This End-User License Agreement (“EULA”) governs all access to and use of the software from RecoilStore (“Software”). YOU MUST READ THIS EULA CAREFULLY AND ACCEPT ALL THE TERMS AND CONDITIONS SET OUT BELOW BEFORE YOU ARE ENTITLED TO DOWNLOAD, INSTALL AND USE THE SOFTWARE. BY DOWNLOADING THE SOFTWARE, YOU AGREE TO BECOME THE LICENSEE TO THIS EULA AND CONSENT TO BE BOUND BY ALL OF ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL SUCH TERMS, DO NOT DOWNLOAD THE SOFTWARE. This EULA is a legally binding contract between you and RecoilStore. In consideration of the mutual covenants contained herein, you and RecoilStore here by agree as follows:
1. You acknowledge that all right, title, and interest in the copyrights and other intellectual property rights in the Software reside at all times in RecoilStore.
2. The trademarks, logos, and service marks (collectively the “Marks” or “Mark”) appearing on the Software or the website of RecoilStore are registered and unregistered marks of RecoilStore or others than RecoilStore. Neither this EULA nor the use of the Software grants you any right to use any Mark displayed on the Software or the website of RecoilStore.
3. RecoilStore hereby grant you a revocable, limited, nonexclusive license during the term of this EULA to use the Software, solely for your personal, non-commercial use, and subject to the limitations set forth in this EULA. RecoilStore grant nonexclusive licenses and not exclusive licenses or assignments. All rights not expressly granted in this EULA are reserved.
4. Limited Use. You will not:
1. Use the Software for any purpose other than a personal, non-commercial one;
2. Disclose any of the Software;
3. Change the Software in any way, including “disassemble, decompile or reversed engineering”;
4. Translate, adapt, modify, lease, rent, loan, redistribute, sub-lease, sub-license or create derivative works of/from the Software;
5. Employ the software for any unlawful purpose.
5. Your license to use the Software is immediately revoked, without notice from RecoilStore, in the event that you breach any provision of this EULA.
6. General terms.
1. Any party may terminate this EULA upon notice to another. In the event of termination, all licenses hereunder immediately terminate, and you agree to discontinue accessing and attempting to access or use the Software and shall forthwith uninstall and delete the Software from any device upon such termination.
2. Disclaimer of warranties. RecoilStore PROVIDE THE SOFTWARE ON AN “AS IS,” “AS AVAILABLE” BASIS. RecoilStore MAKE NO WARRANTY AS TO THE ACCURACY, CURRENCY, COMPLETENESS , OR USABILITY OR RELIABILITY OF THE SOFTWARE. YOU ARE ADVISED THAT THE SOFTWARE, THOUGH DEEMED RELIABLE, MAY CONTAIN ERRORS AND IS SUBJECT TO REVISION AT ALL TIMES. RecoilStore EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SOFTWARE.
3. Limitations and exclusions of liability. UNDER NO CIRCUMSTANCES SHALL RecoilStore BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SOFTWARE. YOUR SOLE REMEDY, IN THE EVENT RecoilStore OR ANY ONE OF THEM BREACH THIS EULA, SHALL BE TO TERMINATE THIS EULA.
4. You irrevocably accept that you are solely responsible for all loss, damage, costs and expenses suffered and/or incurred arising from, and/or in connection with, the download, installation and/or use of the Software.
5. Indemnification. You will defend, indemnify and hold RecoilStore harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) in any claim, demand, action or proceeding initiated by any third-party against RecoilStore arising from any of your acts, including without limitation violating this or any other agreement or any law.
6. Assignment. You may not assign or delegate this EULA or any obligations, rights, or duties hereunder. Any attempted or purported assignment or delegation in contravention of this section is null and void.
7. Integration and severability. This EULA contains the entire understanding of the parties and supersedes all previous oral and written agreements on the subject matter hereof. Each provision of this EULA is severable from the whole, and if one provision is declared invalid, the other provisions shall remain in full force and effect.
8. Governing law. This EULA is governed by, and construed in accordance with, the local laws where the headquarters of the owner of this web site is located and you irrevocably submit to the exclusive jurisdiction of the courts where the headquarters of the owner of this web site is located.
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements, and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty- free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-PartyContent does not imply approval or endorsement thereof by us. If you decide to leave the site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third- Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
DISCLAIMER
TO THE FULLEST EXTENT PERMITTED AT LAW, RecoilStore IS PROVIDING THIS WEBSITE AND ITS CONTENTS/PRODUCTS ON AN “AS IS” BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, RecoilStore DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.Except as specifically stated on this website, to the fullest extent permitted at law, neither RecoilStore nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.