This License Agreement (“Agreement”) describes the relationship between InfoReliance Corporation (“InfoReliance”) and the licensee identified by the act of accessing and using the Platform and/or Software (“Licensee”).
BY YOUR ACCESS AND USE OF THE PLATFORM AND/OR SOFTWARE, YOU AFFIRM YOU HAVE READ AND CONFIRM YOUR AGREEMENT WITH THE TERMS SET FORTH BELOW. YOU ALSO AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LICENSEE TO COMPLIANCE WITH THE TERMS HEREUNDER, INCLUDING ALL OBLIGATIONS HEREUNDER. AMONG OTHER THINGS, THIS MEANS, IF YOU ARE A DESIGNATED USER REGISTERING FOR A GOVERNMENT LICENSE/ACCOUNT, YOU MUST BE A BONA FIDE EMPLOYEE OF OR INDEPENDENT CONTRACTOR TO THE GOVERNMENT ENTITY IN WHOSE NAME THE LICENSE/ACCOUNT IS HELD AND BE AUTHORIZED TO REGISTER UNDER THE NAME OF THE GOVERNMENT ENTITY. IF YOU DO NOT HAVE THE LEGAL AUTHORITY TO CONTRACT AND BIND THE LICENSEE, DO NOT ACCESS OR USE THE PLATFORM AND SOFTWARE.
Consistent with all policies binding you by the nature of your relationship with InfoReliance Corporation (“InfoReliance”), you may not use, or encourage, promote, facilitate or instruct others to use for any illegal, fraudulent, infringing, harmful, or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent, infringing, harmful, or offensive by use of the InfoReliance lab site or InfoReliance equipment or facilities, inclusive of any
InfoReliance materials or services.
All platforms and software that Licensee is authorized to use is the intellectual property of and is owned by InfoReliance and/or its Licensors. This Agreement does not grant to Licensee any intellectual property rights in the Platform and/or Software.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INFORELIANCE AND ITS LICENSORS DISCLAIM ANY AND ALL OTHER PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT AND/OR QUIET ENJOYMENT, AND THE SOFTWARE, DOCUMENTATION, ANY OTHER INFORMATION OR MATERIALS OTHERWISE PROVIDED AND ANY RELATED SERVICES IS PROVIDED “AS IS” WITH NO OTHER WARRANTY PROVIDED. NO WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. NO WARRANTY IS PROVIDED THAT THE PLATFORM AND/OR SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE PLATFORM AND SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED.
IN NO EVENT SHALL INFORELIANCE AND/OR ITS LICENSORS BE LIABLE TO LICENSEE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF INFORELIANCE AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
INFORELIANCE AND ITS LICENSORS ASSUME NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO ANY COMPUTER OR OTHER DEVICE AS A RESULT OF USE OF THE PLATFORM AND/OR THE SOFTWARE.
IN NO EVENT WILL INFORELIANCE OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION, OR ANY PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, EVEN IF AN INFORELIANCE OR LICENSOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS.
For government licensees, the Platform and/or Software are “commercial items” within the meaning of the Federal Acquisition Regulations. It is InfoReliance's intent that this Agreement be in compliance with applicable federal laws and regulations with respect to gratuitous services. It is specifically understood that all platforms, software, documents, and services provided under this Agreement to a US Government department or agency are for the sole benefit and use of the US Government department or agency and are not provided to or for the benefit of any individual government employee for his or her personal use.