This End User License Agreement (“EULA”) is a legal agreement between you and Global RCG Inc., Inc. (“Global RCG Inc.”) for the software application provided by Global RCG Inc. to use the Services (as defined in the applicable Terms) (“Application”). The terms used but not defined in this EULA will have the meanings set forth in the Global RCG Inc. Terms and Conditions of Use under which your account was created (“Terms”). Your use of the Application, and any future release, update, or other addition to the functionality thereof, and the Services is also governed by the Terms and in the event that this EULA conflicts with the Terms, the Terms govern.
PLEASE READ THIS SOFTWARE END-USER LICENSE AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SOFTWARE YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SOFTWARE. YOU HEREBY AGREE TO THE USE OF ELECTRONIC COMMUNICATION TO ENTER INTO BINDING CONTRACTS. TO THE EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER THE LAWS OR REGULATIONS OF ANY JURISDICTION WHICH REQUIRES AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS.
1. License
Subject to the terms of this EULA, Global RCG Inc. grants to you a limited, nontransferable, and nonexclusive license (without the right to sublicense) to execute the Application, in executable object code form only, solely (a) on a device that you own or control, and (b) for your use of the Service, in each case for your personal, non-commercial purposes. The Application is licensed to you, not sold, under this EULA. There are no implied licenses in this EULA.
2. Restrictions
You agree not to, and you will not permit others to, (a) license, sell, rent, lease, transfer, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party, (b) copy or use the Application for any purpose other than as permitted in Section 1, or (c) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Application.
3. Ownership
The Application and all worldwide copyrights, trade secrets, and other intellectual property rights therein, are the exclusive property of Global RCG Inc. and its licensors. Global RCG Inc. and its licensors reserve all rights in and to the Application not expressly granted to you in this EULA.
4. Term and Termination
This EULA and the license granted hereunder are effective on the date you first download the Application and shall continue unless this EULA is terminated. This EULA will terminate automatically without notice from Global RCG Inc. if you fail to comply with any terms of this EULA. You may terminate this EULA effective immediately upon written notice to Global RCG Inc.. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the Application, but the terms of Sections 2 and 3 through 10 (inclusive) will remain in effect after any such termination.
5. Warranty Disclaimer
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, Global RCG Inc. PROVIDES THE APPLICATION “AS-IS” AND AS TO YOU DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. Global RCG Inc. DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE APPLICATION. Global RCG Inc. MAKES NO WARRANTY THAT THE APPLICATION WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE
6. Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, (A) Global RCG Inc. WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES RELATING TO THE APPLICATION OR THIS EULA, EVEN IF Global RCG Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) Global RCG Inc.’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE APPLICATION AND THIS EULA, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. Global RCG Inc. DISCLAIMS ALL LIABILITY OF ANY KIND OF Global RCG Inc.’S SUPPLIERS.
7. Export Compliance
The Application and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Application and related technology, as may be required. You will indemnify and hold Global RCG Inc. harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including, but not limited to, attorney’s fees) arising from or relating to any breach by you of your obligations under this section.
8. General
Neither the rights nor the obligations arising under this EULA are assignable by you, and any such attempted assignment or transfer shall be void and without effect. Global RCG Inc. may freely assign this EULA. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this EULA. Any notice to you may be provided by email to the address you have registered with Global RCG Inc.. Global RCG Inc. will have no responsibility to provide maintenance or support services with respect to the Application. If any provision of this EULA is unenforceable, such provision will be interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. All waivers by Global RCG Inc. will be effective only if in writing. Any waiver or failure by Global RCG Inc. to enforce any provision of this EULA on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You acknowledge that the Application contains valuable trade secrets and proprietary information of Global RCG Inc., that any actual or threatened breach of Section 2 of this EULA will constitute immediate, irreparable harm to Global RCG Inc. for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. This EULA and the Terms constitute the final, complete, and exclusive agreement between the parties regarding the Application and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral.
9. Changes
We may amend this EULA from time to time. If we make material changes to this EULA, we will notify you by posting the change on the Global RCG Inc. Service or sending you an e-mail at your primary email address, as specified in your Account. Any changes to this EULA will be effective immediately for new users of our Application; otherwise these changes will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of a notice on the Services. You are responsible at all times for updating your Account to provide to us your most current e-mail address. If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes. Continued use of our Application following notice of such changes shall indicate your acknowledgement of, and EULA to be bound by, such changes. Except as otherwise provided in this EULA, no amendment to this EULA will be valid unless in a writing hand-signed by the parties.
10. Questions or Additional Information
If you have questions regarding this EULA, or wish to obtain additional information, please send an e-mail to support@Global RCG Inc..com or write us at:
Global RCG Inc., Inc.
12 W Market St
Suite 220
Salt Lake City, UT 84101
iTunes Addendum:
General
The following additional terms and conditions apply to you if you are using the Application from iTunes. To the extent the other terms and conditions of this EULA are less restrictive than, or otherwise conflict with, the terms and conditions of this Addendum, the more restrictive or conflicting terms and conditions in this Addendum apply, but solely with respect to the Application from iTunes.
Acknowledgement:
Global RCG Inc. and you acknowledge that this EULA is concluded between Global RCG Inc. and you only, and not with Apple, and Global RCG Inc., not Apple, is solely responsible for the Application and the content thereof. To the extent this EULA provides for usage rules for the Application that are less restrictive than the usage rules set forth for the Application in, or otherwise is in conflict with, the iTunes Terms of Service, the more restrictive or conflicting Apple term applies.
Scope of License:
The license granted to you for the Application is limited to a non-transferable license to use the Application on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the iTunes Terms of Service.
Maintenance & Support:
Global RCG Inc. is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this EULA (if any), or as required under applicable law. Global RCG Inc. and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Warranty:
Global RCG Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Global RCG Inc.’s sole responsibility.
Product Claims:
Global RCG Inc. and you acknowledge that Global RCG Inc., not Apple, is responsible for addressing any claims of you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This EULA does not limit Global RCG Inc.’s liability to you beyond what is permitted by applicable law.
Legal Compliance:
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name & Address:
As provided in Section 10 of the EULA.
Third Party Terms of Agreement:
You must comply with applicable third party terms of agreement when using the Application.
This Party Beneficiary:
Global RCG Inc. and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
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