Elevated Media Inc End User License Agreement
Your use of this software, including any updates or support you may receive from us (collectively the “App“), is governed by this agreement between Elevated Media Inc (“Elevated Media”) and you. As used in this agreement, “you” refers to you as an individual and other individuals you allow to access or use the App on your computer, and any legal entity you control, work for, or represent when you access or use the App. The terms “Elevated Media Inc”, “us” and “we” refer to Elevated Media Inc, and our affiliated companies and authorized distributors and resellers.
By installing and using the App, you accept this agreement. If you do not accept this agreement, do not install or use the App and you may make no use of the App.
1. Licensed Use Rights
If you comply with this agreement, you may install and use the App for your personal, non-commercial use.
2. Other License Limitations
The App is licensed, not sold. The App is protected by copyright and other intellectual property laws and treaties. This agreement only gives you limited rights to use the App. Elevated Media Inc reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the App only as expressly permitted in this agreement. In doing so, you must comply with technical limitations in the App that only allow you to use it in certain ways. You may not:
- work around the technical limitations in the App;
- reverse engineer, decompile or disassemble the App, except and only to the extent that applicable law expressly permits, despite this limitation;
- install on more computers or make more copies of the App than specified in this agreement or allowed by applicable law, despite this limitation;
- publish the App for others to copy;
- distribute the App to any third party;
- rent, lease or lend the App; or
- transfer the App or this agreement to any third party.
4. Your Feedback
If you give feedback about the App to Elevated Media Inc, you give to Elevated Media Inc, without charge, the right to use that feedback for any purpose. You will not give feedback subject to a license that requires Elevated Media Inc to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
5. U.S. Government Restricted Rights
The App and its accompanying documentation are deemed commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 “Commercial Computer Software – Restricted Rights” and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation”, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the App by the U.S. Government shall be solely pursuant to this agreement.
6. Export Restrictions
The App is subject to U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the App. These laws include restrictions on destinations, end users and end use. You agree not to export the App to any prohibited country, entity, or person for which an export license or other governmental approval is required.
You may terminate this agreement by uninstalling the App and removing copies from your computer. If you do not comply with this agreement, Elevated Media Inc may terminate your right to access and use to the App and this agreement. We may discontinue or alter aspects of the App and services accessible through the App without prior notice to you.
8. DISCLAIMER OF WARRANTIES
THE APP IS LICENSED “AS-IS” AND DEFECTS MAY CAUSE IT TO NOT FUNCTION PROPERLY. ALTHOUGH NOT INTENDED, AS WITH ALL COMPUTER SOFTWARE, IT IS POSSIBLE A DEFECT COULD CAUSE YOUR COMPUTER TO FUNCTION IMPROPERLY AND/OR LOSS OF DATA. YOU BEAR THE RISK OF USING THE APP ON YOUR EQUIPMENT. ELEVATED MEDIA INC GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. TO THE FULL EXTENT PERMITTED BY LAW, ELEVATED MEDIA INC EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.ELEVATED MEDIA INC MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS REGARDING OR RELATING TO ANY OF THE CONTENT AND SERVICES ACCESSIBLE THROUGH THE APP, INCLUDING THOSE PROVIDED TO ELEVATED MEDIA INC BY THIRD PARTIES AND HEREBY SPECIFICALLY DISCLAIMS ANY CLAIM IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH ANY CONTENT OR SERVICES PROVIDED THROUGH THE APP.
9. LIMITATION ON AND EXCLUSION OF DAMAGES
ELEVATED MEDIA INC’S LIABILITY UNDER THIS AGREEMENT IS LIMITED. YOU CANNOT RECOVER ANY DAMAGES, INCLUDING DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. THIS LIMITATION APPLIES TO ALL CLAIMS RELATED TO THE APP, INCLUDING WITHOUT LIMITATION CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW. IT ALSO APPLIES EVEN IF ELEVATED MEDIA INC KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, ELEVATED MEDIA INC’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
10. Applicable Law; Forum
Washington state law governs interpretation of this agreement and applies to claims for its breach, regardless of conflict of laws principles. You agree that any lawsuit filed to resolve any claim with us arising out of or relating to the App and this agreement will be brought exclusively in a state or federal court in King County, Washington and you agree to submit to the personal jurisdiction of such courts for such claims.
11. Entire Agreement; Severability
This Agreement constitutes a complete and exclusive statement of the terms of the agreement between the parties regarding its subject matter. We reserve the right to review and revise this agreement from time to time without prior notice and, by using the App subsequent to any revision of this agreement, you agree to be bound by such changes. If any provision of this agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) such provision will remain in effect if it is not invalid or unenforceable; and (c) such invalidity or unenforceability will affect no other provision of this agreement.