More Vang User Agreement
Effective as of August 2018
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You” or the “Authorized User”) AND GLOBAL PRINTING, INC. D/B/A MORE VANG (“We” or “More Vang”). YOU SHOULD FIRST READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS END USER LICENSE AGREEMENT (the or this “EULA”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THE MORE VANG SOFTWARE SOLUTION (“More Vang Software Solution”). MORE VANG IS WILLING TO LICENSE THE USE OF THE MORE VANG SOFTWARE SOLUTION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS EULA. IF YOU DO NOT AGREE WITH THIS EULA OR IF YOU HAVE NOT GAINED ACCESS TO THE MORE VANG SOFTWARE SOLUTION PURSUANT TO THE EXECUTION OF A MASTER SERVICE AGREEMENT AND APPLICABLE STATEMENT OF WORK WITH MORE VANG, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE MORE VANG SOFTWARE SOLUTION AND ARE INSTRUCTED TO EXIT THE MORE VANG SOFTWARE SOLUTION IMMEDIATELY.
TERMS AND CONDITIONS
- LICENSE GRANT. The More Vang Software Solution is provided by More Vang, and this EULA provides to You a personal, revocable, limited, non-exclusive, and non-transferable license to use the More Vang Software Solution conditioned on your continued compliance with the terms and conditions of this EULA. If You are using the More Vang Software Solution on behalf of a company or other form of legal entity, please note that such a company or entity must have a separate agreement with More Vang regarding access and usage privileges for the More Vang Software Solution, including, without limitation, a Master Services Agreement. Notwithstanding the foregoing, your use of More Vang Software Solution will also be subject to the terms and conditions of this EULA.
- RESTRICTIONS. You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any legends, notices, or markers, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the More Vang Software Solution. Moreover, You may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the More Vang Software Solution or in any way reproduce or circumvent the navigational structure or presentation of the More Vang Software Solution to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the More Vang Software Solution; (ii) attempt to gain unauthorized access to any portion or feature of the More Vang Software Solution, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the More Vang Software Solution or to any More Vang server or to any of the services offered on or through the More Vang Software Solution by hacking, password “mining,” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the More Vang Software Solution or any network connected to the More Vang Software Solution, or breach the security or authentication measures for the More Vang Software Solution or any network connected to the More Vang Software Solution; (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the More Vang Software Solution; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the More Vang Software Solution or More Vang’s systems or networks or any systems or networks connected to the More Vang Software Solution; (vi) use any device, software, or routine to interfere with the proper working of the More Vang Software Solution or any transaction conducted on or through the More Vang Software Solution or with any other person’s or entity’s use of the More Vang Software Solution, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal You send to More Vang on or through the More Vang Software Solution; (viii) use the More Vang Software Solution harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, or otherwise permit third parties to access and use the More Vang Software Solution (or any part thereof) without More Vang’s express, separate, and prior written permission; or (x) use the More Vang Software Solution in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact More Vang.
- AUTHORIZED USER OBLIGATIONS. You represent and warrant to More Vang that (i) You are of the legal age of majority and are authorized and able to fulfill and perform the obligations and meet the conditions of an Authorized User as specified herein, (ii) You have all rights and permission necessary to submit, display, or make available any materials or information submitted to the More Vang Software Solution and have obtained at your sole expense all necessary consents, rights, permissions, and clearances (and provided More Vang with reasonable proof thereof (if requested)) required for More Vang to use such materials or information in connection with the More Vang Software Solution; and (iii) You have all required permits, licenses, and other governmental authorizations and approvals to use the More Vang Software Solution for your purposes. You also represent that You are able to assume all responsibility for your use, and the results of your use, of the More Vang Software Solution, including meeting any legal or certification standard or any requirements of your contracts with third parties or other persons. You access and use the More Vang Software Solution on your own volition and are responsible for compliance with all applicable laws with respect to your use. In particular, You shall not export the More Vang Software Solution (or access thereto) without complying with such laws, orders, restrictions, or regulations. You also acknowledge and agree that use of the Internet and access to the More Vang Software Solution is solely at your own risk. While More Vang has endeavored to create a secure and reliable solution, You should understand that the confidentiality or reliability of any information or material transmitted stored with the More Vang Software Solution or to/from the More Vang Software Solution over the Internet or other form of global communication network cannot be guaranteed. You must make your own determination as to such issues. You also agree to assume all responsibility for obtaining and paying for all licenses and costs for third party software and hardware necessary for implementation of the More Vang Software Solution, and maintaining and backing up any of your data notwithstanding any of More Vang’s responsibilities. Any support, training, updates, upgrades, storage, security, or maintenance of or for the More Vang Software Solution shall only be available pursuant to the terms and conditions of a separate written agreement with More Vang (as agreed to by More Vang in its sole discretion).
