APDUE® TERMS OF SERVICE
ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING SERVICES PROVIDED BY TOOLBARSTUDIO INC., A COMMONWEALTH OF VIRGINIA COMPANY (HEREINAFTER REFERRED TO AS “APDUE”), THROUGH THIS WEBSITE. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH APDUE AND USE OF THE SERVICES PROVIDED THROUGH THE APDUE WEBSITE. APDUE HEREBY REQUESTS THAT YOU ASKED TO ACCEPT THESE TERMS OF SERVICE. YOU MAY USE THE SERVICES PROVIDED THROUGH THE APDUE WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THE SERVICES PROVIDED THROUGH THE WEBSITE AND THE APDUE APPLICATION INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THE APDUE APPLICATION, WEBSITE, OR SERVICES.
“Application” means a computer software program designed to assist an End User in performing singular or multiple related specific tasks on a mobile device, whether for entertainment, gaming, business, utility, information, or otherwise, which program has been developed by a User using the APDUE Services, whether or not such Application has been submitted to or published by any Application Store (defined below) to be available for downloading by End Users. The term “Application” shall include all related User Content (defined below) and source code used by the relevant User to create the Application.
“Application Store” means a digital distribution platform, whether via mobile application or online via a website that enables End Users to browse, review, and download (whether free or at a cost) mobile applications directly to a mobile device or to a personal computer or computing device and that supports mobile applications developed using platforms available on the APDUE Services.
“APDUE Services Content” means all software and mobile application development tools, other proprietary tools, editorial content, message, information, data, text, software, music, sound, artwork, graphics, images, user interfaces, icons, photographs, videos, answers, questions, scores, suggestions, hints, concepts, ideas, plans, orders, request or the like or any other material provided by or on behalf of APDUE on APDUE Website, as well as the computer programs used to generate the pages on the APDUE Website.
“End User” means any individual or entity that licenses the Application or any individual or entity that is granted or may be granted the right to use the Application by You and agrees to be bound by the terms of the license between You and End User containing, at a minimum, the terms set forth at www.Apdue.com/termsofeula.
“User Content” means any editorial content, message, information, data, text, software, music, sound, artwork, graphics, images, user interfaces, icons, photographs, videos, answers, questions, scores, suggestions, hints, concepts, ideas, plans, orders, request or the like or any other material that any user posts or transmits on the APDUE Website but expressly excludes all APDUE Services Content.
“You”, “Your” and “User” means all individuals and/or entities in whatever form accessing or using the APDUE Services for any reason.
Acceptance of Terms of Service
Types of License. These Terms of Service (the “Terms”, “ToS”, or “Terms of Service”) are a legally-binding agreement between You and APDUE (“APDUE”), regarding use of https://www.Apdue.com/ and other related websites owned and/or operated by APDUE and related services (together, the “Website”) as made available by APDUE and/or its authorized distributor(s). APDUE makes available the Website, including all content, information, graphics, documents, text, products, services and all other elements offered through the Website (collectively, the “Services”), available for Your use subject to the terms and conditions set forth in these Terms of Service. By accessing and using the APDUE Website and Services You agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.
If You do NOT agree to all the terms and conditions contained in these Terms, You should NOT use the Website or APDUE Services. If You do NOTagree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through the Website or Services, then You should NOT use the part of the Website or Services which contain such Content or through which such transactions are concluded. Also, when You use any current or future APDUE Services or visit the Website or obtain any products, applications or services therefrom, whether free of charge or for payment, You will be subject to the guidelines and conditions applicable to such products or services, and not those of APDUE.
Updates to Terms of Service. These Terms of Service may be amended by APDUE at any time upon notice provided by any of the following means: through a posting on the main page of the Website, at or after You login into Your User Account (as defined below), or by e-mail to the address You provided when You set up Your User Account. Your failure to provide or maintain accurate or current contact information in Your User Account will not obviate Your responsibility to comply with these Terms of Service as amended from time to time. Specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Website (the “Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms, or, where inconsistent with these Terms, only to the extent that the Content or intent of such specific terms is inconsistent with these Terms, such specific terms will supersede these Terms. Please check theses Terms regularly to ensure that You are aware of all terms governing Your use of the APDUE Website and Services.
