Buzzdock Terms of Service
By using Buzzdock, you agree to the terms and conditions below which govern your use of the software. By using the Buzzdock plugin software (or any portion thereof), you acknowledge that that you have read this license agreement, understand these terms and conditions, and accept and agree to be bound by the terms and conditions of this license agreement.
If you are entering into this agreement on behalf of a company, corporation or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity.
If you do not agree to, and do not wish to be bound by, the terms and conditions of this license agreement, do not use the Buzzdock software on your computer. If you are not willing to be bound by all the terms and conditions of this license agreement, click the "decline" button (instead of the accept button) when prompted during the Yontoo Layers software installation process and the install process will not continue. You agree that this is a non-exclusive, binding end-user license agreement that is enforceable like any written negotiated agreement signed by you. You further agree that this document is the complete and exclusive statement of the License Agreement between Buzzdock and you with respect to Buzzdock’s software and supersedes any proposal or prior agreement, both oral or written, and any other communications between you and Buzzdock or any affiliate or representative of Buzzdock relating to the subject matter of this agreement. You further agree that if Buzzdock Inc., is required to engage in any proceeding, legal or otherwise, to enforce its rights under this License Agreement Buzzdock Inc. shall be entitled to recover from you or the entity on whose behalf you act, in addition to any other sums due, reasonable attorney fees, costs and disbursements.
IMPORTANT NOTE: The Buzzdock software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your rights to copy any material, you should contact your legal advisor.
1. General. The Software (as defined below) is licensed, and not sold, to you by Buzzdock for Use only under and in accordance with the terms and conditions of this License Agreement, and Buzzdock reserves all rights not expressly granted to you. The rights granted herein are limited to Buzzdock’s and its licensor's (or licensors) intellectual property rights in the Software as licensed hereunder and do not include any other patents or intellectual property rights. You own or control the media on which the Software is recorded or stored but Buzzdock and/or Buzzdock's licensor(s) retain ownership of the Software itself. The terms of this License Agreement will govern any software upgrades or updates provided by Buzzdock that replace and/or supplement the original Software product, unless such upgrade or update is accompanied by a separate end-user license, in which case the terms of that license will govern the Use of such upgrade or update (and all other Software if that license specifically so provides). Title and intellectual property rights in and to any search result content or other content displayed by or accessed through the Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This license does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.
2. Definitions. As used herein, the term "Software" means (i) the Buzzdock software application running on the Yontoo Layers plugin software and the installer software, and all other related software and computer program(s) with which this License Agreement is provided, (ii) related explanatory written or electronic documentation, user or operating instructions or materials or files (collectively "Documentation"); (iii) fonts; and (iv) upgrades, modified versions, updates, additions, and copies of the foregoing Software under (i) through (iii), if any, licensed to you by Buzzdock. As used herein "Use" or "Using" means to access, install, copy or otherwise use or benefit from using the functionality of the Software.
3. License Grant. Buzzdock grants to you, and you accept, a limited, nonexclusive, revocable license to Use the Software. Buzzdock reserves all rights not expressly granted herein. You agree to use the Software only as authorized in this License Agreement. This License Agreement does not convey to you any ownership rights or any other interest in the Software. The Buzzdock Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
4. Internet Experience. You acknowledge and agree that by Using the Buzzdock Software, additional search result content may be displayed together with the search results or search result content returned by certain Internet search engines when submitting your search query to such Internet search engines. In addition, the Buzzdock Software may modify the layout and order of presentation of such search results and may replace a search result returned by such Internet search engines with the same or substantially the same search result content displayed by the Buzzdock Software. You also acknowledge and agree that by using the Buzzdock Software, additional content may be displayed to you on a web page that you visist. Buzzdock may modify the layout of the web page to accommodate this additional content.
5. Ownership. You acknowledge and agree that Buzzdock is the exclusive owner of all right, title, and interest, including copyright, in and to all Software, whether in object code or source code, including all Documentation and all related contents. The Software and any authorized copies that you make are the intellectual property of and are owned by Buzzdock and its licensors. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Buzzdock and its licensors. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Buzzdock and its licensors. Ownership of the Software and all proprietary rights relating thereto remain with Buzzdock and its licensors.