- OTHER TERMS AND CONDITIONS. This EULA remains subject to Master Services Agreement and its exhibits. If there is a conflict between this EULA and the Master Services Agreement, More Vang’s Master Services Agreement shall control.
- AUTHORIZED USER NAME HANDLING POLICY. Registration as an Authorized User for access to certain areas of the More Vang Software Solution may require both a user name and a password. Only one Authorized User can use one username and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your username and password can gain entry to the More Vang Software Solution and to your account. Accordingly, by using the More Vang Software Solution, You agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another Authorized User’s username and password. You will immediately notify More Vang if You become aware of any loss or theft of your password or any unauthorized use of your user name and password. More Vang cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. More Vang reserves the right to delete or change a user name or password at any time and for any reason.
- PROPRIETARY RIGHTS. This EULA provides only a limited license to use the More Vang Software Solution. Except as expressly provided herein, More Vang does not grant any express or implied right to You or any other person under any intellectual or proprietary rights. Accordingly, You expressly acknowledge and agree that More Vang transfers no ownership or intellectual property interest or title in and to the More Vang Software Solution to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the More Vang Software Solution, unless otherwise indicated, are owned, controlled, and licensed by More Vang (or its licensors, affiliates, or subsidiaries) and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Unless otherwise noted, the More Vang Software Solution is Copyright © 2019 More Vang All rights reserved. MORE VANG and all other names, logos, and icons identifying More Vang and its programs, products, and services are proprietary trademarks of More Vang, and any use of such marks, including, without limitation, as domain names, without the express written permission of More Vang is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
- FEEDBACK. More Vang welcomes your feedback and suggestions about More Vang’s products or services or with respect to how to improve the More Vang Software Solution. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to More Vang, You represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey to More Vang and enable More Vang to use such Feedback. In addition, any Feedback received through the More Vang Software Solution will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for More Vang to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and You hereby waive any claim to the contrary.
- LINKS TO OTHER SITES. More Vang may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by More Vang and are maintained by third parties over which More Vang exercises no control. Accordingly, More Vang expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
- DISCLAIMER. EXCEPT AS OTHERWISE EXPRESSLY AGREED BY MORE VANG, THE MORE VANG SOFTWARE SOLUTION IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. MORE VANG MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE MORE VANG SOFTWARE SOLUTION AT ANY TIME AND FOR ANY REASON. OTHER THAN THE RIGHT TO FULFILL ITS OBLIGATIONS UNDER THIS EULA, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MORE VANG EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF INTERFERENCE WITH ENJOYMENT OF INFORMATION, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, YOU ACKNOWLEDGE AND AGREE THAT MORE VANG DOES NOT WARRANT THAT THE MORE VANG SOFTWARE SOLUTION WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS OR MEET ANY LEGAL OR CERTIFICATION STANDARD. BECAUSE THE MORE VANG SOFTWARE SOLUTION IS BASED ON YOUR RULES, REQUIREMENTS, AND DATA, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MORE VANG SOFTWARE SOLUTION IS WITH YOU. IF THIS DISCLAIMER OF WARRANTY IS HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION IN ANY MANNER, THEN ALL EXPRESS AND/OR IMPLIED WARRANTIES MANDATED BY SUCH COURT SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE COMMENCEMENT OF THE INITIAL PERIOD FOR THE MORE VANG SOFTWARE SOLUTION AND NO WARRANTIES SHALL APPLY AFTER THIS 30-DAY PERIOD.
- LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT MORE VANG SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CLAIM, DAMAGE, OR LOSS RESULTING FROM A CAUSE BEYOND MORE VANG’S CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, TELEPHONE OR GENERAL OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES OR OTHER GENERAL LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. MORE VANG ALSO ASSUMES NO RESPONSIBILITY FOR YOUR FAILURE TO COMPLY WITH ANY APPLICABLE LAW OR REGULATION. YOU ALSO ACKNOWLEDGE AND AGREE THAT MORE VANG WILL NOT BE LIABLE TO YOU, OR ANYONE CLAIMING UNDER OR THROUGH YOU, FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF BUSINESS, PROFITS, OR INFORMATION), REGARDLESS OF WHETHER MORE VANG WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR INDIVIDUAL RIGHTS DIFFER FROM ANY OBLIGATIONS THAT MORE VANG MAY OWE TO ANY ENTITY PURSUANT TO A SEPARATE WRITTEN AGREEMENT WITH MORE VANG. ACCORDINGLY, THE ENTIRE LIABILITY OF MORE VANG FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS EULA SHALL NOT EXCEED $100.
- GOVERNING LAW. This EULA has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the Commonwealth of Virginia, U.S.A. as applied to agreements entered into and completely performed in the Commonwealth of Virginia. You and More Vang each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the federal or state courts in the Commonwealth of Virginia for any disputes between us under or arising out of this EULA. Any claim You might have against More Vang must be brought within four (4) years after the cause of action arises, or such claim or cause of action is barred. In addition, You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this EULA and that each party has the right to seek attorneys’ fees in any proceeding. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this EULA and is hereby disclaimed. More Vang makes no representation that the More Vang Software Solution is appropriate or available for use in other locations, and access to the More Vang Software Solution from territories or nations where any aspect of the More Vang Software Solution is illegal is prohibited. You access the More Vang Software Solution on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the More Vang Software Solution.
- ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the More Vang Software Solution may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. More Vang reserves the right to view, monitor, and record activity on the More Vang Software Solution without notice or permission from You, including, without limitation, by archiving notices or communications sent by You through the More Vang Software Solution. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the More Vang Software Solution as well as to disclosures required by or under applicable law or related government agency actions. More Vang will also comply with all court orders involving requests for such information. In addition to the foregoing, More Vang reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the More Vang Software Solution, or any portion of the More Vang Software Solution, in order to protect the More Vang Software Solution, More Vang, or More Vang’s business.
- TERM AND TERMINATION. Assuming You or your organization has executed an applicable Master Services Agreement and its respective Statement of Work with More Vang for access to the More Vang Software Solution, this EULA and your right to use the More Vang Software Solution will take effect at the moment You click “I ACCEPT” or You install, access, or use the More Vang Software Solution, and is effective until terminated as set forth below or until expired or terminated as set forth in the Master Services Agreement with More Vang. This EULA will terminate automatically if You click “I REJECT” or if You or your organization has failed to execute or no longer has in place an active Statement of Work under the Master Services Agreement. In addition, this EULA will also terminate automatically if You fail to comply with this EULA, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this EULA at any time by ceasing to use the More Vang Software Solution, but all applicable provisions of this EULA will survive termination, as identified below. Upon termination, You must destroy all copies of any aspect of the More Vang Software Solution in your possession. In addition to the “Miscellaneous” provision, the provisions concerning restrictions, More Vang Software Solution’s proprietary rights, feedback, disclaimer of warranty, enforcing security, indemnity, and limitation of liability will survive the termination of this EULA for any reason.