rMoveTM License Agreement
By downloading or using this software application or accompanying documentation, you agree to the following terms and conditions.
Use. As a condition to use the Application, You agree (1) to only use the Application as intended and consistent with the Project-Specific Documentation, and (2) to not use the Application for any purpose that is prohibited or inconsistent with the intended and described use. By way of example, and not as a limitation, the following are prohibited uses:
- infringing or violating the intellectual property rights or any other rights of any other person or entity;
- violating any law or regulation;
- decompiling, reverse engineering, or otherwise attempting to obtain the source code or underlying ideas or information of or relating to the Application;
- uses that are harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, pornographic, or otherwise objectionable.
After installation, the Application will only collect your information for one project. If you wish to participate in another project, you will need to delete the Application from your device and reinstall.
No Warranties. The Application is provided on an ‘AS IS’ basis and, to the maximum extent permitted by applicable law, WITH ALL FAULTS, and the authors and developers of this Application and RSG hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THIS MATERIAL.
Changes to the Application. RSG reserves the right to modify or discontinue the Application (in whole or in part) at any time.
Changes to the Terms of this Agreement. RSG reserves the right to amend the terms of this Agreement at any time, but if we do, we will bring it to Your attention by sending a notice via the Application, by sending You an email, and/or by some other means. If You don’t agree with the amended terms, You are free to reject them; unfortunately, that means You will no longer be able to use the Application. If You use the Application in any way after a change to the terms of this Agreement is effective, that means You agree to all of the changes. Except for changes by RSG as described herein, no other amendment or modification of this Agreement will be effective unless in writing and signed by both parties.
Limitation of Liability. IN NO EVENT WILL RSG, ANY AUTHOR, DEVELOPER, LICENSOR, OR DISTRIBUTOR OF THIS MATERIAL, OR THE WEB SERVICES INTEROPERABILITY ORGANIZATION BE LIABLE TO ANY OTHER PARTY FOR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES WHETHER UNDER CONTRACT, TORT, WARRANTY, OR OTHERWISE, ARISING IN ANY WAY OUT OF THIS OR ANY OTHER AGREEMENT OR POLICY RELATING TO THIS MATERIAL, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
Intellectual Property Rights. This Application contains proprietary content, information and material that is owned by RSG and/or its clients and that is protected by applicable intellectual property and other laws, including but not limited to copyright. 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 Application, in any manner.
Indemnification. You agree to defend, indemnify and hold RSG, our officers, directors, employees and agents harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of the Application; (ii) Your violation of any term of this Agreement; (iii) Your violation of any third party rights, including without limitation any intellectual property rights or privacy right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the Application. This defense and indemnification obligation will survive this Agreement.
General. If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
The failure of either party to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights.
Except as specifically provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy, at law or in equity.
Your rights under this Agreement shall terminate if You fail to comply with any of the material terms or conditions of this Agreement and do not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Your rights under this Agreement terminate, You agree to cease use of the Application and any derivative works thereof immediately.
Applicable Law. This Agreement shall be governed by, and construed in accordance with, the laws of the state of Vermont, without regard to conflict of laws principles. Legal proceedings, if any, shall be subject to the exclusive jurisdiction of the courts of Vermont.
Assignment. RSG may assign this Agreement to any successor to all or substantially all of its business which concerns this Agreement (whether by sale of assets or equity, merger, consolidation or otherwise). Consistent with the License Grant section above, You may not assign or transfer Your interest in this Agreement or in the Application.
Notices. Any notice or communication hereunder shall be in writing and either personally delivered or sent electronically or recognized express delivery courier or certified or registered mail, prepaid and return receipt requested, addressed to the other party at its address specified in this Agreement or in the Application, or at such other address designated in a subsequent notice. All notices shall be in English, effective upon receipt.
Independent Contractors. The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.