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Terms and Condition
END USER LICENSE AGREEMENT By using the Delete My Ticket (the “Company”) product deletemyticket.com (the “Software”) you indicate your agreement to the terms of this End User License Agreement (the “Agreement”). If you do not agree to the terms herein, you are not authorized to use the Software. The Software, all images, photographs, icons, and text incorporated in the Software, are owned by Company and is protected by United States copyright laws and international treaty provisions. Except to the extent expressly licensed herein, all rights are reserved to Company. You may not reverse engineer, decompile or disassemble the Software except as set forth herein. ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE TERMS SET FORTH BELOW. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE. 1. LICENSE GRANT The Company grants you a non-exclusive, royalty-free, worldwide right and license to use the executable version of the Software, where “use” in this Agreement means storing, loading, installing or executing the Software. You may not modify the Software or disable any licensing or control features of the Software. You agree that you may not copy the written materials accompanying the Software. You may not rent or lease your rights to the Software or documentation. 2. OWNERSHIP All right, title and interest in and to the Software is owned and copyrighted by the Company or its third party suppliers. Your license confers neither title to nor ownership in the Software and is not a sale of any rights in the Company. No license is given to you under any patent or patent application of Company. 3. NO WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. 4. NO LIABILITY FOR DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, THE COMPANY’S LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE LICENSE FEE, IF ANY, PAID BY YOU DIRECTLY TO THE COMPANY FOR USE OF THE PRODUCT OR ANY LICENSE FEE RECEIVED BY THE COMPANY FOR THE USE OF THE PRODUCT IF PURCHASED THROUGH AN AUTHORIZED THIRD PARTY. 5. CUSTOMER REMEDIES YOUR EXCLUSIVE REMEDY SHALL BE, AT COMPANY OPTION, REPAIR OR REPLACEMENT OF THE SOFTWARE OR REFUND OF PART OR ALL OF THE LICENSE FEE, IF ANY, PAID BY YOU FOR THE SOFTWARE. 6. INDEMNIFICATION You agree to hold harmless, indemnify and defend the Company, its officers, directors, employees and third party suppliers against any loss, damage, fine, or expense including attorney’s fees arising out of or related to any claim that you have used this Software in violation of applicable laws in your jurisdiction. It is your responsibility to abide by the laws of whichever jurisdiction you reside in. 7. TERMINATION The Company may terminate your license immediately without notice to you for your failure to comply with any of the terms set forth in this Agreement. Upon termination, you must immediately cease using the software. Obligations to pay accrued charges or fees shall survive the termination of this Agreement. 8. ASSIGNMENT AND NON-ASSIGNMENT This license is personal to you. You may not assign your rights under this Agreement to a third party. You may not assign your rights under this Agreement to any entity. 9. U.S. GOVERNMENT RESTRICTED RIGHTS The Software and any accompanying documentation have been developed entirely at private expense. They are delivered and licensed as “commercial computer software.” If this Software is acquired under the terms of a DOD or civilian agency contract, use, reproduction or disclosure of the Software by the Government is subject to the restrictions set forth in this License Agreement in accordance with 48 C.F.R. 227.7202 or 48 C.F.R. 12.212, respectively. 10. NEGATION OF PARTNERSHIP Company shall not become or be deemed a partner or a joint venturer with you by reason of the provisions of this license. 14. GOVERNING LAW AND FORUM Irrespective of the place of execution or performance, this License Agreement shall be governed and construed in accordance with the laws of the state of California in the United States of America, applicable to agreements. Any litigation to enforce or interpret the provisions of this License Agreement or the parties’ rights or obligations arising out of this License Agreement or the performance hereunder shall be maintained only in the courts in a City of Company's choosing, and the parties expressly consent to personal jurisdiction in such courts. In the event that you breach this Agreement or indicate your intention to breach this Agreement in any manner that violates or may violate the Company’s intellectual property rights or may cause continuing or irreparable harm to the Company, the Company may seek injunctive relief in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. 15. ENTIRE AGREEMENT Unless otherwise expressly agreed in writing, this License Agreement constitutes the sole and exclusive agreement between you and Company with regard to the Software, and supersedes all prior agreements, whether oral or written, and other communications between the parties relating to the subject matter set forth herein. If you have any questions regarding this License Agreement or if you wish to request any information from Company, please contact the firm at the email address below. All correspondence must be in English. deletemyticket.com P. O. Box 1435, Hermosa Beach, CA 90254 Email: firstname.lastname@example.org Copyright © 2015 MUNNSTEC LLC. All rights reserved. PRODUCT LIST & TRADEMARK LIST are copyright and trademarks of MUNNSTEC LLC.
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