APDUE reserves the right to make changes or updates with respect to the Website, or to the Content or the format thereof at any time without notice. APDUE also reserves the right to terminate or restrict access to the Website and its Services or any portion thereof for any reason whatsoever at its sole discretion.
You agree to use the Website and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. APDUE IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU, YOUR USERS, OR ANY OF YOUR AFFILIATES. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE APDUE WEBSITE AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, You agree and warrant that in using the Website and Services, Your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where You reside, or (2) the country, state, or locality where APDUE is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
You agree not to use or permit use of the Services, including by uploading, emailing, posting, publishing or otherwise transmitting any material, for any purpose that may (a) menace or harass any person or cause damage or injury to any person or property, (b) involve the publication of any material that is false, defamatory, harassing or obscene, (c) violate privacy rights or promote bigotry, racism, hatred or harm, (d) constitute unsolicited bulk e-mail, “junk mail”, “spam” or chain letters; (e) constitute an infringement of intellectual property or other proprietary rights, or (f) otherwise violate applicable laws, ordinances or regulations. In addition to any other rights afforded to APDUE under these Terms of Service, APDUE reserves the right to remove or disable access to any material that violates the foregoing restrictions. APDUE shall have no liability to You in the event that APDUE takes such action. You agree to defend and indemnify APDUE against any claim arising out of a violation of Your obligations under this section.
You agree not to access (or attempt to access) the Services by any means other than through the means provided by APDUE or its authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
You agree that You will not:
The rights granted to You under the agreement are also conditioned on the following:
You agree to make every reasonable effort to prevent unauthorized third parties from accessing the Services.
Tools and Statistical Data
APDUE may use tools, scripts, software, and utilities (collectively, the “tools”) to monitor and administer the Services and to help resolve Your APDUE service requests. The tools will not collect, report, or store any of Your data residing in the service production environment, except as necessary to troubleshoot service requests or other problems in the Services provided. Data collected by the tools (excluding production data) may also be used to assist in managing APDUE’s product and service portfolio and for license management. APDUE may compile statistical information related to the performance of the Services, and may make such information publicly available, provided that such information does not incorporate Your data and/or identify Your confidential information or include Your company’s name. APDUE retains all intellectual property rights in such information.
Third Party Materials and Linking to The Website
The Website and Services may include links to other websites and/or third-party products that are not under APDUE’s control (collectively, “Third Party Materials”). Third Party Materials that may be appropriate or necessary for use with some APDUE programs are specified in the program documentation, as applicable. Your right to use such Third Party Materials is governed by the terms of the Third Party Materials license agreement specified by APDUE and not under the Agreement. APDUE shall not be responsible in any way for such Third Party Materials. APDUE provides such links only for the convenience of the users of the Website and Services, and the inclusion of any link to any Third-Party Materials does not imply endorsement by APDUE of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in these Terms of Service shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials.
Linking to this Website is permitted provided that You comply with the following rules. You may link to the home page of this Website or to any other page of this Website. However, You are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that APDUE endorses or sponsors the linker or its website, products or services. You must not use APDUE’s intellectual property, including, but not limited to, trademarks, trade names, and copyrights without advance written permission from APDUE. Furthermore, You agree to remove the link at any time upon APDUE’s request.
