Terms of Service Agreement
The Terms of Service was last updated on November 11th, 2013
END-USER LICENSE AGREEMENT FOR GATHERDOCS LLC
IMPORTANT-READ CAREFULLY: This GatherDocs LLC Software End-User License Agreement ("EULA") is a binding legal agreement between you (either an individual or a single entity) and GatherDocs LLC Inc. (“GatherDocs LLC”) for use of gatherDocs, which includes associated printed, "online" or electronic materials (separately and combined referred to as "Content Offering"). By licensing, copying or otherwise using any portion of the Content Offering, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the Content Offering. Please read this EULA carefully. Your use of the Content Offering is subject to the terms of this EULA.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Content Offering. The Content Offering is licensed, not sold.
1. GRANT OF LICENSE. GatherDocs LLC, as licensor, grants to you, the licensee, a limited, nonexclusive right to use the Content Offering for your individual use (as either an individual or a single entity). You are free to use the Content Offering in accordance with this EULA. Neither the Content Offering nor any portion thereof may be resold or redistributed except as otherwise authorized by GatherDocs LLC. All rights not expressly granted to licensee are reserved to GatherDocs LLC or its affiliates.
2. CONTENT OFFERING OWNERSHIP. As the Licensee, you maintain permission for use of the Content Offering in accordance with this EULA. GatherDocs LLC shall retain full and complete rights, title and interest to the Content Offering and all subsequent copies of the Content Offering, regardless of the media or form on or in which the original copies may exist. The License is not a sale of the original Content Offering or any of the underlying material.
3. PRICE AND PAYMENT. If you have not previously paid the license fee for the Content Offering, then you must pay the license fee in the manner specified by GatherDocs LLC, including but not limited to an ongoing subscription fee or a one-time payment, within the period indicated to you by GatherDocs LLC. The license fees paid by you are paid in consideration of the license granted under this EULA. The pricing structure may be changed at any time. Price changes do not affect existing licenses. The new rates will be applicable to the existing licenses when the license is renewed.
4. COPYRIGHT. All rights, title, and interest in and to the Content Offering (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applications" incorporated into the Content Offering) and any copies of the Content Offering are owned by GatherDocs LLC or its suppliers. Copyright laws and international treaty provisions protect the Content Offering. Therefore, you must treat the Content Offering like any other copyrighted material, except that you may make use of it as only provided in this EULA.
5. RESTRICTIONS ON USE. You may not: (a) modify, adapt, create derivative works from or translate any part of the Content Offering (other than as integrated by you into your work in accordance with this EULA), (b) reverse engineer, decompile or disassemble the Content Offering or otherwise attempt to obtain its source code, (c) remove or alter any copyright, trademark or other proprietary notice contained in the Content Offering or (d) use the Content Offering in any manner not set forth in this EULA or in the Content Offering's documentation.
6. EXPORT RESTRICTIONS. The Content Offering may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
7. OWNERSHIP OF CONTENT OFFERING. The Content Offering may contain copyrighted material, trademarks and other intellectual property that is provided by and belongs to GatherDocs LLC and/or third parties ("Third Party Providers"). GatherDocs LLC and the Third Party Providers own and will retain all title, ownership rights and intellectual property rights in and to the Content Offering. Further, you may not use any Third Party Provider's name, image, likeness or voice for any purpose whatsoever without the prior, express written permission of both the Third Party Provider and GatherDocs LLC.
8. ASSIGNMENT. You may assign the Content Offering to a third party only if they agree to be bound by the terms and conditions of this EULA.
9. TERMINATION. Your right to use the Content Offering will automatically terminate if you fail to comply with any provision of this EULA or timely and accurately pay any outstanding license fees. If this EULA is terminated you must: (a) cease all use of the Content Offering, (b) destroy the original and all copies of the Content Offering and (c) permanently delete all copies of the Content Offering from the computer(s) on which it has been installed.
10. INDEMNIFICATION. You agree to indemnify and hold GatherDocs LLC and its affiliates and each of their employees, contractors, agents, officers, and directors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Content Offering, your violation of any terms or conditions of this EULA, your violation of applicable laws, or your violation of the rights of any other person or entity.
