End User License Agreement

[Effective date: June 10, 2019]

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (“LICENSE AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE (AS DEFINED BELOW). FIGLEAF APP INC. (“FIGLEAF”) IS WILLING TO LICENSE THE SOFTWARE TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE UTILIZING THE SOFTWARE (REFERENCED BELOW AS “YOU” OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND FIGLEAF. BY OPENING THIS PACKAGE, BREAKING THE SEAL, CLICKING THE “I AGREE” OR “YES” BUTTON OR OTHERWISE INDICATING ASSENT ELECTRONICALLY, OR LOADING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE “CANCEL” OR “NO” OR “CLOSE WINDOW” BUTTON OR OTHERWISE INDICATE REFUSAL, MAKE NO FURTHER USE OF THE SOFTWARE.

  1. License. The software program (including any accompanying features and services) and documentation (including any product packaging) (the “Documentation”), that accompanies this License Agreement (collectively the “Software”) is the property of Figleaf or its licensors, and is protected by copyright law. Although Figleaf continues to own the Software, after Your acceptance of this License Agreement You will have certain rights to use the Software on a computer, mobile or mobile computing device (a “Device”) during the Service Period. The “Service Period” shall be the period for which You have obtained the rights to use the Software as described in this License Agreement from Figleaf or of its licensees (“Service Provider”). The Software may automatically deactivate and become non-operational at the end of the Service Period, and You will not be entitled to receive any feature or content updates to the Software unless the Service Period is renewed. This License Agreement governs any releases, revisions, updates or enhancements to the Software made available to You. Except as may be modified by the Documentation, and subject to Figleaf’s right to terminate for Your breach of this License Agreement, Your rights, and obligations with respect to the use of this Software are as follows: During the Service Period, You may: A. use one copy of the Software on a single Device. If a greater number of copies and/or number of Devices is specified within the Documentation or the applicable transaction documentation from the Service Provider from which You obtained the Software, You may use the Software in accordance with such specifications; B. make one copy of the Software for back-up or archival purposes, or copy the Software onto the hard disk of Your Device and retain the original for back-up or archival purposes. C. You shall not, and you shall not cause or allow any third party to:
    1. (i) decompile, disassemble or reverse-engineer the Software; or create or recreate the source code for the Software;
    2. (ii) remove, erase, obscure, or tamper with any copyright or any other product identification or proprietary rights notices, seal, or instructional label printed or stamped on, affixed to, or encoded or recorded in or on the Software;
    3. (iii) lease, lend, loan, use for timesharing, sell, resell, charge for, market, license, sublicense, distribute, or otherwise grant to any person or entity any right to the Software without our prior written consent, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void;
    4. (iv) use the Software: (a) to provide, alone or in combination with any other software, product or service, any software/product/service to any person or entity, whether on a fee basis or otherwise; (b) on websites where you have agreed "not to use any ad blocking solutions", for instance by agreeing to the Terms of Services on the respective websites; (c) to circumvent technological measures that control access to websites;
    5. (v) repackage, modify, adapt, tamper with, alter, translate, or create derivative works of the Software;
    6. (vi) combine or merge any part of the Software with or into any other software or documentation, or refer to or otherwise use the Software as part of an effort to develop software (including, without limitation, any routine, script, code, or program) having any functional attributes, visual expressions, or other features similar to those of the Software or to compete with Figleaf;
    7. (vii) except with Figleaf’s prior written permission, publish any performance or benchmark tests or analysis relating to the Software.
  2. Limited Warranty. Figleaf warrants that any media manufactured by Figleaf on which the Software is distributed will be free from defects for a period of sixty (60) days from the date of delivery of the Software to You. Your sole remedy in the event of a breach of this warranty will be that Figleaf will, at its option, replace any defective media returned to Figleaf within the warranty period or refund the money You paid for the Software. Figleaf does not warrant that the Software will meet Your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. Functions and features are subject to change without notice after installation by the user. All users must accept all changes that are made to the Product, which may include the inability to continue using a feature or function if FigLeaf App Inc. elects, in its sole discretion, to discontinue it.
  3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
  4. DISCLAIMER OF DAMAGES. SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT, WILL FIGLEAF OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF FIGLEAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL FIGLEAF OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE PRICE WHICH YOU PAID FOR THE APPLICABLE SERVICE PERIOD. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER YOU ACCEPT THE SOFTWARE.
  5. U.S. Government Restricted Rights. For U.S. Government procurements, the Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software-Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of this License Agreement.
  6. Export Regulation. You acknowledge that the Software and related technical data and services (collectively "Controlled Technology") may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All Figleaf product is prohibited for export or re-export to Cuba, North Korea, Iran, Syria, and Sudan and to any country subject to relevant trade sanctions. USE OR FACILITATION OF FIGLEAF PRODUCT IN CONNECTION WITH ANY ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE DESIGN, DEVELOPMENT, FABRICATION, TRAINING, OR TESTING OF CHEMICAL, BIOLOGICAL, OR NUCLEAR MATERIALS, OR MISSILES, DRONES, OR SPACE LAUNCH VEHICLES CAPABLE OF DELIVERING WEAPONS OF MASS DESTRUCTION IS PROHIBITED, IN ACCORDANCE WITH U.S. LAW.
  7. Venue. The sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in the County of Santa Clara, State of California.
  8. General. This License Agreement will be governed by the laws of the State of California, United States of America. This License Agreement is the entire agreement between You and Figleaf relating to Your usage of the Software and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties unless expressly provided otherwise. Notwithstanding the foregoing, nothing in this License Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract. Figleaf may terminate this License Agreement if You breach any term contained in this License Agreement (other than a trivial or inconsequential breach) and, if such termination occurs, You must cease use of and destroy all copies of the Software and Documentation. The disclaimers of warranties and damages and limitations on liability shall survive and continue to apply after termination. This License Agreement may only be modified by the Documentation or by a written document that has been signed by both You and Figleaf. Should You have any questions concerning this License Agreement, or if You desire to contact Figleaf for any reason, please email support@figleaf.com or write to FigLeaf App Inc. at 251 Little Falls Drive, City of Wilmington 19808, Country of New Castle, Delaware. Additional terms and conditions. Your use of the Software is subject to the terms and conditions below in addition to those stated above. Except as provided in the GDPR or applicable law. Figleaf shall be under no obligation under this License Agreement if the failure to perform such obligation is due to any event beyond control of Figleaf, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
  9. Open-Source Software. The Software may include components (including, without limitation, programs, applications, tools, utilities, libraries, and other programming code) that are made available from third parties under a free or open source software licensing model (hereinafter “Open-Source Code”). The Open-Source Code components that are included with the Software are redistributed by Figleaf under the terms of the applicable Open-Source Code license for such component. Your receipt of Open-Source Code components from Figleaf under this License Agreement neither enlarges nor curtails your rights or obligations defined by the Open-Source Code license applicable to the Open-Source Code component. Copies of the Open-Source Code licenses for the Open-Source Code components that are included with the Software are included with or referenced in the Software’s Documentation.
  10. Under the terms of this agreement the data you share with us and the privacy of that data is governed by our Privacy Policy, this policy is subject to change at any time. The most current version of Privacy Policy can always be found at https://figleaf.com/privacy-policy.