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TERMS AND CONDITIONS
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Mxim INC. ("MXIM Framework") STATING THE TERMS THAT GOVERN YOUR USE OF THE APP STORE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF MXIM'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND MXIM Framework. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND MXIM Framework MAY REFUSE ACCESS TO THE APP STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. 1. DEFINITION OF THE APP STORE SERVICE. MXIM Framework is the provider of the App Store (the "Service") that permits you to license software products, such as games and applications, under certain terms and conditions as set forth in this Agreement. 2. AGE REQUIREMENTS FOR USE OF THE SERVICE. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions. 3. LICENSE OF PRODUCTS. The software products made available through the Service (the “Products”) are licensed, not sold, to you. There are two (2) categories of Products offered through the Service, as follows: (i) those Products that have been developed, and are licensed to you, by MXIM Framework (the “MXIM Framework Products”); and (ii) those Products that have been developed, and are licensed to you, by a third party developer (the “Third Party Products”). The category of any particular Product (i.e., MXIM Framework Product or Third Party Product, as the case may be) is identified on the Service application. Your license to each Product that you obtain through the Service is subject to the Licensed Application End User License Agreement set forth below, and you agree that the terms of the Licensed Application End User License Agreement will apply to each MXIM Framework Product and to each Third Party Product that you license through the Service, unless the Product is covered by a valid end user license agreement entered into between you and the licensor of the Product (the “Licensor”), in which case the Licensor’s end user license agreement will apply to that Product. The Licensor reserves all rights in and to the Product not expressly granted to you. You acknowledge that the license you purchase to each MXIM Framework Product that you obtain through the Service is a binding agreement between you and MXIM Framework, and that the license you purchase to each Third Party Product is a binding agreement between you and the third party licensor of that Third Party Product (“the Application Provider”) only. The Application Provider of each Third Party Product is solely responsible for that Third Party Product, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Third Party Product or your use of that Third Party Product. You acknowledge that you are purchasing the license to each Third Party Product from the Application Provider of that Third Party Product; MXIM Framework is acting as agent for the Application Provider in providing each such Third Party Product to you; MXIM Framework is not a party to the license between you and the Application Provider with respect to that Third Party Product; and MXIM Framework is not responsible for that Third Party Product, the content therein, or any warranties or claims that you or any other party may have relating to that Third Party Product or your use of that Third Party Product. You acknowledge and agree that MXIM Framework, and MXIM Framework’s subsidiaries, are third party beneficiaries of the Licensed Application End User License Agreement, or the Application Provider’s end user license agreement, as the case may be, for each Third Party Product, and that, upon your acceptance of the terms and conditions of the license to any such Third Party Product, MXIM Frameworks will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof. All Products made available through the Service are licensed to end user customers only. 4. SYSTEM REQUIREMENTS. Your use of the Service and transactions made through it are subject to any end-user agreements or other terms and conditions required for use of the software required for use of the Service, all of which are hereby made a part of this Agreement. Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service. 5. PRIVACY a. MXIM Frameworks'S PRIVACY POLICY. Except as otherwise expressly provided for in this Agreement, the Service is subject to MXIM Framework's Privacy Policy, which is expressly made a part of this Agreement. If you have not already read MXIM Framework's Privacy Policy, you should do so now. MXIM Framework may only use this information and combine it with aggregated information from the MXIM Framework libraries of other users who also opt-in to this feature, your MXIM Framework Store purchase history data, aggregated purchase history data from other MXIM Framework Store users, and other information obtained from third parties, to: • Provide you with recommendations regarding media and other products and services that you may wish to purchase. • Provide recommendations regarding products and services to other users. At all times your information will be treated in accordance with MXIM Framework’s Customer Privacy Policy. 6. YOUR INFORMATION. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. MXIM Framework may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that MXIM Framework may store and use the Registration Data you provide (including credit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit card or PayPal account. 8. USER ACCOUNT AND SECURITY. a. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify MXIM Framework of any unauthorized use of your Account or any other breach of security. MXIM Framework shall not be responsible for any losses arising out of the unauthorized use of your Account. b. Security. You understand that the Service, and products transacted through the Service, include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by MXIM Framework and its principals ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by MXIM Framework for compliance purposes, and MXIM Framework reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by MXIM Framework for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability. 9. USE OF PRODUCTS AND THE SERVICE a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized devices), and that such hardware and software is your responsibility. Products may only be downloaded once; after being downloaded, they cannot be replaced if lost for any reason. Once a Product is licensed and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and MXIM Framework shall be without liability to you in the event of any loss, destruction, or damage. b. Use of Products. You acknowledge that Products contain security technology that limits your usage of Products to the following applicable Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules. Usage Rules (i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement and the applicable end-user license agreement. (ii) You shall be able to store Products from up to five different Accounts on certain devices, at a time. (iii) You shall be able to store Products on five MXIM Framework-authorized devices at any time. (iv) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules. (v) The delivery of Products does not transfer to you any promotional use rights in the Products. (vi) You shall be able to manually sync Products from at least one MXIM Framework-authorized device to devices that have manual sync mode, provided that the Product is associated with an Account on the primary MXIM Framework-authorized device, where the primary MXIM Framework-authorized device is the one that was first synced with the device, or the one that you subsequently designate as primary using MXIM Framework. c. You agree that your license of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. MXIM Framework reserves the right to modify the Usage Rules at any time. d. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of MXIM Framework. Accordingly, in the event that MXIM Framework changes any part of the Service or discontinues the Service, which MXIM Framework may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that MXIM Framework shall have no liability to you in such case. e. The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant MXIM Framework a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you. MXIM Framework reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability. MXIM Framework has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that MXIM Framework in its sole discretion deems appropriate, including, without limitation, under our Copyright Policy. 10. PAYMENT METHODS. The Service accepts credit cards, payment through your PayPal, Moneybookers or other financial account, Content Codes, and Allowance Account balances as forms of payment. If a credit card company, or your PayPal account, is being used for a transaction, MXIM Framework may obtain a pre-approval from the credit card company or from PayPal (as the case may be) for an amount up to the amount of the order. Billing to your credit card or to your PayPal account occurs at the time of purchase or shortly thereafter. If the balance from an MXIM Framework Card, MXIM Framework Store Gift Certificate or Allowance Account is used for an App Store transaction, the amount is deducted from your Account or your MXIM Framework Card (as the case may be) at the time of purchase. If the total amount of the transaction is greater than the balance available in your MXIM Framework Card, Gift Certificate or Allowance Account, your credit card, or PayPal account, will be charged for the balance. The Service accepts the following credit cards: Visa, MasterCard, American Express, and Discover. If a transaction has been declined online due to credit card issues, or issues with your PayPal account, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card or your PayPal account (as the case may be) for your transaction and should use another credit card. 11. AGREEMENT TO PAY. a. Payment for Products. You agree to pay for all Products you license through the Service, and that MXIM Framework may charge your credit card or PayPal account for any Products licensed, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING MXIM FRAMEWORK WITH VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, or the PayPal account, you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until MXIM Framework can verify the validity of the new credit card or PayPal account information.) b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time. c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. 12. DELIVERY OF PRODUCTS; REFUNDS. a. Interrupted Delivery to user' device. If delivery of a Product you licensed on an user's device is interrupted, your transaction will be included in your download queue. You may resume the delivery to your MXIM Framework-authorized device by selecting "Check for Purchases" from the Store menu in the PlabStore application. b. Refund Policy. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by MXIM Framework. Otherwise, no refunds are available. 15. SALES TAX. Service transactions will include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the billing address changes before the licensed Product is downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in states where such transactions are taxable. No customers are eligible for tax exemptions for transactions made on the Service. 16. PlabStore CARDS. PlabStore Cards are for transactions on the PlabStore Store only. PlabStore Cards may not be used for transactions on the MXIM Framework Online Store. PlabStore Cards are non-refundable, except as required by law. PlabStore Cards may not be used to purchase Gift Certificates, Allowance Accounts, gifts, or other PlabStore Cards. 17. UPGRADES. The latest version of the PlabStore software is recommended to access the Service. From time to time, an upgrade to the latest version of the PlabStore software may be required in order to make transactions from the Service, to download Products previously licensed from the Service (for example, Products in your download queue) or to take advantage of new features of the Service. The latest version of the PlabStore software is available for download at no charge, and the minimum system requirements for running. Use of PlabStore software is subject to acceptance of its software license agreement presented at the time of installation. For any additional questions regarding required upgrades, please contact PlabStore Store Customer Service (see below). 18. PRODUCT AVAILABILITY. On occasion, a licensed Product may become unavailable following a transaction but prior to download. Your sole remedy in such cases is a refund of the price paid for the unavailable licensed Product. Please contact PlabStore Store Customer Service for assistance in such cases (see below). 19. FOR ASSISTANCE WITH ORDERS - PlabStore STORE CUSTOMER SERVICE. 20. IMPORTANT SAFETY INFORMATION: (1) To avoid muscle, joint or eye strain during video game play, you should always take frequent breaks from playing, and stop and take a longer rest if your eyes, hands, wrists or arms become tired or sore or you feel any other discomfort. (2) A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before playing video games if you have ever suffered these or other symptoms linked to seizures and/or epilepsy, and stop playing immediately and see a doctor if these or similar symptoms occur during game play. Parents should monitor their children's video game play for signs of symptoms. 21. OBJECTIONABLE MATERIAL. You understand that by using the Service, you may encounter material that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit material. Nevertheless, you agree to use the Service at your sole risk and that MXIM Framework shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Application types and descriptions are provided for convenience, and you acknowledge and agree that MXIM Framework does not guarantee their accuracy. 22. INTELLECTUAL PROPERTY. a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, audio clips, and editorial content, contains proprietary information and material that is owned by MXIM Framework and/or its principals, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. b. Removal of MXIM Framework Content or Other Materials. Notwithstanding any other provision of this Agreement, MXIM Framework and its principals reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will MXIM Framework be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. MXIM Framework may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability. c. Copyrights. All copyrights in and to the Service, including but not limited to, the PlabStore Store, the PlabStore (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by MXIM Framework and/or its principals, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS AND CONDITIONS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT. d. Trademarks. MXIM Framework, the MXIM Framework logo, PlabStore, and other MXIM Framework trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of MXIM Framework Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. 