The APDUE Website, in its entirety, (except for User Content), including the APDUE Website name and logo, and all other APDUE Services Content, site design, text, data, interfaces, product and service names, design marks, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, expression, structure, arrangement, coordination, enhancement and presentation of said elements, as well as the “look and feel” of the APDUE Website (including color combinations, layout, design and all other graphical elements), are the sole property of APDUE and/or its affiliates, licensors or other content suppliers and are protected by any and all U.S. and international copyright, service mark, and trademark treaties, laws, regulations, and rules and may not be copied, used or re-used for any purpose not expressly authorized in these Terms is strictly prohibited without APDUE’s prior written permission. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Material published by APDUE on the APDUE Website may contain other proprietary notices or describe products, services, processes or technologies owned by APDUE or third parties. Nothing in the Terms or through the use of the Service shall be construed as granting You a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of APDUE or any third party, except as expressly set forth and granted in the Terms. Unless otherwise specifically provided herein or authorized by APDUE in writing, all rights in the Website, Services, and Content not expressly granted herein are reserved. Except pursuant to the license granted herein or as otherwise set forth herein, You agree not to copy, republish, frame, or make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, APDUE, or Services, other than in conjunction with the Services offered by APDUE through the Websites. You agree also that all Software Services shall (i) retain all electronic prominent copyright notices referring to APDUE as originally placed, if and as applicable, by APDUE (e.g. “Copyright © 2018 ToolbarStudio Inc. All rights reserved”) and contain “Powered by APDUE” notice, and (ii) Licensee shall not mask, frame, overlay, impair or otherwise materially alter, affect or impair such notices and shall place copyright notices in its marketing of the APDUE Services.
APDUE hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. APDUE disclaims any proprietary interests in the intellectual property rights other than their own.
Limited License To User
You are granted a personal, non-exclusive, non-assignable, non-transferable, limited, royalty-free, revocable license to use the software and tools provided by APDUE as part of the APDUE Services for the sole purpose of enabling You to develop Applications to run across various mobile platforms supported by the APDUE Website and to be submitted by You, or by APDUE, as agreed to by the parties, to one or more Application Stores for publication, solely in the manner permitted by these Terms.
This license is not a sale of any of the respective intellectual property owner’s rights. The APDUE Services may be used only by You and You may not rent, lease, lend, sub-license, or transfer the APDUE Services or any data or APDUE. Content residing on it or any of Your rights under the Terms to anyone else, nor may You make the APDUE Services available to anyone else on a “service bureau” basis or in exchange for any compensation to You. Except as otherwise expressly provided herein or with APDUE’s prior express written consent, You may not modify, copy, distribute, transmit, broadcast, publish, upload, share, publicly display, “mirror,” perform, reproduce, use, publish, license, create derivative works from, make representations or warranties regarding, transfer or sell any APDUE Services Content or User Content contained in the APDUE Website in any other computer, server, web site, or other medium or for any commercial enterprise. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the APDUE Website. You may not transfer to or store any data residing or exchanged using the APDUE Services, including any Application, in any electronic network for use by more than one user unless You obtain prior written permission from APDUE. Please contact [email protected] to request any required permission.
User ownership rights
Except as provided in the following paragraph, APDUE acknowledges and agrees that it claims no ownership or control and it does not obtain any right, title or interest from You under these Terms in or to any User Content that You post, upload or submit to the APDUE Website or any Application that You create, submit, post, transmit or display on, or through, the APDUE Services, including any intellectual property rights which subsist in that Application and Your User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You retain copyright and any other rights You already hold in the Application and Your User Content, and You are responsible for protecting those rights, as appropriate. Unless You have agreed otherwise in writing with APDUE, You agree that You are responsible for protecting and enforcing those rights and that APDUE has no obligation to do so on Your behalf. If You create an Application to share with other users of the APDUE Services, You may determine with whom You share the Application and Your User Content and grant to such users a non-exclusive, worldwide, and perpetual license to perform, display, and use the Application and Your User Content, subject to the license granted to APDUE in the following section.
As part of our continuing mission to make all best efforts possible to try to ensure that APDUE users do not pay any fees for use of APDUE or third-party development licenses, APDUE may be required to utilize its developer accounts to attempt to submit and publish Your Application that You create through APDUE to Application Stores. APDUE further acknowledges and agrees that submitting or publishing of any APDUE users Application utilizing an APDUE developer account shall in no way grant APDUE any additional ownership, control, rights, title or interests to the User Content that You create and submit to APDUE.
