FILES DIRECT.COM ®
SOFTWARE OPERATING LICENSE AGREEMENT
FILES DIRECT.COM® and GB SOLUTIONS INC. ("FD") IS WILLING TO LICENSE THE USE OF SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS OF THIS LICENSE AGREEMENT CAREFULLY. IF YOU AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, INDICATE YOUR ACCEPTANCE BY CLICKING THE APPROPRIATE BUTTON AT THE BOTTOM OF THIS PAGE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, INDICATED YOUR NON-ACCEPTANCE BY CLICKING THE APPROPRIATE BUTTON AT THE BOTTOM OF THIS PAGE AND THE REGISTRATION PROCESS WILL NOT CONTINUE.
LICENSE: FilesDirect.com® grants you a non-exclusive license to use the software ("Software") and any accompanying documentation ("Documentation"). The Software is user licensed, not sold. You may use the Software solely for your own customary business or personal purposes. You may only use the Software in accordance with the Documentation. You may not rent, lease, sublicense or lend the usage of FilesDirect.com® services.
You may not make or have made, or permit to be made, any copies of the Software or portions thereof, except as necessary for backup or archival purposes in support of your use of the Software as permitted hereunder. You may not copy the Documentation. You may not attempt to alter, disassemble, decompile, decrypt or reverse engineer the Software.
PROPRIETARY RIGHTS: You acknowledge that the Software usage & it services are proprietary to FilesDirect.com® and its suppliers and that title and other intellectual property rights therein remain with FilesDirect.com® and its suppliers. Except as stated above, this Agreement does not grant you any right to patents, copyrights, trade secrets, trademarks (whether registered or unregistered), or any other rights, franchises or licenses in respect of the Software usage & services. You may not adopt or use any trademark or trade name that is likely to be similar to or confusing with that of FilesDirect.com® or any of its suppliers or take any other action which impairs or reduces the trademark rights of FilesDirect.com® or its suppliers.
CONFIDENTIALITY: You agree to hold the Software usage & services in confidence, disclosing the Software only to authorized users having a need to use the Software as permitted by this Agreement and to take all reasonable precautions to prevent disclosure to other parties.
REMEDIES AND TERMINATION: Unauthorized use, copying or disclosure of the Software usage, or any breach of this Agreement will result in automatic termination of this license and will make available to FilesDirect.com® other legal remedies. In the event of termination, you must terminate the usage of the Software and all of its component parts. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, damages, and FilesDirect.com® proprietary rights shall survive termination.
LIMITED WARRANTY AND DISCLAIMER: FilesDirect.com warrants to the original services purchaser ("Customer") for fifteen (15) days from the date of original purchase services from FilesDirect.com®. FilesDirect.com® warrants the services and operational of the Software against failure during the above warranty period. FilesDirect.com® makes no warranty or representation that the Software application will meet your specific requirements, that the operation of the Software will be uninterrupted or error free, or that all defects in the Software will be corrected. FilesDirect.com® makes no warranty, implied or otherwise, regarding the performance or reliability of any third party products (software or hardware) not provided by FilesDirect.com®. THE INSTALLATION OF ANY THIRD PARTY PRODUCTS OTHER THAN AS AUTHORIZED BY FilesDirect.com® WILL VOID THIS WARRANTY. IN ADDITION, USE, MODIFICATION, AND/OR REPAIR OF THE SOFTWARE APPLICATION OTHER THAN AS AUTHORIZED BY FILESDIRECT.COM® WILL VOID THIS WARRANTY. FilesDirect.com is not responsible for the possible transmission of Viruses via the transfer system.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, FILESDIRECT.COM® MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS ON THE USAGE OF SOFTWARE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH YOU, AND FILESDIRECT.COM® SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY APPLICABLE LAW, FILESDIRECT.COM® AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE OR FAILURE OF THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF FILESDIRECT.COM® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE PURCHASE PRICE REFLECTS THIS ALLOCATION OF RISK. 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.
U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and Documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
GENERAL: The laws of the State of Nevada govern this Agreement. You agree that this Agreement shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods (1980). This Agreement is the entire agreement held between us and supersedes any other communications or advertising with respect to the usage of the Software. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
If you have any questions, please see FilesDirect.com® web site at www.filesdirect.com
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.