End User License Agreement
This Agreement ("Agreement") is a legal and binding agreement between users ("you") and CoolwareMax ("we", "us" "our") regarding the use of the Face Off Max Software ("Software") and Face Off Max Website ("Website"). Please read these terms carefully before you install and use the Face Off Max Software and visit the Website. If you do not agree to any of these terms, please stop installing the Face Off Max Software or visiting the Website. Your using of the Face Off Max Software and the Website indicates that you have read, understand and agreed to all these terms. From then on, your behaviors concerning the Face Off Max Software and Website will be bound by the terms and conditions.
CoolwareMax grants you a non-exclusive license to use the Face Off Max Software, and any associated documentation, as indicated herein. If you have purchased the Face Off Max Software, make sure that it can be installed and used, for internal use only, on a single computer. The Face Off Max Software is in "use" on a single computer when it has been loaded into temporary memory (i.e. RAM) or installed into permanent memory (hard disk or other device) of that computer.
You MAY: (a) redistribute compiled Icon Libraries for commercial purpose; (b) make a copy of the Face Off Max Software for archival purpose only; (c) install the Face Off Max Software on another computer only if you change of workstation. In such a case you must uninstall the Face Off Max Software from the previous workstation.
Users acknowledge and agree that the operation of the Face Off Max Software may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors. CoolwareMax shall not be responsible to users or others for any such interruptions, errors or problems or an outright discontinuance.
Users acknowledge and agree that all Content available in the Face Off Max Software and on the Website is protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. Except as expressly authorized by CoolwareMax, users agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or Content available in the Face Off Max Software and on the Website, or otherwise use any Content, copyrights, trademarks or intellectual property of CoolwareMax in any way without CoolwareMax's prior written consent. Users also agree not to retrieve data or other Content or any materials from the Face Off Max Software and the Website to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise.
GENERAL USE OF THE FACE OFF MAX SOFTWARE: PERMISSIONS AND RESTRICTIONS
A. You agree not to violate any applicable law or regulation.
B. You agree not to provide false or inaccurate personal information.
C. You agree not to use the Face Off Max Software, for any commercial use, without the prior written authorization of CoolwareMax. Prohibited commercial uses include any of the following actions taken without CoolwareMax expressing approval:
* sublicense, lease, rent, or transfer the Face Off Max Software to another.
* use of the Face Off Max Software or its related services that CoolwareMax finds, in its sole discretion, to use CoolwareMax's resources with the effect of competing with or displacing the market for CoolwareMax.
D. You agree not to copy and distribute the Face Off Max Software or any portion of it.
E. You agree not to cause or permit reverse engineering, disassembly, decompilation or alteration of the Face Off Max Software.
F. You agree not to remove any product identification, copyright notices, or other notices or proprietary restrictions from the Face Off Max Software.
G. You agree not to copy the documentation accompanying the Face Off Max Software.
H. You agree not to interfere with or damage the Face Off Max Software and services, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
USE OF THE CONTENT OF THE FACE OFF MAX SOFTWARE
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Face Off Max Software.
A. All the Content in the Face Off Max Software is owned by or licensed to CoolwareMax, subject to copyright and other intellectual property rights under the law. The Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. CoolwareMax reserves all rights not expressly granted in and to the Face Off Max Software Content.
B. You agree not to circumvent, disable or otherwise interfere with security-related features that prevent or restrict use or copying of any Face Off Max Content or enforce limitations on use of the Face Off Max Software therein.
The Face Off Max Software and the Website may contain Content from third parties ("Third Party Content"), either via the CoolwareMax Services or through links to third party websites. CoolwareMax does not control Third Party Content and makes no representations or warranties about it. Users understand that by using the Service, he/she may be exposed to Third Party Content that is false, offensive, indecent or otherwise objectionable. Under no circumstances will we be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via the Face Off Max Services. Users agree to bear all risks associated with using or relying upon Third Party Content, including without limitation, profiles of other users of the Face Off Max Services.
Users agree to defend, indemnify, reimburse and hold CoolwareMax and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:
A. Users' use of the Face Off Max Software and the Website;
B. Face Off Max's use of the User Materials;
C. Any breach or alleged breach of Users' representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions.
D. Users' violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of User Materials as contemplated hereunder.
Your account will be considered delinquent if your credit card company or bank refuses for any reason to pay the amount billed to it. You agree to pay the Face Off Max Software all reasonable attorneys fees and collection agency costs incurred by the Face Off Max Software to collect any past due amounts.
You agree that CoolwareMax, in its sole discretion, may terminate your access to the Face Off Max Software and the Website for any reason, including without limitation, if CoolwareMax believes that you have violated or acted inconsistently with the Agreement. You agree that any termination of your access to the Face Off Max Software and Website under any provision of this Agreement may be effected without prior notice.
CoolwareMax attaches great importance to the issue of copyright and would like to respond immediately to infringement actions. For detailed information, please go to the page of Legal Notes of Face Off Max website.
DISCLAIMER OF WARRANTIES
THE FACE OFF MAX SOFTWARE, WEBSITE AND CONTENT ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. COOLWAREMAX, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE FACE OFF MAX SOFTWARE, WEBSITE AND CONTENT ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE FACE OFF MAX SOFTWARE, WEBSITE AND CONTENT ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOUR USE OF THE FACE OFF MAX SOFTWARE IS SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COOLWAREMAX, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "COOLWAREMAX GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE FACE OFF MAX SOFTWARE, WEBSITE AND CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COOLWAREMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COOLWAREMAX GROUP'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE COOLWAREMAX GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THE SITE.
DISCLAIMER OF DAMAGES
CoolwareMax assumes no liability for damages, direct or consequential, which may result from the use of the Face Off Max Software, even if CoolwareMax has been advised of the possibility of such damages. Any liability of the seller will be limited to refund the purchase price.
SEVERABILITY AND INTEGRATION
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted, may not be transferred or assigned by you, but may be assigned by CoolwareMax without restriction.
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