6. Restrictions on Use and Transfer.
a. Except as and only to the extent expressly permitted by this License Agreement or by applicable law, you may not make or attempt to make any changes or modifications to the Software or any copy of the Software or create or attempt to any derivative works based on the Software or remove or alter any copyright notices on all copies of the Software. Except as and only to the extent expressly permitted by this License Agreement or by applicable law, you may not customize or extend the functionality of the installer for the Buzzdock Software and you may not create a new installer for the Software.
b. You may not, and may not attempt to, translate, decompile or otherwise reverse engineer, decompile, disassemble discover the source code of, or disassemble the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Buzzdock to provide the information necessary to achieve such operability and Buzzdock has not made such information available. Buzzdock has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by Buzzdock and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the Buzzdock Customer Support Department.
c. You agree to use all reasonable efforts to protect the Software from unauthorized use, transfer, modification, reproduction, distribution or publication. You must comply with all applicable laws regarding use of the Software.
7. Consent to Use of Data; Privacy Policy. You acknowledge and agree to our Buzzdock Privacy Policy, which is accessible by clicking here (http://www.Buzzdock.com/privacy) or from our web site at http://www.Buzzdock.com. In addition, you agree that Buzzdock and its affiliates may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates and upgrades, product support and other services to you (if any) related to the Software, and to verify compliance with the terms of this License Agreement. Buzzdock may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
8. Disclaimer of Warranty.
a. To the maximum extent permitted by applicable law, the software and any services performed or provided by the software are provided as is with all faults and without any warranty of any kind, whether express or implied. Buzzdock and its licensors specifically disclaim all warranties, express or implied or statutory, including without limitation implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, of title and of non-infringement of third party rights, with respect to the software, including all the computer programs, source code contained therein, and any such services. Buzzdock and its licensors do not warrant that the functions contained in the software or services will meet your requirements, applications, uses or particular purposes, or that the operation of the software or performance of any services will be uninterrupted or error free. Buzzdock and its licensors do not warrant against interference with your enjoyment of the software, that the functions contained in, or services performed or provided by, the software will meet your requirements, that the software or services will be compatible with third party software, or that defects in the software or services will be corrected. No oral or written information or advice given by Buzzdock or a Buzzdock authorized representative shall create a warranty. Should the software or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. You expressly acknowledge and agree that use of the software and services is at your sole risk and that the entire risk as to satisfactory quality, performance. Accuracy and effort is with you.
b. Buzzdock does not warrant any physical media, on which the software may be delivered or stored. Buzzdock specifically disclaims all warranties, express or implied, including without limitation implied warranties of implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, of title and of non-infringement of third party rights, with respect to such physical media.
c. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you. In that case, Buzzdock and its licensors disclaim all implied warranties to the maximum extent permissible by applicable law.
d. No dealer, distributor, agent or employee of Buzzdock is authorized to give any warranties or to make any modification of the warranty disclaimer to modify or add to the exclusions set forth above and below.
e. The Software automatically references, displays, links to, and provides web services related to, third party websites and information located worldwide throughout the Internet. Your access to and use of any third party websites, including any goods, services or information made available from such websites, is governed by the terms and conditions found at each third party website, if any. Third party websites are not owned or operated by Buzzdock. Your use of third party websites is at your own risk. Buzzdock makes no warranties, conditions, indemnities, representations or terms, express or implied, whether by statute, common law, custom, usage or otherwise as to any other matters, including but not limited to non-infringement of third party rights, title, integration, accuracy, security, availability, satisfactory quality, merchantability or fitness for any particular purpose with respect to the third party websites. Buzzdock does not give any warranties and makes no guarantees as to such websites and information, including but not limited to: (a) the accuracy, availability, sequence, completeness, currency, content, validity or quality of any such websites and information, or (b) the nature and suitability of any content displayed by the Buzzdock Software, such that a search completed through the Buzzdock Software may locate and display unintended or objectionable content or content that does not meet your expectations or requirements. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search using the Buzzdock Software may automatically and unintentionally generate links or references to objectionable material or display objectionable content. By using the Buzzdock Software. you acknowledge and agree that Buzzdock and its licensors make no representations and give no warranties or guarantees with regard to any websites, content or information displayed by or accessed through the Buzzdock Software, or any web services performed by the Buzzdock Software in relation to such websites, content or information. Buzzdock, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content that you receive or that is displayed to you using the Buzzdock Software or for any inaccuracies, errors in or omissions from such content. Financial information displayed by the Buzzdock Software is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Buzzdock Software, you should consult with a financial professional. Neither Buzzdock nor any of its content providers guarantees the accuracy, completeness, or timeliness of stock information displayed by or as a result of using the Buzzdock Software.
