X1 END-USER LICENSE AGREEMENT
This End User License Agreement (“License”) sets out the legal terms between You (either an individual or legal entity, “You”) and X1 Discovery, Inc. (“X1”). PLEASE READ CAREFULLY. BY INDICATING YOUR ACCEPTANCE OF THESE TERMS, OR BY DOWNLOADING, INSTALLING, COPYING OR USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
1. License. Subject to Your compliance with the terms and conditions of this License and payment of any applicable license fees, X1 grants to You a limited, non-exclusive, non-transferable, non-sublicensable license to download, install and use a single copy of the Software on Your personal computer or mobile device (e.g., iPhone, iPad, BlackBerry, Android) (each of personal computer and mobile device, a “Device”), as applicable. This License is bound to the Device You used to install the Software and usage by multiple users or on multiple Devices is prohibited. “Software” includes object code form of the program, accompanying documentation, related components provided with the Software, and any updates and maintenance releases provided to You, if any. This Software is licensed, not sold and X1 grants You only the specific rights expressly set forth in this paragraph. X1 reserves all other rights.
2. Restrictions. You agree not to (i) alter any copyright, trademark, patent, or other proprietary legends on or in the Software; (ii) decompile, reverse engineer, disassemble or otherwise reproduce the Software, or modify or create derivative works based on the Software; (iii) publish, copy, rent, lease, sublicense, distribute, assign, or commercially exploit the Software; (iv) use the Software in any manner that could damage, disable, burden, or impair X1's or any other party's servers or services; or (v) merge the Software into another program. If You want to make commercial use of the Software, including but not limited to selling or distributing results or output from the Software, You must obtain such license rights through a separate license agreement with X1. The Software may contain software licensed from third parties ("Licensed Software") and You may not access any Licensed Software made available in connection with or through the Software (e.g., an integrated file viewer) without the presence and execution of the Software. You agree that the owners of such Licensed Software may enforce their rights under this Agreement against You directly in their own name.
3. Support. The terms of this License will govern any updates or upgrades that may be provided by X1 that replace or supplement the original Software, unless such update or upgrade is accompanied by a separate license, in which case the terms of that license will govern. X1 does not guarantee that any future updates or upgrades of Software will be made available to You or will be available free of charge. Additionally, X1 may automatically download and install updates or other changes to the Software. X1 is not required to reply to support requests or offer You general advice on technologies underlying or related to Software. Without limiting the generality of the foregoing, X1 may cease offering support of any kind pertaining to the usage of older releases of Software whenever a new release, whether for free or for pay, of Software becomes available.
4. Third Party Services. X1 may enable access to third party services, content and web sites (collectively, "Third Party Services") from within or through the Software. You acknowledge and agree that X1 is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Services. Use of the Third Party Services may require Internet access, subscription to a service, and acceptance of terms for such Third Party Services. To the extent You choose to access such Third Party Services, You are responsible for compliance with all fees, terms of service and all applicable laws with respect to such Third Party Services. You hereby waive any legal claim You might have against X1 with respect to such Third Party Services.
5. Changes. X1 products and services are constantly evolving and X1 may change or discontinue the Software or impose new or additional rules, policies, terms or conditions on Your use of the Software and all or part of the terms of this License, without notice or liability to You. YOUR CONTINUED USE OF THE SOFTWARE FOLLOWING X1’S POSTING OF ANY CHANGED TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGED TERMS.
6. Termination. This License is effective until terminated. You may terminate this License at any time. This License will terminate immediately without notice from X1 if You fail to comply with any provision of this License. If You have licensed the Software under a term license, the License shall terminate upon the expiration of the term. Upon termination, You must uninstall, remove, and delete all copies and installations of the Software.
8. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. X1 EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. X1 DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL, AND/OR USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION, OR USE OF THE SOFTWARE. X1 DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR DOWNLOAD, INSTALLATION, OR USE OF THE SOFTWARE.
9. LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL X1 BE LIABLE TO YOU FOR YOUR USE OF THE SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF X1 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM INABILITY TO USE THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, X1’s liability shall in no event exceed THE GREATER OF THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT TO WHICH THE LIABILITY IS RELATED OR US$100.00.
10. Export Control and Other Prohibitions. The Software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software, which may include restrictions on destinations, end users and usage.
11. Government End Users. If the Software is supplied to or on behalf of the United States Government, then the Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software. " All other terms and conditions of this License apply.
12. Written Licenses and Order of Precedence. In the event of a conflict between the terms and conditions of this License and any written, negotiated or pre-printed license between X1 and You governing Your use of the Software, such written license shall control.
13. Choice of Law and Venue. This License shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law or conflicts of law rules.
14. Miscellaneous. Nothing herein shall be to limit X1 rights and remedies provided by law. This License, including the Terms of Service [x1.com/Terms], constitutes the entire agreement between You and X1 relating to the Software and supersedes all prior or contemporaneous oral or written communications and representations with respect to the Software or any other subject matter covered by this License.