End User License Agreement
This InspectDate End User License Agreement (this "EULA" ) is part of a Customer Agreement (the "Customer Agreement ") between Fixit Frog LLC, an Oregon limited liability company doing business as "InspectDate" ( "InspectDate" , "we" , "our" or "us" ) and the person or entity that has registered for a lender account ( "Customer" ) to use our proprietary software program known as "InspectDate" (the "Software" ). This EULA governs use by Customer and all natural persons to whom Customer provides access to the Software (each, an "Authorized User" ). In this EULA, unless the context clearly indicates otherwise, all references to "you" or "your" mean both the Customer and the Authorized User.
BY CLICKING "I ACCEPT" WHEN YOU REGISTER A USER ACCOUNT OR LOG IN TO USE THE INSPECTDATE SOFTWARE, YOU: (i) REPRESENT THAT YOU ARE DULY AUTHORIZED BY CUSTOMER TO ACCESS AND USE THE SOFTWARE; AND (ii) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS EULA, YOU WILL HAVE NO LICENSE TO, AND MUST NOT ACCESS OR USE, THE SOFTWARE.
For purposes of this EULA, the following terms have the following meanings:
Subject to your strict compliance with this EULA, InspectDate hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Software solely in accordance with the Documentation and this EULA, for your internal business purposes only. The foregoing license will terminate immediately on the earlier to occur of:
The license granted herein includes the limited right and license to:
All copies of the Documentation, Software, or reports made by you:
You shall not, directly or indirectly:
You, the Authorized User, shall not share or disclose your log-in credentials with or to any other individual or entity, even if such other individual is also an Authorized User. If you discover or suspect that your log-in credentials have been accessed or used by anyone other than you, you will promptly change or reset your password.
The Software may contain technological copy protection or other security features designed to prevent unauthorized use of the Software, including features to protect against use of the Software that is beyond the scope of the license granted in this EULA or that is prohibited by the terms of this EULA. You shall not, and shall not attempt to, remove, disable, circumvent or otherwise create or implement any workaround to any such copy protection or security features.
You acknowledge that the Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Software under this EULA, or any other rights to the Software other than to use the Software in accordance with the license granted under this EULA, subject to all terms, conditions and restrictions contained therein and herein. InspectDate reserves and shall retain its entire right, title and interest in and to the Software and all intellectual property rights arising out of or relating to the Software , subject to the licenses expressly granted in the Customer Agreement and this EULA. You shall use commercially reasonable efforts to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access.
The Software may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Software available outside the United States.
IN NO EVENT WILL INSPECTDATE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SOFTWARE. YOU ARE PROVIDED THE SOFTWARE PURSUANT TO THE CUSTOMER AGREEMENT BETWEEN INSPECTDATE AND CUSTOMER, SOLELY FOR THE BENEFIT OF CUSTOMER AND AT CUSTOMER’S DISCRETION. YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER THAT AGREEMENT INCLUDING ANY RIGHTS TO ENFORCE ANY OF ITS TERMS. ANY OBLIGATION OR LIABILITY OF INSPECTDATE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR LICENSORS OR SERVICE PROVIDERS, MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE SOFTWARE SHALL BE SOLELY TO CUSTOMER PURSUANT TO THAT AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.
This EULA shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Oregon.