You may use AdFactory’s design tool, (the “Software”), in accordance with the terms and conditions of this Agreement.
You may not alter, merge, modify or adapt the Software in any way including reverse engineering, disassembling or decompiling. You may not sell, distribute, loan, rent, lease, license or otherwise transfer the Software or any copy; except, you may permanently transfer the Software (including all prior versions) provided you transfer the License Agreement and all documentation and media and you do not retain any copies.
3. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Software and user documentation are owned by AdFactory or its suppliers and are protected by applicable intellectual property laws (including patent, trademark and copyright laws) and international treaty provisions. AdFactory retains all rights not expressly granted.
4. NO WARRANTY
The Software is provided “As Is.” AdFactory makes no warranty, representation, promise or guarantee, either express or implied, statutory or otherwise, with respect to the Software, user documentation or related technical support, including their quality, performance, merchantability or fitness for a particular purpose. The warranty set forth herein are exclusive and in lieu of all others, oral or written, express or implied. This warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
5. LIMITATION OF LIABILITY
In no event will AdFactory or any of its licensors be liable for indirect, special, incidental, tort, economic, cover or consequential damages arising out of the use of or inability to use AdFactory (or any of its licensors’) products or services, including, without limitation, damages or costs relating to the loss of profits, business, goodwill, data or computer programs, even if advised of the possibility of such damages. In no case shall AdFactory’ or any its licensors’ liability exceed the greater of the amount actually paid by you for the Software or U.S. $5.00. Some states, provinces and other jurisdictions do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above exclusion or limitation may not apply to you. However, in appropriate jurisdictions, AdFactory limits its liability, according to the terms of this Agreement, to the extent permissible by law.
You agree that you will not use, license, transfer or otherwise dispose of the Software or documentation in violation of U.S. and/or foreign or local export laws, including, without limitation, the laws and regulations administered by the United States Department of Commerce and the United States Department of State.
This Agreement will be governed by the laws of the State of California. In no event shall the United Nations Convention on Contracts for the International Sale of Goods apply to this License Agreement. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such provision shall not affect the enforceability of the remaining provisions hereof.
8. FOR MORE INFORMATION
Should you have any questions concerning this Agreement you may contact us at:
13505 S. Mur-len
Olathe, KS 66062