Licenses and Rights granted to APDUE
By creating, posting or displaying the Application on or through the APDUE Services You grant, and agree to grant, a worldwide, royalty-free, non-exclusive, sublicensable (through multiple tiers), irrevocable, and transferable license, without additional payment or other consideration of any kind, or permission from or notification to You or any third party:
to APDUE, to use, reproduce, adapt, modify, translate, publish, perform, display, distribute, prepare derivative works of, and combine with other works, the Application and Your User Content for the purpose of enabling APDUE to provide the APDUE Services to You, including storing the Application and Your User Content on its servers;
to APDUE, to use, reproduce, adapt, modify, translate, publish, perform, display, distribute, prepare derivative works of, and combine with other works, the Application and Your User Content for the purpose of promoting and redistributing all or part of the APDUE Website in any media formats and through any media channels without restrictions of any kind;
to APDUE and each user of the APDUE Website to access Your User Content that is not password protected through the APDUE Website; and
to APDUE to use, in its sole discretion, the trade names, trademarks, service marks, logos, domain names and other distinctive brand features of Your Application in presentations, marketing materials, customer lists, financial reports and APDUE Website listings (including links to Your website, if any) for the purpose of advertising or publicizing Your use of the APDUE Services, subject to such reasonable quality controls or guidelines for such use as You may provide to APDUE in writing from time to time; and
In addition, You hereby grant to APDUE a worldwide, royalty-free, exclusive, irrevocable license, without additional payment or other consideration of any kind, or permission from or notification to You or any third party, to insert, display and publish into in any Application(s) that You create and elect to publish to any Application Store, third party or other advertising content selected by APDUE in its sole discretion.
You may sign up for a personalized account (“User Account”) with APDUE in order to access the full range of features offered by the Website and Services. In creating Your User Account, You agree to submit accurate, current and complete information about yourself and keep this information updated. APDUE reserves the right to suspend or terminate User Accounts which it suspects are used in contradiction to these Terms of Service and/or contain information that is untrue, inaccurate, not current or incomplete.
When You create Your User Account, You will choose a personal, non-transferable password. User Accounts may not be “shared” or used by more than one individual. After You accept these Terms of Service and Your User Account registration has been accepted by APDUE, Your User Account will be established. You are solely responsible for any and all activities that occur under Your User Account, whether or not such use was authorized by You.
You may also, as applicable and made available, access the Website, and Service by logging in using an authorized third party social network account, such as a Facebook or Twitter account. By doing so, You authorize APDUE to collect Your personal profile and activity information from that third party social network.
Please note that if You opt to use Your Facebook account to login to our Website and/or use our Services, APDUE may be able to access all of Your data in connection with Your Facebook account, including, without limitation Your friends list, pictures You posted or those posted of You on Facebook, businesses and stories You “liked,” places You visited, etc.
This information You provide is used for such purposes as allowing You to set up a User Account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content You see, and communicating with You about specials and new features. It is completely optional for You to engage in these activities and/or make any purchases from APDUE.
Currently, the APDUE Services are offered to registered users without any monetary consideration, in exchange for users’ agreement to allow APDUE to insert banner or other advertisements, of APDUE’s sole selection and at its sole discretion, in any Applications that are submitted on behalf such users to available online Application Stores.
APDUE does not control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for Your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It Your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that Your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe third parties’ proprietary rights. You are also responsible for any content that You post or transmit as well as all content posted or transmitted through or by use of Your User Account.
Content prohibited from the Website and Services include but is not limited to: (1) illegal content; (2) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, or pornographic content); (4) content that discloses another person’s personal, confidential, or proprietary information; (5) fraudulent content; (6) malicious content such as malware or spyware; and (7) content that offers, promotes, advertises or provides links to unsolicited products or services.