23. TERMINATION. a. Termination by MXIM Framework. If you fail, or MXIM Framework suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide MXIM Framework with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, MXIM Framework, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof). b. Termination of the Service. MXIM Framework reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and MXIM Framework will not be liable to you or to any third party should it exercise such rights. 24. GENERAL COMPLIANCE WITH LAWS. The Service is controlled and operated by MXIM Framework from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. 25. ENFORCEMENT OF THESE TERMS. MXIM Framework reserves the right to take steps MXIM Framework believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to MXIM Framework's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that MXIM Framework has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as MXIM Framework believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to MXIM Framework's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). 26. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEB SITES. Certain content, Products, and services available via the Service may include materials from third parties. In addition, MXIM Framework may provide links to certain third party Web sites. You acknowledge and agree that MXIM Framework is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. MXIM Framework does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that MXIM Framework is not in any way responsible for any such use by you. 27. MAINTENANCE AND SUPPORT: MXIM Framework will be responsible for providing any maintenance and support services with respect to the MXIM Framework Products only, as specified in the Licensed Application End User License Agreement, or the separate end user license agreement, as the case may be, or as required under applicable law. The Application Provider of any Third Party Product will be solely responsible for providing maintenance and support services with respect to that Third Party Product, as specified in the Licensed Application End User License Agreement or the Application Provider end user license agreement, as the case may be, or as required under applicable law. You acknowledge and agree that MXIM Framework will have no obligation whatsoever to provide any maintenance or support services with respect to any Third Party Product. 28. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS. a. MXIM Framework DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME MXIM Framework MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY MXIM Framework) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. c. IN NO CASE SHALL MXIM Framework, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MXIM Framework'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. d. MXIM Framework SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND MXIM Framework HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. e. MXIM Framework DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MXIM Framework DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM THE SERVICE THAT ARE STORED IN YOUR SYSTEM. 29. WAIVER AND INDEMNITY. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD MXIM Framework, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY MXIM Framework AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM MXIM Framework, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MXIM Framework'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT. 30. CHANGES. MXIM Framework reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. 31. NOTICES. MXIM Framework may send you notice with respect to the Service by sending an email message to the email address listed in your MXIM Framework Account contact information, by sending a letter via postal mail to the contact address listed in your MXIM Framework Account contact information, or by a posting on the Service. Notices shall become effective immediately. 32. GOVERNING LAW. The laws of the State of California, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with MXIM Framework or relating in any way to your use of the Service resides in the courts of the State of California. 33. MISCELLANEOUS. These Terms and Conditions constitute the entire agreement between you and MXIM Framework and govern your use of the Service, superseding any prior agreements between you and MXIM Framework. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. MXIM Framework's failure to enforce any right or provisions in these Terms and Conditions will not constitute a waiver of such provision, or any other provision of these Terms and Conditions. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. MXIM Framework will not be responsible for failures to fulfill any obligations due to causes beyond its control. 34. OTHER TERMS AND CONDITIONS MXIM Framework is not responsible for typographic errors. No MXIM Framework employee or agent has the authority to vary any of the Service's policies or the terms and conditions governing any sale. • • • • • LICENSED APPLICATION END USER LICENSE AGREEMENT The Products made available through the Service are licensed, not sold, to you. Your license to each Product that you obtain through the Service is subject to your prior acceptance of this Licensed Application End User License Agreement, and you agree that the terms of this Licensed Application End User License Agreement will apply to each Product that you license through the Service, unless that Product is covered by a valid end user license agreement entered into between you and the Licensor of that Product, in which case the terms of that separate end user license agreement will govern, subject to your prior acceptance of that separate end user license agreement. Your license to any MXIM Framework Product under this Licensed Application End User License Agreement is granted by MXIM Framework, and your license to any Third Party Product under this Licensed Application End User License Agreement is granted by the Licensor of that Third Party Product. Any Product that is subject to the license granted under this Licensed Application End User License Agreement is referred to herein as the “Licensed Application”. Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this Licensed Application End User License Agreement. a. Scope of License: This license granted to you for the Licensed Application by Licensor is limited to a non-transferable license to use the Licensed Application on any device that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Licensed Application on any device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Licensor that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. c. Termination. The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application. d. Services; Third Party Materials. The Licensed Application may enable access to Licensor’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the Licensor shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services. You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Licensor is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the device are not available in all languages or in all countries. The Licensor makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Licensor, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Licensor be liable for the removal of or disabling of access to any such Services. The Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability. e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. i. The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. Last updated: January 12, 2009
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