11. DATA RIGHTS. GatherDocs LLC agrees that the data and information (including without limitation, computer software, computer database, computer software documentation, specifications, design drawings, reports, blueprints, and the like) generated by the Content Offering from your proprietary data and information shall be and remain your sole property. GatherDocs LLC may collect and track non-personally identifiable information about you, including but not limited to your IP address, the type of hardware you use, and the type of browser you employ, to assist with the necessary operation and function of the Content Offering. GatherDocs LLC reserves the right to compile, save, and use within the scope of GatherDocs LLC activities and to analyze any and all of your data (registration data and use history).
12. LIMITED WARRANTY. THE CONTENT OFFERING IS PROVIDED "AS IS." TO THE FULL EXTENT ALLOWABLE BY LOCAL LAW, GATHERDOCS LLC, GATHERDOCS LLC'S AFFILIATES AND THE THIRD PARTY PROVIDERS DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GATHERDOCS LLC OR A GATHERDOCS LLC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. WITHOUT LIMITATION OF THE FOREGOING, GATHERDOCS LLC AND THE THIRD PARTY PROVIDERS DO NOT WARRANT THAT: (a) THE CONTENT OFFERING WILL BE ERROR-FREE, (b) YOUR USE OF THE CONTENT OFFERING WILL BE UNINTERRUPTED OR ERROR-FREE, (c) THE CONTENT OFFERING WILL MEET YOUR REQUIREMENTS OR (d) THE CONTENT OFFERING WILL OPERATE WITH THE HARDWARE OR SOFTWARE CONFIGURATION YOU CHOOSE.
13. LIMITATIONS ON LIABILITY. IN NO EVENT WILL GATHERDOCS LLC, GATHERDOCS LLC'S AFFILIATES OR THE THIRD PARTY PROVIDERS' LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE PRICE PAID BY YOU FOR THE CONTENT OFFERING.
14. EXCLUSION OF REMEDIES. WITHOUT LIMITING ANY OF THE DISCLAIMERS OR LIMITATIONS SET FORTH IN PARAGRAPHS 8 AND 9, ABOVE, IN NO EVENT WILL GATHERDOCS LLC, GATHERDOCS LLC'S AFFILIATES OR THE THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OR INABILITY TO USE THE CONTENT OFFERING OR ARISING OUT OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION, LOSS OF PROFITS, REVENUE, OTHER PECUNIARY LOSS, USE OF SOFTWARE OR ANY ASSOCIATED HARDWARE OR SOFTWARE, DATA OR GOODWILL), EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. YOUR SPECIFIC RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOUR SPECIFIC RIGHTS MAY VARY FROM JURISDICTION TO JURISDICTION.
16. UPDATES. GatherDocs LLC may from time to time make updates to the Content Offering (whether automatically or made available to you), which are subject to the terms and conditions of this EULA, or, in GatherDocs LLC's sole discretion, GatherDocs LLC may make as a condition to release of such upgrades, your acceptance of another EULA or other execution of a separate agreement. Your use of such updates will be subject to the applicable license and the terms and conditions of this EULA or other agreement.
17. MISCELLANEOUS. This EULA will be binding upon and inure to the benefit of GatherDocs LLC and you, and your respective successors and permitted assigns. If any provision of this EULA is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of this EULA. Any waiver of any breach or failure to enforce any provision of this EULA will not be deemed a future waiver of such term or a waiver of any other provision. Any waiver, amendment, supplementation or modification of any provision of this EULA will be effective only if it is in writing and signed by GatherDocs LLC and you. This EULA shall be governed by the laws of the United States and the State of Pennsylvania, irrespective of Pennsylvania's conflicts of laws rules. Any action arising out of or relating to this EULA may be brought exclusively in the appropriate state or federal court in Philadelphia, Pennsylvania, and GatherDocs LLC and you irrevocably consent to the jurisdiction of such courts and venue in Philadelphia County, Pennsylvania. This EULA constitutes the entire agreement between GatherDocs LLC and you with respect to the subject matter of this EULA. Sections 12 through 14, 16 and 17 will survive the termination of this EULA.