IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND FACEMYDOC. READ IT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE.
BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE THE SOFTWARE.
- License Grants
a. You may install and use the Software on a single computer subject to the conditions as set forth in Section 2.
b. Your license rights under this EULA are non-exclusive.
- License Restrictions
a. You may not copy, distribute or transfer any part of the Software.
b. You agree to prevent unauthorized copying of the Software.
c. You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
d. You may not rent, lease, sell, or sublicense the Software.
e. You may not modify the Software or create derivative works based upon the Software.
f. You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations there under.
g. The Software may include portions offered on terms in addition to those set out here, as set out in a license accompanying those portions.
h. In the event that you fail to comply with this EULA, FACEMYDOC may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software.
- Personal Information
You affirm that you are of legal age of majority in your jurisdiction and are otherwise fully able and competent to enter into the terms of this agreement.
- Privacy laws and regulations
You agree to comply with all laws and regulations in connection with your use of the Software, including, but not limited to:
(a) with respect to personally identifiable information sent or received by you, all privacy laws and regulations, and
(b) laws relating to the recording of communications, including, when required, advising all participants in a recorded FaceMyDoc meeting or event that the meeting or event is being recorded.
It is your responsibility to ensure that you have the right to use the Software and its recording features where you are located, as well as where your meeting participants are located.
The Software is licensed, not sold, to you for use only under the terms and conditions of this Agreement, and FACEMYDOC reserves all rights not expressly granted to you in this Agreement. FACEMYDOC retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software, and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by FACEMYDOC.
- Warranties and limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FACEMYDOC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. FACEMYDOC DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USING THE SOFTWARE REMAINS WITH YOU. FACEMYDOC ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO THE COST OF THE SOFTWARE OR A REPLACEMENT COPY OF THE SOFTWARE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FACEMYDOC OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR LOST INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF FACEMYDOC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- U.S. government restricted rights legend
The Software is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Software by the Government constitutes acknowledgment of FACEMYDOC proprietary rights therein. Contractor or Manufacturer is FACEMYDOC, 80 Orville Dr. Bohemia, NY 11716.
This EULA shall be governed by the internal laws of the State of New York, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Suffolk County, New York or the federal courts in the Southern District of New York to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
FACEMYDOC may, in its sole discretion, modify portions of this Agreement at any time. FACEMYDOC may notify you of any changes by posting notice of such modifications on FACEMYDOC’s web site(s) or sending notice via e-mail, postal mail or other means. Your continued use of the Software following notice of such modifications shall be deemed to be your acceptance of any such modifications to the Agreement. If you do not agree to any such modifications, you must immediately stop using the Software.