End User License Agreement
END USER LICENSE AGREEMENT
FULLCAST INC. (“FULLCAST”) LICENSES THIS FULLCAST.IO PLATFORM (“PLATFORM”) TO YOU SUBJECT TO THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”). THIS PLATFORM HAS NOT BEEN RELEASED FOR SALE, DISTRIBUTION OR USAGE FOR THE GENERAL PUBLIC.
THE PLATFORM AND ITS CONTENTS ARE PROTECTED BY COPYRIGHT AND IT IS LICENSED ON A LIMITED BASIS TO YOU AND NOT SOLD TO YOU. PLEASE READ THESE TERMS AND CONDITIONS BEFORE YOU USE THE PLATFORM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS EULA, PLEASE DO NOT USE THE PLATFORM OR ITS CONTENT.
FULLCAST RESERVES THE RIGHT TO UPDATE THIS EULA AT ANY TIME, AND IS NOT OBLIGATED TO NOTIFY YOU. NOTWITHSTANDING THE FORGOING, FULLCAST WILL REASONABLY INFORM YOU OF ANY REVISIONS, MODIFICATIONS OR OTHER CHANGES TO THE PLATFORM, AND THIS EULA, BY POSTING A NOTIFICATION ON THE PLATFORM.
LICENSE GRANT, USE AND OWNERSHIP
Licensee’s rights with respect to the platform will begin on the date of its agreement with the fullcast.io and shall terminate (i) upon termination of the Services Agreement between the parties; or (ii) by either Party due to breach of either party’s obligations hereunder with 30 days’ notice in case of incurable breach.
IT IS UNDERSTOOD THAT THE PLATFORM IS PROVIDED “AS-IS”. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR – WITHOUT LIMITATION – ANY LOSS OF USE; INTERRUPTION OF BUSINESS; OR ANY DIRECT; INDIRECT; SPECIAL; INCIDENTAL; EXEMPLARY OR PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT; TORT (INCLUDING NEGLIGENCE); STRICT PRODUCT LIABILITY OR OTHERWISE; WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE PLATFORM (INCLUDING BUT NOT LIMITED TO LOSS OR UNCONSENTED TO DISCLOSURE OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY LICENSEE OR THIRD PARTIES OR A FAILURE OF THE PLATFORM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF FULLCAST.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PARTY’S TOTAL LIABILITY UNDER THIS EULA SHALL EXCEED THE FEE RECEIVED BY FULLCAST.IO FROM LICENSEE FOR THE APPLICABLE LICENSE OR STATEMENT OF WORK IN THE TWELVE MONTHS PRECEDING THE DATE OF THE CLAIM.
fullcast.io warrants that the platform will perform in accordance with platform documentation, if any. In case the platform does not perform as intended, fullcast.io shall correct the deficiencies within a reasonable time without any charge.
Each party shall indemnify and hold harmless the other and its officers, contractors and employees (“personnel”) from and against any claim, damage or liabilities (or actions in respect thereof that may be asserted by any third party) that may result from any third party claims arising out of or relating to either party’s unauthorized use of the services, and shall reimburse the other for all expenses (including attorney’s fees) as incurred by the indemnified party in connection with any such action or claim, except to the extent any such claim is finally determined to have resulted from gross negligence or intentional misconduct of the other party. Provider shall indemnify client for all penalties and expenses arising from third party claims alleging (i) breach of third party intellectual property rights by Provider (ii) violation of applicable laws (iii) breach of confidentiality
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. fullcast.io prefers to resolve things amiably when possible therefore, Licensee agrees to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application. Licensee shall first notify fullcast.io of its dispute by sending a notice to firstname.lastname@example.org.
This Agreement along with the Services Agreement, constitutes the complete and exclusive agreement between licensee and fullcast.io with respect to the platform, and supersedes all prior or contemporaneous oral or written communications, unless otherwise mutually agreed to by the parties in writing.
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