VIOLATION OF THE FOLLOWING TERMS (DETERMINED IN APDUE’S SOLE DISCRETION) WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT. WHILE APDUE PROHIBITS CERTAIN CONDUCT AND CONTENT ON THE APDUE WEBSITE, YOU UNDERSTAND AND AGREE THAT APDUE CANNOT BE RESPONSIBLE FOR CONTENT POSTED ON THE SERVICE THAT VIOLATES THESE PROHIBITIONS AND YOU NONETHELESS MAY BE EXPOSED TO SUCH CONTENT. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. BY USING THE APDUE WEBSITE YOU AGREE NOT TO AND SHALL BIND YOUR END USERS NOT TO:
“stalk”, harass, threaten, or defraud other users;
send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages to other users;
make unsolicited offers, advertisements or proposals; or send chain letters, unsolicited email, SMS, “spam” or other junk messages;
transmit any worms or viruses or any code of a destructive nature through the APDUE Websites or any Applications posted thereon;
impersonate another person or access another user’s account without permission;
share APDUE-issued passwords with a third party or encourage another user to do so;
misrepresent the source, identity, or content of information transmitted via the APDUE Website, for example, claiming a created work as Your own that is not yours;
use the APDUE Website for any illegal or unlawful purpose;
interfere with any security-related features of the APDUE Website or otherwise attempt to gain unauthorized access to the APDUE Website, or any part of them, other accounts, computer systems or networks connected to the APDUE Website, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the APDUE Website or any activities conducted on the APDUE Website;
intentionally interfere with the operation of the APDUE Website or any user’s enjoyment of it;
post inflammatory statements to get responses;
use the APDUE Website in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the APDUE Website.
Termination for Repeat Infringement or Other Material Violations
APDUE is committed to complying with existing intellectual property law. To that effect, if APDUE is notified by a copyright holder that a User has posted Content that infringes a copyright, APDUE will issue the User a written warning and require User to immediately take down the infringing content. APDUE will immediately terminate or suspend the User Account of any User who fails to comply with the take-down request. APDUE will additionally terminate or suspend any User Account that has been flagged for repeat (i.e., more than one time) copyright infringements, in accordance with the DMCA and other applicable laws. Notwithstanding the foregoing, APDUE reserves the right to, without prior notice and in its sole discretion, terminate a User Account for actions that it deems to be in material breach of these Terms of Service and/or a violation of applicable law. Upon termination or suspension of User Account, User’s right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of User’s access to and use of the APDUE Services shall not relieve User of any obligations arising or accruing prior to such termination or limit any liability which User may otherwise have to APDUE or to any third party. User shall implement a policy similar to policies stated in this paragraph with regard to the termination of the accounts of any End Users and cessation of End User’s use and the denial of access to the Application who repeatedly or egregiously breaches User’s licensing terms or violates applicable law.l
The term of these Terms of Service shall begin when You start using the Services and shall continue in perpetuity unless otherwise terminated by APDUE by written notice. APDUE expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate Your use of the Service at any time. Without prejudice to any other rights, the term of these Terms of Service will terminate automatically if You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of the term, You must immediately cease using the Website and the Services including without limitation any use of APDUE’ trademarks, trade names, copyrights and other intellectual property. UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICES IN ANY WAY.
Warranties and Disclaimers
ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” APDUE HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. APDUE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE, THE SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. APDUE DOES NOT WARRANT THAT THE WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY APDUE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by APDUE in writing, contractors, agents, dealers or distributors of APDUE or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
THE USE OF THE WEBSITE, OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. APDUE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APDUE OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
The Website and Services may contain references to specific APDUE products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
IN NO EVENT SHALL APDUE OR ANY OF ITS PARTNERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE, OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS, OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE AND SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, OR ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF APDUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST APDUE PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE AND SERVICES MUST BE COMMENCED AND NOTIFIED TO APDUE IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
LIMITATION OF LIABILITY. IN NO EVENT SHALL APDUE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED FIVE HUNDRED U.S. DOLLARS. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO APDUE IN CONNECTION WITH THE WEBSITE, APDUE, AND THE SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH APDUE; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THESE TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THESE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO END USERS OF THIS WEBSITE AND THAT IS NOT PROVIDED BY APDUE OR THE WEBSITE DO NOT: (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY; (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY; (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH; (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS; OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
Any and all products downloaded or purchased from this Website and Services may be subject to United States export controls. You or Your representatives agree that You and Your End Users are not nor will be at any time in the future (i) located in a country embargoed by the United States, (ii) the target of any sanctions program that is established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury (“OFAC”); (iii) designated by the President or OFAC pursuant to the Trading with the Enemy Act, 50 U.S.C. App. § 5, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56 or any Executive Order of the President issued pursuant to such statutes; or (iv) named on the following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons”; (v) or if the undersigned is an individual or a company that is on the U.S. Treasury Department’s list of Specially Designated Nationals (SDN) or (vi) on the United States Commerce Department’s Table of Deny Orders.
