AdsSciences Manager END USER LICENSE AGREEMENT AND TERMS OF SERVICEUse of the AdsSciences Manager ("ADSManager") implies the acceptance of what set forth in the following sections.
1. Licensed Uses and Restrictions.The ADSManager application, documentation, and eventual local computer files installed or utilized by the application are owned by Appanite and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. This Software License defines legal use of the Appanite Software, all updates and revisions. All rights not expressly granted to you are reserved by Appanite.
a. YOU MAY personally use the ADSManager platform and any updates provided by Appanite (in its sole discretion) on a personal computer owned or controlled by you. Your license to the ADSManager platform under this Software License continues until it is terminated by either party. You may terminate the Software License by discontinuing use of all or any of the ADSManager. This Software License terminates automatically if you violate any term of this Software License.
b. YOU MAY NOT:
(i) attempt to access the backend code or databases, decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the ADSManager platform or any portion thereof.
(ii) incorporate the ADSManager platform into any computer chip or the firmware of a computing device manufactured by or for you.
(iii) use the ADSManager platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with TOS or this Software License.
(v) use the ADSManager Platform in violation of applicable U.S. laws or regulations.
(vi) sell, lease, loan, distribute, transfer or sublicense the ADSManager platform, without Appanite's prior, express, written permission.
2. Ownership and Relationship of Parties.The ADSManager Platform is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Software License and in the TOS. Appanite, Inc. owns all rights, title, and interest in and to their applicable contributions to the ADSManager Platform. This Software License grants you no right, title, or interest in any intellectual property owned or licensed by Appanite, including (but not limited to) the ADSManager platform and Appanite trademarks, and creates no relationship between yourself and Appanite's Licensors, or between you and Appanite other than that of Appanite to licensee.
You agree not to assign, copy, transfer or transmit the ADSManger, or any data obtained through to it to any third party. Your license to use the ADSManager, its components, and any third party data will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the platform, its components, and any third party data. All rights in any third party data, any third party software, and any third party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.
3. Support and Software Updates.Appanite may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the ADSManager Platform (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Appanite may change, suspend or discontinue any aspect of the ADSManager platform at any time, including the availability of any software feature, database, or content. Appanite may also impose limits on certain features and services or restrict your access to parts or all of the ADSManager Platform without notice or liability.
4. Fees and Payments.Appanite reserves the right to charge fees for future use of or access to the ADSManager platform in Appanite's sole discretion. If Appanite decides to charge for the Appanite Platform such charges will be disclosed to you prior.
5. Disclaimer of Warranties by Appanite.USE OF THE ADSMANAGER PLATFORM AND ANY DATA ACCESSED THROUGH IT IS AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS".
APPANITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "APPANITE ENTITIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE ADSMANAGER PLATFORM AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE PLATFORM AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IF THE ADSMANAGER PLATFORM OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE APPANITE ENTITIES ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE APPANITE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability.THE APPANITE ENTITIES WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE ADSMANAGER PLATFORM BY YOURSELF OR BY THIRD PARTIES, TO THE USE OR NON-USE OF ANY BROKERAGE FIRM OR DEALER, OR TO THE SALE OR PURCHASE OF ANY SECURITY, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.
THE APPANITE ENTITIES ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE ADSMANAGER PLATFORM, YOUR USE OR INABILITY TO USE OR ACCESS THE ADSMANAGER PLATFORM OR ANY DATA PROVIDED THROUGH THE ADSMANAGER PLATFORM, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.
INFORMATION PROVIDED THROUGH THE ADSMANAGER PLATFORM MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE APPANITE ENTITIES WILL HAVE NO LIABILITY WITH RESPECT THERETO. APPANITE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE ADSMANAGER PLATFORM OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE ADSMANAGER PLATFORM AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT, HOURS OF AVAILABILITY.