FBmatic Free Facebook Marketing Software 1.0.1

EULA - End User License Agreement

LIMITATION OF LIABILITY: YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER Software4InternetMarketing NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, BUSINESS AND PROMOTIONAL PARTNERS, OPERATIONAL SERVICE PROVIDERS, SUPPLIERS, RESELLERS AND CONTRACTORS SHALL, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM ANY DISTRIBUTION OR USE OF THE SOFTWARE OR OTHERWISE IN CONNECTION WITH THIS TSDA. YOU FURTHER ACKNOWLEDGE AND AGREE YOUR SOLE RIGHT AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE ASSOCIATED WITH THE SOFTWARE OR THIS TSDA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCTS OR U.S. $5.00.
GOVERNING LAW AND INTERPRETATION: This TSDA and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the substantive law of the State of California applicable to contracts wholly made and to be performed within the State of California. You agree to irrevocably submit to the sole and exclusive jurisdiction of the courts of California State and the Federal courts of the District of San Francisco, situated in the City and County of San Francisco and State of California. You further irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that California is an inconvenient forum. No amendment, modification, waiver or discharge of any provision of this TSDA shall be valid unless made in writing and signed by an authorized representative of Software4InternetMarketing. No failure or delay by Software4InternetMarketing to exercise any right or enforce any obligation shall impair or be construed as a waiver or on-going waiver of that or any or other right or power, unless made in writing and signed by Software4InternetMarketing. If any provision of this TSDA is held to be illegal, invalid or unenforceable, the remaining provisions of this TSDA shall be unimpaired and remain in full force and effect.
ENTIRE AGREEMENT: This TSDA (including any addendum or amendment to this TSDA which is included with the Product) are the entire agreement between you and Software4InternetMarketing, Inc. relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this TSDA. To the extent the terms of any Software4InternetMarketing, Inc. policies or programs for support services conflict with the terms of this TSDA, the terms of this TSDA shall control.
COPYRIGHT AND INTELLECTUAL PROPERTY: Software4InternetMarketing products and services, including but not limited to our Software, Books, PDFs, and Web Services, are protected by copyright and other intellectual property laws and treaties. Software4InternetMarketing directly or indirectly owns all right, title and interest in and to those products and services including, without limitation, all intellectual and proprietary rights appurtenant thereto, and nothing in this TSDA shall be construed to transfer, convey, impair or otherwise adversely affect Software4InternetMarketing's ownership or proprietary rights therein or any other Software4InternetMarketing information or materials, tangible or intangible, in any form and in any medium.