APDUE provides technical support for users. In order to receive technical support from APDUE, the user seeking such support must request such support by contacting APDUE at [email protected] or through the Website support portal. The User should describe the nature of the problem to be resolved as well as provide information about the User (name, address, etc). APDUE will make reasonable efforts to respond to such requests in a timely manner. The User shall cooperate with APDUE when seeking technical support services by providing information necessary to assist APDUE or requested by APDUE while diagnosing or resolving the issue. Although APDUE cannot guarantee that a technical support issue will be resolved, APDUE will make reasonable efforts to perform technical support services in a professional manner.
Notice and Procedure for Making Claims of Copyright and Trademark Infringement
DMCA. It is APDUE’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act (“DMCA”).” If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide APDUE’s Copyright Agent with the written information specified below. (Please note that this procedure is exclusively for notifying APDUE and its affiliates that Your copyrighted material has been infringed.)
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to APDUE’s customer service through [email protected]. You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid.
Counter-Notice. If You believe that Your Content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in Your Content, You may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, APDUE may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at APDUE’s sole discretion.
Trademark Infringement Notice. APDUE recognizes the importance of trademarks and takes allegations of trademark infringement very seriously. If You are the trademark owner (or the authorized representative of the owner), You can report a claim of trademark infringement to us at[email protected]. While we do not adjudicate disputes between parties in connection with trademark infringement or any other matter, we will make good faith effort to address Your concerns, including (in some instances) removing the infringing content or disabling access to the infringing content. However, in order to be assured that the claimed content is indeed infringing, we may require proof from You, such as, for example a trademark registration or a court order finding trademark infringement. Some services or products on the Website are created and operated by third party developers or service providers. As such, APDUE does not have the ability to control the content made available through these applications or services. If You believe Your trademark has been infringed by a third-party service provider and not APDUE, we suggesting contacting the third party directly with Your concerns.
You hereby agree to indemnify and hold harmless APDUE, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of Your breach of these Terms of Service.
If the Website and Services are not available for any period or any time, APDUE shall not be liable. APDUE gives no warranties as to the accessibility, performance, or availability of the Website or Services. Temporary suspension of access to the Website and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. APDUE reserves the right to suspend the operation of the Website or Services. You agree that neither APDUE nor its third-party providers will be liable to You in any way for the termination, suspension, interruption, delay of any of the services and products on this Website.
Ending Your Relationship with APDUE
These Terms of Service will continue to apply until terminated by either You or APDUE as set out in these Terms. If You want to terminate Your legal agreement with APDUE, You may do so by: (a) notifying APDUE at any time and (b) closing Your accounts for all of the Services which You use. Your notice should be sent to [email protected]. APDUE reserves the right to terminate its legal agreement with You at its sole discretion.
APDUE may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without Your consent. You, however, may not assign or delegate any rights or obligations under these Terms without APDUE prior written consent, and any unauthorized assignment and delegation by You shall be void and ineffective.
Agreement to Deal Electronically
All transactions with or through the Website or Services may, at APDUE’s option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
Injunctive Relief. You acknowledge and agree that any violation or breach of these Terms of Service may cause APDUE immediate and irreparable harm and damages. As a result, APDUE has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to APDUE in law or in equity, APDUE may seek specific performance of any term in these Terms of Service.
