FOR FeedVision, LLC SOFTWARE
IMPORTANT--READ CAREFULLY: This End-User License Agreement ("EULA")
is a legal agreement between you (either an individual or a single entity) and
FeedVision, LLC ("FeedVision") for the Mister Tipster software that
accompanies this EULA, which includes associated media and FeedVision
Internet-based services (collectively, the "Software" ). An amendment or
addendum to this EULA may accompany the Software.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY
INSTALLING, COPYING, OR USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT
INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT PURSUANT TO THE
PROVISIONS OF THE TERMS AND CONDITIONS OF SALE AGREEMENT.
GRANT OF LICENSE. FeedVision grants you the following non-exclusive,
nontransferable, limited license to use the Software provided that you comply
with all terms and conditions of this EULA.
Installation and Use. You may not copy, download, store,
publish, transmit, transfer, sell or otherwise use the Software or any
component thereof, in any form or by any means, except as expressly permitted
by this EULA.
(a) install and use a copy of the Software on one personal computer or other
you may only use the Software in connection with the use of the Mister
Tipster display unit.
Alternative Rights for Storage/Network Use. As an
alternative to Section 1.1(a), you may install a copy of the Software on a
network storage device, such as a server computer, and allow one access device,
such as a personal computer, to access and use that licensed copy of the
Software over a private network.
You must obtain an additional license to use the
Software from FeedVision for each additional device that accesses and uses the
Software installed on such network storage device.
License Grant for Documentation. The User Guide that accompanies
the Software is licensed for internal, non-commercial reference purposes only.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Mandatory Activation. THERE ARE TECHNOLOGICAL MEASURES IN
THIS SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE SOFTWARE.
You may not be able to exercise your rights to the Software under this EULA
after a finite number of product launches unless you activate your copy of the
Software in the manner described during the launch sequence. You may also need
to reactivate the Software if you modify your computer hardware or attempt to alter
FeedVision will use those measures to confirm you have a legally
licensed copy of the Software. If you are not using a licensed copy of the
Software, you are not allowed to install the Software or future Software
updates. FeedVision may collect some identifiable information from your device
during this process that may include, but not limited to, Mister Tipster device
serial numbers, operating system information, Software versions and computer
Internet-Based Services. You may not use any FeedVision
Internet-based services associated with the Software in any manner that could
damage, disable, overburden, or impair such services or interfere with any
other party's use and enjoyment of them. You may not attempt to gain
unauthorized access to any service, account, computer systems or networks
associated with the Internet-based services.
RESERVATION OF RIGHTS AND OWNERSHIP.FeedVision reserves all
rights not expressly granted to you in this EULA. The Software is protected by
copyright and other intellectual property laws and treaties. FeedVision
retains sole and exclusive ownership of and title to the Software. Except for
the license granted hereunder, nothing in this Agreement shall be construed as
transferring to you any rights, title or interest in the Software or any
portions thereof, or as conferring any license or other right, by implication,
or estoppel or otherwise, under any patent, patent application, trade secret,
trademark or copyright.
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the Software.
NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or
provide commercial hosting services with the Software.
CONSENT TO USE OF DATA. You agree that FeedVision and its
affiliates may collect and use technical information gathered as part of the
product support services provided to you, if any, related to the Software or
the Mister Tipster display unit. FeedVision may use this information solely to
improve our products or to provide customized support, services or technologies
to you and will not disclose this information in a form that personally
LINKS TO THIRD PARTY SITES. FeedVision is not responsible for
the contents of any third-party sites, data or services, any links or data contained
in third-party sites or services, or any changes or updates to third-party
sites, data or services. FeedVision is providing these links and access to
third-party sites, data and services to you only as a convenience, and the
inclusion of any link, data or access does not imply an endorsement by
FeedVision of the third-party site, data or service.
ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates,
supplements, add-on components, or Internet-based services components, of the
Software that FeedVision may provide to you or make available to you after the
date you obtain your initial copy of the Software, unless they are accompanied
by separate terms. FeedVision reserves the right to discontinue Internet-based
services provided to you or made available to you through the use of the
UPGRADES. To use Software identified as an upgrade, you must
first be licensed for the Software identified by FeedVision as eligible for the
upgrade. After installing the upgrade, you may no longer use the original Software
that formed the basis for your upgrade eligibility, except as part of the
NOT FOR RESALE SOFTWARE. Software identified as "Not for
Resale" or "NFR," may not be sold or otherwise transferred for
value, or used for any purpose other than demonstration, test or evaluation.
with LawS; NOT INTENDED FOR EXPORT. You agree to comply with all
applicable federal and state laws and regulations of the United States. The Software
is intended for purchase and use only in the United States.
SEPARATION OF COMPONENTS. The Software is licensed as a single
product. Its component parts may not be separated for use on more than one
SOFTWARE TRANSFER. Subject to the provisions of Section 1.1 and
1.2 of this EULA, you may transfer your copy of the Software to a different
After the transfer, you must completely remove the Software from the
TERMINATION. Without prejudice to any other rights, FeedVision
may terminate this EULA if you fail to comply with the terms and conditions of
this EULA. In such event, you must destroy all copies of the Software and all
of its component parts.
LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE UNITED STATES.
FeedVision warrants that the Software will perform substantially in
accordance with the User Guide delivered with the Software for a period of
ninety (90) days from the date of your receipt of the Software.
If an implied warranty or condition is created by your
state/jurisdiction and federal or state law prohibits disclaimer of it, you
also have an implied warranty or condition, BUT ONLY AS TO CLAIMS MADE TO
FEEDVISION DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS) (THE "LIMITED WARRANTY"). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY DAY PERIOD,
THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
Any supplements or updates to the Software, including without
limitation, any (if any) service packs or hot fixes provided to you after the
expiration of the ninety day Limited Warranty period are not covered by any
warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your
exclusive remedy for any breach of this Limited Warranty is as set forth
below. Except for any refund elected by FeedVision, YOU ARE NOT ENTITLED TO
ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the
Software does not meet FeedVision's Limited Warranty, and, to the maximum
extent allowed by applicable law, even if any remedy fails of its essential purpose.
The terms of Section 18 ("Exclusion of Incidental, Consequential and
Certain Other Damages") are also incorporated into this Limited Warranty.
This Limited Warranty gives you specific legal rights. You may have other
rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE
REMEDY. FeedVision's and its suppliers' entire liability and your exclusive
remedy for any breach of this Limited Warranty or for any other breach of this
EULA or for any other liability relating to the Software shall be, at
FeedVision's option from time to time exercised subject to applicable law, (a)
return of the amount paid (if any) for the Software, or (b) repair or replacement
of the Software, that does not meet this Limited Warranty and that is returned
to FeedVision with a copy of your receipt. You will receive the remedy elected
by FeedVision without charge, except that you are responsible for any expenses
you may incur (e.g. cost of shipping the Software to FeedVision). This Limited
Warranty is void if failure of the Software has resulted from accident, abuse,
misapplication, abnormal use or a virus. Any replacement Software will be
warranted for the remainder of the original warranty period or thirty (30)
days, whichever is longer, and FeedVision will use commercially reasonable
efforts to provide your remedy within a commercially reasonable time of your
compliance with FeedVision's warranty remedy procedures. Neither these remedies
nor any product support services offered by FeedVision are available outside
the United States. To exercise your remedy, see the FeedVision website for contact
DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above
is the only express warranty made to you and is provided in lieu of any other
express warranties or similar obligations (if any) created by any advertising,
documentation, packaging, or other communications. Except for the Limited
Warranty and to the maximum extent permitted by applicable law, FeedVision and
its suppliers provide the Software and support services (if any) AS IS AND WITH
ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express,
implied or statutory, including, but not limited to, any (if any) implied
warranties, duties or conditions of merchantability, of fitness for a
particular purpose, of reliability or availability, of accuracy or completeness
of responses, of results, of workmanlike effort, of lack of viruses, and of
lack of negligence, all with regard to the Software, and the provision of or
failure to provide support or other services, information, software, and
related content through the Software or otherwise arising out of the use of the
ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD
TO THE SOFTWARE.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
IN NO EVENT SHALL FEEDVISION OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER
INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF
PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE
CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE
SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION,
SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF
THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION
OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE),
MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY
OF FEEDVISION OR ANY SUPPLIER, AND EVEN IF FEEDVISION OR ANY SUPPLIER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages
that you might incur for any reason whatsoever (including, without limitation,
all damages referenced herein and all direct or general damages in contract or
anything else), the entire liability of FeedVision and any of its affiliates
and suppliers under any provision of this EULA and your exclusive remedy
hereunder (except for any remedy of repair or replacement elected by FeedVision
with respect to any breach of the Limited Warranty) shall be limited to the greater
of the amount actually paid by you for the Software or US$5.00. The foregoing
limitations, exclusions and disclaimers (including Sections 16, 17 and 18)
shall apply to the maximum extent permitted by applicable law, even if any
remedy fails its essential purpose.
APPLICABLE LAW. This EULA is governed by the laws of the State
of California, without giving effect to its rules of conflict of laws. You agree
and consent to be subject to the jurisdiction of any federal or California
state court, as appropriate, sitting in Los Angeles County, California, in any
suit, action or proceeding seeking to enforce any provision of, or based on any
matter arising out of or in connection with, this EULA. The prevailing party
in any action related to this EULA shall have the right to recover reasonable
expenses, including attorneys’ fees.
ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any
addendum or amendment to this EULA which is included with the Software) is the
entire agreement between you and FeedVision relating to the Software and the
support services (if any) and they supersede all prior or contemporaneous oral
or written communications, proposals and representations with respect to the
Software or any other subject matter covered by this EULA. To the extent the
terms of any FeedVision policies or programs for support services conflict with
the terms of this EULA, the terms of this EULA shall control. If any provision
of this EULA is held to be void, invalid, unenforceable or illegal, the other
provisions shall continue in full force and effect.
23 NO ASSIGNMENT. This EULA and the license
granted hereunder may not be assigned, sublicensed or otherwise transferred by
you unless FeedVision consents in advance to such assignment, sublicense or
transfer in a written document executed by an authorized representative of