End User License Agreement
Last updated: November 15, 2022
THIS END USER LICENSE AGREEMENT (THIS "AGREEMENT") IS A LEGALLY BINDING AGREEMENT. BY INSTALLING OR USING GM CHEEMS BROWSER EXTENSION SOFTWARE AND/OR ANY UPDATES TO SUCH SOFTWARE (COLLECTIVELY, THE "SOFTWARE") PROVIDED BY GMCHEEMS.COM ("LICENSOR"), YOU AGREE TO THE TERMS OF THIS AGREEMENT AS THE LICENSEE OF THE SOFTWARE ("LICENSEE" OR "YOU"). IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL OR USE THE SOFTWARE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR YOUR OR LICENSEE'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, NO LICENSE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION, OR OTHERWISE) UNDER THIS AGREEMENT, AND THIS AGREEMENT EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING ANY SOFTWARE THAT LICENSEE DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORIZED COPY OF LICENSOR'S SOFTWARE.
AGREEMENT. This Agreement is effective between you and Licensor as of the date you first download, install, or use the Software, whichever is earliest. You are responsible for reading and complying with any amended version of this Agreement that is made available by Licensor via the Software or the applicable web browser download page or that is posted at https://www.gmcheems.com/
- (a) The Software, including software that is embedded in the Software, is licensed, not sold, to you by Licensor only under the terms of this Agreement. Licensor reserves all rights not expressly granted under this Agreement. Licensor does not own the media or device on which the Software is recorded or stored, but Licensor retains ownership of the Software itself.
- (b) No rights are granted with respect to Software under, and the Software is not licensed or otherwise provided under, any master subscription agreement or other agreement between Licensor and you or any Licensor customer with which you are employed, affiliated, or associated.
- (c) Licensor may do any of the following at any time, with or without notice or cause, and without any liability to you: (i) change, suspend, or terminate any features or functionality of the Software; (ii) impose limits on certain features or functionality of the Software; or (iii) terminate this Agreement. Upon any such termination, you will no longer be permitted to use the Software, and will delete or destroy all copies of the Software in your possession. Modification, suspension, or termination of the Software or this Agreement will not entitle you to any refund (if applicable), credit, or other compensation from Licensor under this Agreement or any other agreement or from any third party.
SOFTWARE USES AND RESTRICTIONS.
- (a) This Agreement allows you to use the Software on any Supported Device and on no other devices. The Software is available only for Supported Devices and may not be available for all devices.
- (b) You may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
- (c) You may not sell, resell, rent, lease, lend, redistribute, sublicense, or otherwise make the Software available.
- (d) You may not remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Software.
- (e) The Software is protected by copyright laws and international treaties. Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Software, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or Software updates, or any part thereof. Any attempt to do so is a violation of this Agreement and of the rights of Licensor. Violation of this restriction may subject you to prosecution and damages.
- (f) With respect to updates to the Software that Licensor may make available for download, this Agreement allows you to download such Software updates to update or restore the Software on any Supported Device.
- (g) Without limiting the generality of anything herein, you acknowledge and agree that the Software may collect user or device data for the purposes of providing services or functions that are relevant to use of the Software.
- (h) Without limiting the generality of anything herein, you are responsible for complying with applicable laws and government regulations in your use of the Software.
THIRD PARTY COMPONENTS. The Software may include certain third party components. Any applicable terms and/or notices required by Licensor's licensors for such components may be disclosed within the Software, on the applicable web browser download page, on the Licensor's website, or as otherwise disclosed or made available by Licensor.
PRIVACY AND USER DATA. By using the Software, you acknowledge and agree to Licensor's privacy statement available at https://www.gmcheems.com/privacy-policy as may be amended from time to time (“Privacy Statement”).
FEEDBACK. For any suggestions, enhancement requests, recommendations, corrections, or other feedback (“Feedback”) you provide or otherwise make available to Licensor, whether related to the Software or otherwise:
- (a) you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Licensor under any fiduciary or other obligation; and
- (b) you hereby grant to Licensor, to the maximum extent permitted under applicable law, a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use, analyze, and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose.
REPRESENTATIONS AND WARRANTIES. You represent and warrant that, in connection with your use of the Software, you will supply truthful and accurate information to Licensor and will comply with all applicable laws.
DISCLAIMER OF WARRANTY. Neither Licensor nor its third party providers warrant the Software will perform in accordance with any specifications, documentation, or other standards, perform in an uninterrupted capacity, be error-free or bug-free, provide complete or accurate data, nor do they make any warranties as to the results to be obtained from the use of the Software. Use of the Software and reliance thereon is at your sole risk. Neither Licensor nor its third party providers will in any way be liable to you or any other entity or person for their inability to use the Software, or for any inaccuracies, errors, omissions, delays, computer viruses, or other infirmity or corruption, damages, claims, liabilities, or losses, regardless of cause, in or arising from the use of the Software. The Software is provided on an “as is” basis and without warranty or any support or maintenance of any kind. No warranties, either express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, or of any other type is provided hereunder. No oral or written information or advice given by Licensor or its authorized representative will create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above disclaimer, exclusions and limitations may not apply to you.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
- (a) IN NO EVENT WILL LICENSOR, ITS AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE; LOST REVENUES OR PROFITS; DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- (b) IN NO EVENT WILL LICENSOR, ITS AGENTS, LICENSORS, OR SUPPLIERS COLLECTIVE AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, EXCEED THE TOTAL AMOUNT PAID (IF ANY) TO THE LICENSOR PURSUANT TO THIS AGREEMENT FOR THE SOFTWARE, THAT IS THE SUBJECT OF THE CLAIM.
- (c) THE LIMITATIONS SET FORTH IN SECTION 10(a) AND SECTION 10(b) SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR HAVE LEGISLATION THAT RESTRICTS THE LIMITATION OF EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXPORT REGULATION. The Software may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Software available outside the US.
GENERAL. This Agreement, including any terms incorporated in this Agreement, is the entire agreement between you and Licensor relating to its subject matter, and supersedes all prior and contemporaneous agreements, proposals, or representations, either written or oral, relating to that subject matter; provided that nothing in this Agreement will limit your obligations to Licensor, or limit the rights of Licensor, under any other agreement between Licensor and (a) you or (b) any customer of Licensor with which you are employed, affiliated, or associated. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law and/or not enforceable, that provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect. You may not assign or transfer any of your rights or obligations under this Agreement, whether by operation of law or otherwise. Licensor may assign, transfer, or sublicense any or all of its rights or obligations under this Agreement without restriction. Licensor's waiver of any breach under this Agreement will not be considered a waiver of any earlier or later breach. No failure or delay by Licensor in exercising any right under this Agreement will constitute a waiver of that right. The titles and headings of sections of this Agreement are for convenience only and will not affect the construction of any provision of this Agreement. The term “including” and its variations will be interpreted as if followed by the phrase “without limitation.” Licensor will not be responsible for any delay in fulfilling or failure to fulfill any obligation due to any cause beyond its control.