Force Majeure. APDUE will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of APDUE.
Severability. These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You agree to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for any claim or cause of action arising out of, or relating to or in connection with these Terms or the Website or Services, provided that such exclusivity does not apply to legal actions initiated or brought by APDUE.
APDUE does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any country. Those who access the Website or Services do so at their own initiative and are responsible for compliance with their national laws.
Copyright © 2018 ToolbarStudio Inc. All rights reserved. The Website and Services and accompanying products and documentation are the copyrighted property of ToolbarStudio Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties. APDUE® and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of ToolbarStudio Inc. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the ToolbarStudio Inc. or third-party trademarks or logos without the prior written consent of ToolbarStudio Inc. or the applicable trademark owner is strictly prohibited.
TERMS OF END USER LICENSE AGREEMENT (to be included in the EULA between the App Developer and the End User)
For the purposes of the EULA, the “Apdue Product” shall mean the Internet website located at http://www.Apdue.com/, software tools, software development kit (SDK), and other related materials, products, and services maintained by or on behalf of ToolbarStudio, Inc., a Virginia corporation (“Apdue”) and which was made available to the licensor hereunder (the “Company”) and which served as the basis for the Company’s application (the “App”) and which is made available to the end user hereunder (“End User” or “You”).
End User Content.
All Content added, uploaded, submitted, distributed, posted to, or created using the App by End Users (collectively “End User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such End User Content. You represent that all End User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Without limiting the generality of the foregoing, you represent that any End User Content you create using tools accessible on the App does not infringe upon the intellectual property rights of any third party and is otherwise in compliance with all applicable laws, rules and regulations. You acknowledge that all content, including End User Content, accessed by you using the App is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any content you access on or through the App is or will continue to be accurate. You are solely responsible for your interaction with other users of the App. You agree that Apdue is not responsible or liable for the conduct of any End User. Apdue reserves the right, but has no obligation, to monitor or become involved in disputes between you and other End Users.
Proprietary Rights and Non-Disclosure.
Ownership Rights. You agree that the Apdue Product and the authorship, systems, ideas, methods of operation, documentation and other information contained in the Apdue Product, are proprietary intellectual properties and/or the valuable trade secrets of Apdue or its suppliers and/or Apdue’s and are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the United States, other countries and international treaties. Apdue and/or its suppliers own and retain all right, title, and interest in and to the Apdue Product, including without limitations any error corrections, enhancements or other modifications to the Product, whether made by Apdue or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or use of the Apdue Product and the App does not transfer to you any title to the intellectual property in the Apdue Product and the App, and you will not acquire any rights to the Apdue Product and the App except as expressly set forth in this EULA. All copies of the Apdue Product and the App made hereunder must contain the same proprietary notices that appear on and in the Product. Except as stated herein, this EULA does not grant you any intellectual property rights in the Apdue Product and the App and you acknowledge that the license, as granted under this EULA only provides you with a right of limited use under the terms and conditions of this EULA.
Source Code. You acknowledge that the source code for the Apdue Product is proprietary to Apdue and constitutes trade secret of Apdue. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Apdue Product in any way.
No Modification. Other than modifying End User Content as provided herein, you agree not to modify or alter the Apdue Product in any way. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Apdue Product or hinder, limit, or block any of the services by Apdue provided through the App.
Prohibited UsesYou agree that you will not:
Information Relating to Children. The Children’s Online Privacy Protection Act (“COPPA”) was passed by the U.S. Congress in November 1998. COPPA provides parents with specific rights regarding their children’s privacy. For additional information and resources on COPPA, please visit the Federal Trade Commission Web site at http://www.ftc.gov/. The Apdue Product is not directed at children under 13 years of age and, therefore, COPPA does not apply. However, we recognize that children under the age of 13 may access the Apdue Product. The collection of information from such users is covered above. Parents and legal Guardians may request us to review, delete, or stop the collection of the personally identifiable information of their child. You may do so by contacting Apdue and/or the Company.
