End User License Agreement (EULA) (Oct 3rd 2021)
The software copy of the I-LIVE-ON.App (i.e. the downloadable I-LIVE-ON Application) as part of the I-LIVE-ON.System that also includes I-LIVE-ON.Com, I-LIVE-ON.Presentation, I-LIVE-ON.LifeStory, I-LIVE-ON.Portal, I-LIVE-ON.Backend, I-LIVE-ON Services (“the Software Product”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. I-LIVE-ON LLC or its subsidiaries, affiliates, and suppliers (collectively “I-LIVE-ON”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your” or “Customer” or “User”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”). I-LIVE-ON reserves the right to commence charging for the I-LIVE-ON.App in the future.
The I-LIVE-ON.Com website, I-LIVE-ON.App and associated I-LIVE-ON Services and I-LIVE-ON.System are operated under US (United States of America) laws. If you access the I-LIVE-ON.System website and associated services overseas then think of it as if you were visiting the US and ordering a service domestically within the US.
I-LIVE-ON may develop and change – as its Services mature, based on Customer and Market feedback improvements and developments to our Services. This may include modifications and evolution of this EULA document.
It is your responsibility to review and reread any update to this EULA (refer “Changes to Terms” Section below). The most current version of this EULA will supersede all previous versions, which includes the possible eventual transition from I-LIVE-ON LLC to I-LIVE-ON Corporation in the future.
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “Windows Version” or “MAC Version” DOWNLOAD “RADIO BUTTON” FROM THE WEBSITE AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT.
YOU AUTOMATICALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU DOWNLOAD THE SOFTWARE PRODUCT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT SELECT EITHER THE “Windows Version” or “MAC Version” DOWNLOAD “RADIO BUTTON” FROM THE WEBSITE AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-Customer network, or on any configuration or system of computers that allows multiple Customers.
The Software Product may not be sold or given away for free or enabled to be downloadable through any website or any other medium such as a CD etc. The Software Product is only available to be downloaded through the www.I-LIVE-ON.Com web domain.
Restrictions on Transfer
The Customer may not assign their rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer their rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one Customer or on more than one computer.
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations.
You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY I-LIVE-ON, I-LIVE-ON MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
I-LIVE-ON makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. I-LIVE-ON makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. I-LIVE-ON WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL I-LIVE-ON, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF I-LIVE-ON OR ANY OTHER PARTY, EVEN IF I-LIVE-ON IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS I-LIVE-ON’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by I-LIVE-ON to have been caused by you. All limited warranties on the Software Product are granted only to you and are nontransferable. You agree to indemnify and hold I-LIVE-ON harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Washington USA, without regard to Washington’s conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of I-LIVE-ON. Additionally, I-LIVE-ON reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If I-LIVE-ON is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Terms and Conditions Agreement
The Customer acknowledges that by downloading either the Windows or MAC Versions of the I-LIVE-ON.App that they have read and agree to the Terms and Conditions agreement of I-LIVE-ON as presented on its Website.
I-LIVE-ON and its Services are under development and being regularly updated.
Changes to Terms
I-LIVE-ON reserves the right, in its sole discretion, to change this EULA under which I-LIVE-ON is offering the software product. The most current version of the EULA will supersede all previous versions.
We will notify you about significant changes to the EULA by updating them on revised versions of this document. However, you will NOT BE personally notified – rather it is your responsibility to review the latest EULA that is posted on the I-LIVE-ON.Com Website. Your continued use of the I-LIVE-ON.App on your Windows PC Desktop / Laptop or MAC Desktop / Notebook, Website and / or Services available through this Website after such modifications will constitute your: (a) acknowledgment of the modified EULA; and (b) agreement to abide and be bound by the EULA.
I-LIVE-ON encourages you to periodically review the EULA to stay informed of our updates.