ARC® TOOLKIT (THE “SERVICE”) TERMS OF SERVICE
These license (the “Terms”) terms are an agreement between TPG Interactive, LLC, a Delaware Limited Liability Company and its affiliated companies (“TPGi”) and you. Please read them carefully. They apply to the software service named above and any updates, patches, enhancements, new versions and successors to the software. By installing and using the Service you accept these Terms; if you do not agree to these terms then do not install or use the Service.
License to Use the Service.
You are granted a limited, non-exclusive, non-transferable and non-sublicensable right to use the Service All rights and title in and full ownership of the Service that are not expressly granted by this Agreement are expressly reserved by TPGi. You obtain no right, title or interest in the Service or any of the associated materials, or any right, title or interest to any intellectual property rights in the Service, other than as expressly set forth in these terms.
You may not, and may not allow any third party to: (i) decompile, disassemble, decrypt, or reverse engineer the Service, attempt to derive the source code for any part of the Service, or modify or create derivative works of the Service; (ii) make copies of the Documentation other than as expressly permitted by this Agreement; (iii) sell, lease, lend, or sublicense the Service to any third party, or permit the Service to be Used for timesharing or service bureau purposes; (iv) encumber any right in the Service in favor of a third party, whether by agreement, operation of law, or otherwise; (v) publish or disclose to any third party the results of any benchmark tests or other evaluation run on the Service without the prior written consent of TPGi.
Disclaimer of all Warranties
TPG provides the Service to Subscriber “as is” and with all faults, makes no other warranties related to the Service or the results to be obtained from the Use of the Service, and provides the Service without any other warranties of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose and non-infringement. You acknowledge and agree that use of the Service shall be at Your sole and exclusive risk. You hereby acknowledge that the Service may contain errors, inaccuracies and omissions.
Limitation of Damages.
To the fullest extent permitted by applicable law, regardless of whether or not any remedy set forth herein fails in its essential purpose, in no event will either party be liable to the other party for any consequential, incidental, indirect, special, punitive or other damages whatsoever (including, without limitation, damages for loss of business profits or information, business interruption, or any other pecuniary loss), arising out of or in any way related to their respective obligations under this Agreement and whether based on contract, tort, negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages. The entire liability of TPGi for any damages under any provision of this Agreement shall be limited to $100.00 USD.
Governing Law, Jurisdiction and Venue.
This Agreement shall be governed interpreted, construed and enforced in accordance with the laws of the State of Florida. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. The parties agree that the sole and exclusive venue and jurisdiction for filing and maintaining any lawsuit or other action or proceeding related to this Agreement shall be in the state or federal courts sitting in Pinellas County, Florida. Each party, by entering into this Agreement, consents and submits itself to the personal jurisdiction of such court.
Export Restrictions and Compliance with Laws.
You may not export, ship, transmit or re-export the Service in violation of any applicable law or regulation, including but not limited to, Export Administration Regulations issued by the U.S. Department of Commerce.
This Agreement constitutes the entire agreement between You and TPGi related to the Service The provisions of the Agreement shall be binding upon, and inure to the benefit of, the parties, their successors, and their permitted assigns.