OFAC. You or your representatives agree that You are not nor will be at any time in the future (i) located in a country embargoed by the United States, (ii) the target of any sanctions program that is established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury (“OFAC”); (iii) designated by the President or OFAC pursuant to the Trading with the Enemy Act, 50 U.S.C. App. § 5, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56 or any Executive Order of the President issued pursuant to such statutes; or (iv) named on the following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons”; (v) or if the undersigned is an individual or a company that is on the U.S. Treasury Department’s list of Specially Designated Nationals (SDN) or (vi) on the United States Commerce Department’s Table of Deny Orders.
You agree to use the Apdue Product and the App or any services provided hereunder only for purposes permitted by this EULA and applicable terms of service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. APDUE IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF APDUE PRODUCT AND ANY SERVICES PROVIDED HEREUNDER DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Apdue Product and the App, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where Apdue is located or operates.
You acknowledge and agree that Apdue may collect, analyze and receive anonymous information about your computer, Apdue Product and the App you used or searched for, websites you visited, and pages viewed to facilitate your use of the App and related services.
Prohibitions. Except as otherwise specifically provided for in this EULA, you may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or otherwise reduce any party of the Apdue Product to human readable form or transfer the licensed Apdue Product, or any subset of the licensed Apdue Product, nor permit any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon the Apdue Product in whole or in part. Neither Apdue Product’s binary code nor source may be used or reverse engineered to re-create the program algorithm, which is proprietary, without written permission of Apdue. All rights not expressly granted here are reserved by Apdue and/or its suppliers, as applicable.
Proprietary Notices and Copies. You may not remove any proprietary notices or labels on the App.
No Transfer of Rights. Except as otherwise specifically provided herein, you may not transfer or assign any of the rights granted to you under this EULA or any of your obligations pursuant hereto.
Compliance with Law. You agree that in operating the App and in using any report or information derived as a result of operating the App, you will comply with all applicable international, national, state, regional and local laws and regulations, including, without limitation, privacy, copyright, export control and obscenity law.
Indemnification. You agree to indemnify, defend and hold harmless Apdue and its respective officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages and claims, and all related expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties) and costs related to, arising from, or in connection with any third-party claim related to, arising from, or in connection with the actual or alleged: (i) infringement by End User of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy, (ii) personal injury (including death) or property damage due to the gross negligence or intentional misconduct of End User, and/or (iii) breach by End User of any of its representations, warranties, obligations, and/or covenants set forth herein.
Additional Protection Measures. Solely for the purpose of preventing unlicensed use of the Apdue Product, the Apdue Product may install on your computer technological measures that are designed to prevent unlicensed use, and Apdue may use this technology to confirm that you have a licensed copy of the Apdue Product.
NO WARRANTY AND DISCLAIMER.
NO IMPLIED OR OTHER WARRANTIES. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE PRODUCT IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY WHATSOEVER AND APDUE MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, REGARDING OR RELATING TO THE APDUE PRODUCT OR CONTENT THEREIN OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO YOU PURSUANT TO THIS EULA OR OTHERWISE. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE APDUE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE APDUE PRODUCT. APDUE MAKES NO WARRANTY THAT THE APDUE PRODUCT WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APDUE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT AND THE ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PRODUCT MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS AND OMISSIONS OF THIRD PARTIES. THEREFORE, APDUE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. APDUE DISCLAIMS ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANY COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED TO ANY FAILURE BY APDUE TO TRANSMIT ACCURATE OR COMPLETE INFORMATION TO YOU.
LIMITED LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE APDUE PRODUCT AND THE INFORMATION CONTAINED IN OR COMPILED BY THE APDUE PRODUCT, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APDUE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE APDUE PRODUCT, OR THE INCOMPATIBILITY OF THE APDUE PRODUCT WITH ANY HARDWARE, SOFTWARE OR USAGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL APDUE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR THE APDUE PRODUCT. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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