SOFTWARE LICENSE AGREEMENT
Effective July 7, 2017
BY DOWNLOADING AND/OR USING THE PROJECTOR.IS SOFTWARE MODULE (“SOFTWARE”), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
(a) The Software and any documentation that came with the Software are licensed, not sold, to you by Projector.is, Inc. (“Company”) for use only under the terms of this License, and Company reserves all rights not expressly granted to you. The license rights granted herein are limited to Company’s intellectual property rights in the Software and do not include any other patents or intellectual property rights. Company and/or Company’s licensor(s) retain ownership of the Software.
2. Permitted License Uses and Restrictions
(a) This License allows you to use the Software on any computer or mobile device (each, a “Computer”) that you own or control in order to share the screen of your Computer with a provider who is using the Screenmeet for Support software. This License does not allow you to distribute or make the Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Software or use it in connection with any software other than the Screenmeet for Support software. The terms of this License will govern any updates to the Software that Company may make available for download (“Software Updates”), unless such Software Update is accompanied by a separate license, in which case the terms of that license will govern such Update.
(b) Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, Software Updates, or any part thereof. Any attempt to do so is a violation of the rights of Company and its licensors of the Software and Software Updates. If you breach this restriction, you may be subject to prosecution and liable for damages.
(c) In addition to proprietary code developed by Company or others, the Software may include computer code licensed under the GNU Lesser General Public License (“LGPL”) and other open source licenses (“open source software” or “OSS”). The text of those licenses and all related notices included with the Software are available at https://screenmeet.com/license-agreement. Nothing in this License overrides the terms of the relevant open source licenses with respect to the OSS covered by that license or requires either party to act contrary to that OSS license. For example, even though Section 2(b) above prohibits you from reverse engineering or modifying the Software, you may modify a “Library” (as that term is defined in the LGPL) and you may reverse engineer and modify the proprietary portions of the Software that use that Library solely for your own use as necessary to debug those modifications. However, you acknowledge that any modification you elect to make to the Software may make the Software fail to operate.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from Company if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and Software Updates.
(a) Company will use commercially reasonable efforts to screen the Software and Software Updates before delivery, to reduce the possibility of the existence of any computer code intentionally designed to: (i) disrupt, disable, harm or otherwise impede in any manner the proper operation of a computer program or (ii) damage or destroy any data files residing on a computer system without the user’s consent (“Virus”). If Company performs such screening, but you are able to demonstrate that the Software supplied by Company is the source of a Virus introduced into your computing environment, Company’s sole obligation will be to deliver a new copy of the Software free of the identified Virus at no charge to you. You acknowledge that not all Viruses can be detected by such programs, and, therefore, Company does not represent or warrant that the Software will be free of Viruses.
(b) Company represents and warrants that the Software and any Software Updates do not and will not contain any content which is spam or randomly-generated, and do not and will not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); or any such content which is in breach of any laws.
(c) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND SOFTWARE UPDATES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE. EXCEPT AS SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SOFTWARE UPDATES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY AND COMPANY’S LICENSORS (COLLECTIVELY REFERRED TO AS “COMPANY” FOR THE PURPOSES OF SECTIONS 4 AND 5) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND SOFTWARE UPDATES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE AND SOFTWARE UPDATES, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE AND SOFTWARE UPDATES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE AND SOFTWARE UPDATES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE AND SOFTWARE UPDATES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
THE DISCLAIMER OF WARRANTY STATED IN THIS SECTION DOES NOT AFFECT ANY LEGAL RIGHTS YOU MAY HAVE UNDER LOCAL APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
5. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY OR ITS BUSINESS PARTNERS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR FOR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE AND SOFTWARE UPDATES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY OR ITS BUSINESS PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS LICENSE, COMPANY, ON BEHALF OF ITSELF AND ITS BUSINESS PARTNERS, DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED IN THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
6. Export Control
You may not use or otherwise export or reexport the Software or Software Updates except as authorized by the laws of the jurisdiction of your residence and the laws of the jurisdiction(s) in which the Software and Software Updates were obtained. In particular, but without limitation, neither the Software nor the Software Updates may be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software and Software Updates, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or the Software Updates for any purposes prohibited by the laws of the jurisdiction of your residence including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
7. Government End Users
The Software, Software Updates, and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
8. Controlling Law; Governing Language
This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
9. Complete Agreement; Severability
This License constitutes the entire agreement between the parties with respect to the use of the Software and Software Updates licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Company. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.