PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE ISCRAP APP SOFTWARE OR ANY DOCUMENTATION (COLLECTIVELY, THE “SOFTWARE”).
THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERNS USE OF THE SOFTWARE UNLESS YOU AND ISCRAP APP, INC., (“iScrap App”) HAVE EXECUTED A SEPARATE AGREEMENT.
3. Ownership. The Software is licensed, not sold. iScrap App and its licensors own all rights, title, and interest in and to their applicable contributions to the Software, including all intellectual property rights therein. The Software is protected by United States intellectual property laws and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you.
Term and Termination.
a. This Agreement remains effective until terminated by either party. iScrap App may terminate this Agreement without notice, at any time and for any reason. You may terminate it at any time by destroying all copies of the Software in your possession or control. This Agreement will automatically terminate without notice if you breach any term of this Agreement.
b. Upon any termination, you will promptly destroy all copies of the Software in your possession or control. Sections 4(b), 5, 6, 7, 8 and 9 will survive any termination of this Agreement.
5. Disclaimer of Warranty. The SOFTWARE IS PROVIDED “AS IS”, without warranty of any kind. ISCRAP APP DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERUPTED. ISCRAP APP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE AND ANY DATA ACCESSED THEREFROM OR TRANSMITTED THEREBY, OR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE SOFTWARE AND ANY DATA ACCESSED THEREFROM OR TRANSMITTED THEREBY, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ISCRAP APP OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
6. Limitation of Liability. IN NO EVENT WILL ISCRAP APP BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ISCRAP APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ANY CASE, ISCRAP APP’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS OF THE FEES THAT YOU PAID FOR THE SOFTWARE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. Indemnity. You agree to indemnify and hold iScrap App and its officers, directors, employees and agents harmless from and against any claim, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.
8. Export Law. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
9. General. This Agreement will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to or application of conflicts of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without iScrap App’s prior written consent, and any attempt by you to do so, without such consent, will be void and of no effect. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. Any notice or other communications to be given under this Agreement will be in writing and given either (a) by iScrap App via email (in each case to the address that you provide), or (b) posting on the iScrap App website located at www.iscrapapp.com. The date of receipt will be deemed the date on which such notice is transmitted. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and iScrap App have executed a separate agreement.
10. Contact Information. If you have any questions regarding this Agreement, you may contact iScrap App at email@example.com or call 1.855.iScrapp (1.855.472.7277).
IF YOU AGREE TO THE FOREGOING TERMS AND CONDITIONS AND DESIRE TO INSTALL AND USE THE SOFTWARE, PLEASE CLICK THE “YES, I have read and accept” BUTTON PRIOR TO CLICKING THE “CONTINUE” BUTTON. OTHERWISE, DO NOT CLICK THE “YES” BUTTON AND THE INSTALLATION PROCESS WILL STOP.