Updated on September 19th, 2005
This Agreement ("Agreement") is by and between LynxMark, Inc. (" LynxMark ") a Tennessee Corporation and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of LynxMark software (â??Softwareâ??) and services (â??Servicesâ??) and explains LynxMark 's obligations to You and Your obligations to LynxMark in relation to the Software and Services You purchase.
By purchasing LynxMark's Software or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which LynxMark may establish from time to time, and any agreements that LynxMark is currently bound by or will be bound by in the future. You may view the latest version of this on our website at www.lynxmark.com.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with LynxMark, whether or not the transactions were in Your behalf.
Use of Software and Services
As a condition of Your use of LynxMark's Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to LynxMark if, for any reason, LynxMark takes corrective action with respect to Your improper or illegal use of its Services.
LynxMark reserves the right at all times to disclose any information as LynxMark deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LynxMark 's sole discretion.
Intellectual Property
You agree that LynxMark holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest to LynxMark's Intellectual Property Rights is transferred to You and You agree to make no claim of interest in any LynxMark Services or Software.
You understand and agree that all content and materials contained in this Agreement, other policies, the LynxMark Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that LynxMark expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of LynxMark. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.
Use of LynxMark Software
If You have licensed software from LynxMark, LynxMark grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the Software.
You agree You are not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
LynxMark reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of LynxMark. The source code and its organization are the exclusive property of LynxMark and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software and all rights are reserved by LynxMark.
LynxMark provides this Software â??as isâ?? without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
Limitation of Liability
IN NO EVENT SHALL LYNXMARK BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF LynxMark HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, LynxMark's liability is limited to the full extent permitted by law. You agree that in no event shall LynxMark's maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from LynxMark.