Table of Contents
2. License Grant
4. Proprietary Rights
5. Disclaimer of Warranty, Limitation of Liability, and Disclaimer of Accuracy
6. Legal Compliance
11. Acknowledgment of Agreement
NOTICE: Annapolis Carriage, LLC. selectively collects voluntarily submitted personal information for internal purposes only. To learn more about what is collected and and how it is used, please read the following document. Be advised that if you are reading a printed physical copy of this document, it may no longer be valid. This agreement & policy is subject to updates and revisions at any time and without notice.
The lastest version of this document may be accessed via the internet at http://www.AnnapolisCarriage.com/eula.html (this page).
(a) "Annapolis Carriage" shall refer to Annapolis Carriage, LLC., and its licensees, agents, assets, and interests;
(c) "You" and/or "Your" shall mean the individual, company or a legal entity exercising use of or actions associated with this Agreement;
(d) "Product" shall mean the combination of Annapolis Carriage, LLC. technology, which may include Annapolis Carriage, LLC. distributed computer software applications with it's associated media and Annapolis Carriage, LLC. owned and operated website/s with associated media and deployed web applications to include but not be limited to: information, graphics, design, concept, intellectual property, printed materials, online or electronic documentation, and/or anything else plainly associated with Annapolis Carriage, LLC. and the underlying products and all other outlets of information, design and concept in which the License is incorporated;
(e) "Demographic" and/or "Demographic Information" shall mean any information that is not Personally Identifiable Information, and shall include, but is not limited to Your browser type, operating system, and browser associated plug-ins and software;
(f) "Personally Identifiable Information" shall mean any information that identifies You to others, and shall include, but shall not be limited to Your interest pertaining to the Product (defined above), Internet protocol (IP) address, name, home/company or other physical address including street name and name of city or town, e-mail address, home and/or cell/mobile and/or fax number.
2. License Grant.
Subject to the terms of this Agreement, Annapolis Carriage hereby grants You a non-exclusive and non-transferable license to reproduce and use for Your personal or internal purposes the Product, provided that any and all copies made must contain all of the original and unmodified content including, but not limited to, proprietary notices as well as this License Agreement and must always be kept in original context and with reference of location or source from which it came. This Agreement DOES NOT grant the right, expressed or implied, to reproduce or redistribute the Product for any reason other than Your reference and DOES NOT give permission to violate local, federal, or international reproduction, distribution, and/or copyright laws and treaties.
You acknowledge and agree that You shall not (a) modify or create any derivative works of the Product; (b) attempt to disable the Product by any means or in any manner; (c) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (except to the extent applicable laws specifically prohibit such restriction); (d) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer or disclose the Product to any third-party; or (e) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product except those specifically designed for use in that way, such as links and ads freely distributed for the purpose of being displayed from Your website or product.
4. Proprietary Rights.
You acknowledge and agree that Annapolis Carriage owns all title, ownership rights, and intellectual property rights for the Product. You agree that you shall take no action that might jeopardize, limit, or interfere in any way with Annapolis Carriage's ownership or other rights regarding the Product. You acknowledge that the Product is protected by copyright and other intellectual property laws, and by international treaties. You further acknowledge and agree that the remaining portions of the Product are the property of their respective owners and may also be protected by applicable copyright, other intellectual property law, and international treaties.
5. Disclaimer of Warranty, Limitation of Liability, and Disclaimer of Accuracy.
The Product is provided on an "as is" basis. Annapolis Carriage does not warrant that operation of the Product will be uninterrupted, error-free or virus-free, or that any defect in the Product will be corrected. Annapolis Carriage expressely disclaims any and all warranties expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and non-infringement. This disclaimer of warranty constitutes an essential part of the license, and no use of the product is authorized hereunder except under this disclaimer. To the maximum extent permitted by applicable law, you agree that in no event shall Annapolis Carriage be liable for any direct, indirect, special, incidental or consequential damages arising out of or in connection with this Product, even if Annapolis Carriage has been advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. Annapolis Carriage specifically disclaims any and all statements of or implications as to the accuracy of information provided in the License or Product, and for accuracy in the reproduction of information pertaining to Annapolis Carriage, it's associated products, and also of those companies and customers which (of their own verbal or written agreement) are linked to or are referred to by Annapolis Carriage.
6. Legal Compliance.
You agree that You shall fully comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the License and the Product.
You agree to indemnify and hold Annapolis Carriage, its successors, assigns, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your failure to comply with this Agreement or your violation of any law or the rights of any third-party.
This Agreement shall be effective unless and until terminated by Annapolis Carriage. You acknowledge and agree that Annapolis Carriage may, without prejudice to any other rights under this Agreement or applicable law, terminate this granted License Agreement at any time with or without notice to You and whether or not You adhere to or fail to comply with any of the terms and conditions of this Agreement. Upon termination of this Agreement, all rights granted to You in this Agreement shall immediately cease.
Annapolis Carriage will NOT sell, forward or otherwise voluntarily or knowingly disclose your Personally Identifiable Information collected by or otherwise submitted to the Product unless compelled by law or court order to do so. However, You hereby expressly acknowledge and agree that Demographic and Personally Identifiable Information collected by the Product may be used in and by Annapolis Carriage for internal purposes. You also acknowledge and agree that the Product may generate pop-up dialogue boxes requesting you to voluntarily provide certain Personally Identifiable Information, and requesting you to provide certain Demographic Information during registration, before, after and/or during the use of the Product, and/or from time to time thereafter while the product is active, in use and/or installed. You further acknowledge and agree that as long as you access and/or use the Product it may operate unobtrusively in the background; delivering additional requested software, updates, collecting and/or transmitting information related to the display of advertising related to Annapolis Carriage and/or any voluntarily submitted Demographic and/or Personally Identifiable Information about you to Annapolis Carriage's servers.
NOTICE: If, at any time, You decide that You prefer to discontinue disclosing your Personally Identifiable and/or Demographic Information, You may: (a) perform a complete uninstallation of Annapolis Carriage's product and any and all literature developed by Annapolis Carriage, (b) not continue to use this or any Product or literature that incorporates the License, and/or (c) notify Annapolis Carriage in writing either through conventional mail or by e-mail (accessible at AnnapolisCarriage.com).
(a) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement. If no such modification is possible, other provisions of this Agreement shall remain in full force and effect. (b) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any single or multiple instances, shall not waive such term or condition or any subsequent breach thereof. (c) The provisions of this Agreement that require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. (d) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Your assets to another entity. (e) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay), or interruption of service resulting directly or indirectly from any cause beyond its reasonable control, and (f) If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.
11. Acknowledgment of Agreement.
You attest that You are of legal age to decide to accept this License and understand the terms, conditions and restrictions contained herein and You acknowledge that by continuing use of the Product in any way You are deliberately accepting this Agreement or must otherwise deliberately decline to accept this License, and thereby conform to the conditions provided in the License for so doing, specifically that You retain no legal rights to continue using the Product in any way and must refrain immediately.