9. Exclusion of Certain Damages.
a. To the maximum extent permissible by applicable law, in no event shall Buzzdock or their respective licensors be liable for any personal injury or consequential, indirect, special, incidental, punitive or other damages whatsoever, including without limitation damages for loss of future or anticipated profits, loss of goodwill, loss of revenue, loss of business opportunity, business interruption, loss of business information, loss of data, or any other pecuniary loss or commercial damages or losses, and including under any claim of negligence, strict liability, design defect, or any other theory (contract, tort or otherwise), arising out of or related to any defect in the software or your use of or inability to use the software or services related thereto or arising from this license agreement or from the licensing of the software by Buzzdock or the provision of any services through operation of the software, however caused, even if Buzzdock and/or its licensors have been advised by you of the possibility of such damages.
b. In no event shall the liability of Buzzdock or its licensors to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed US$50.00. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
c. Because some jurisdictions do not allow the exclusion or limitation of liability for personal injury or of consequential or incidental damages, the above limitation or exclusion may not apply to you.
10. Trademarks. Buzzdock and the Buzzdock logo are either registered trademarks or trademarks of Buzzdock in the United States and/or other countries. Other brands and products are trademarks of their respective holder(s). You may not remove or modify these trademarks of Buzzdock, including as displayed by the Software.
11. U.S. Government Restricted Rights. The Software and Documentation are Commercial Items, as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation, as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
12. Governing Law. Since Buzzdock distributes the Software internationally, compliance with varying laws is not feasible. Unless otherwise restricted by law, you agree that this License Agreement shall be construed, interpreted and governed by the laws of the State of California, the principal place of business of Buzzdock, as applied to agreements entered into and to be performed entirely within California between California residents and without regard to the laws governing conflicts of law. The substantive laws of the State of California shall therefore control all aspects of this License Agreement, including without limitation the scope of the warranty disclaimers, the exclusions and limitations on remedies and liability, and the applicable limitations period. This license shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any version of the Uniform Computer Information Transactions Act (UCITA) is or becomes a part of the law of the State of California, said statute shall not govern any aspect of this License Agreement, and instead the law as it existed prior to the enactment of that statute will govern.
13. Limitation Period. Any action or lawsuit for breach of any of the terms and conditions of this License Agreement, and any claim for breach of warranty, must be commenced within six (6) months following initial use of the Software and all actions and lawsuits will be barred after this period.
14. Entire Agreement; Amendments; Waiver; Severability. This License Agreement constitutes the entire understanding of the parties with respect to all matters covered herein and revokes and supersedes all prior agreements, representations, discussions, undertakings, communications or advertising relating to the Software, whether oral or written. Buzzdock may modify or amend this license agreement at any time. we will make reasonable attempts to notify you of any such change through Buzzdock.com and through a pop-up or other alert available via the plugin software. Your continued use of the software will constitute your consent to the modified terms. This License Agreement shall take precedence over any other documents that may be in conflict herewith. If any one or more provisions contained in this License Agreement are held by any court or tribunal to be invalid, illegal, or otherwise unenforceable, each and every other provision shall remain in full force and effect. No waiver of any right under this License Agreement shall be effective unless in writing and signed by both parties. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this License Agreement. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this license shall continue in full force and effect.
15. Attorney Fees. If any action is brought by either party against the other regarding any subject matter of this License Agreement, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
If you have any questions concerning this License Agreement, please contact Buzzdock Inc., at E-mail: info@Buzzdock.com, Internet: http://www.buzzdock.com.
