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Pokki – End User License Agreement

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Pokki – End User License Agreement POKKI – END USER LICENSE AGREEMENT THIS END USER LICENSE AGREEMENT ("AGREEMENT") GOVERNS YOUR USE OF THE POKKI WEB-CONNECTED DESKTOP APPLICATION ("POKKI APP" or "SOFTWARE") PROVIDED BY POKKI, INC. ("POKKI"). BY DOWNLOADING THIS SOFTWARE, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ("YOU" or "YOUR") ARE UNCONDITIONALLY AGREEING TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. YOUR USE OF THIS SOFTWARE SHALL ALSO CONSTITUTE ASSENT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD OR USE THIS SOFTWARE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. 1. LICENSE GRANT. Subject to compliance with all the terms of this Agreement, Pokki, Inc. hereby grants You a limited, personal, non-sublicenseable, non-transferable license to download, install and use (in executable form only) the Software solely for Your personal use and solely in accordance with any documentation that accompanies it. 2. LICENSE RESTRICTIONS. You agree not to, and agree not to permit anyone else to: (i) copy (except for a reasonable number of backup copies) or distribute the Software; (ii) modify, reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Software (except where the foregoing is required by applicable local law, and then only to the extent so permitted); or (iii) license, sell, rent, lease, transfer or host the Software or use the Software for timesharing or service bureau purposes. You shall not remove or obscure any proprietary notices on the Software, and shall reproduce such notices exactly on all permitted copies of the Software. In order to use this Software You must be 13 years of age or older. 3. OWNERSHIP. You acknowledge that all title, ownership rights, and intellectual property rights in and to the Software, and any copies or portions thereof, shall remain in Pokki and its suppliers or licensors. You understand that Pokki may modify or discontinue offering the Software at any time. The Software is protected by the copyright laws of the United States and international copyright treaties. You acknowledge that no rights are provided under this Agreement except as expressly granted herein. 4. CONNECTIONS TO OTHER SITES AND SERVICES. The Software has been designed as a platform to allow You to use the Software to interface with, link to and/or import functionality and content from various websites and services provided by third parties ("Third Party Services"). You are licensed to use the Software to access such Third Party Services only on the following conditions (and You hereby agree to abide by all such conditions): (a) Your access or use of the Third Party Services must be consistent with all applicable third party rights, terms and conditions, and may require that You accept additional terms of service or conditions for such access or use; (b) You acknowledge that Pokki is not responsible for any such third party content, websites, or services with respect to the Third Party Services; (c) You acknowledge that Pokki does not warrant or endorse, and does not assume and will not have liability to You or any other person for, any Third Party Services; and (d) You acknowledge that Your access or use of the Third Party Services may cause information to be shared among Your system and such Third Party Service in a manner not governed by the Pokki Privacy Policy and that Your rights with respect to privacy in such circumstances will be governed solely by the terms of service, if any, for such Third Party Service. You agree to and consent to the fact that the Software may cause Your system to automatically connect to Pokki systems for the purposes of locating and downloading updates to the Software or to enable functionality with respect to Third Party Services. You also acknowledge and agree that Pokki may stop (whether permanently or temporarily) access to certain Third Party Services without prior notice to You. 5. THIRD PARTY CODE. Portions of the code included in or with the Software contain or are derived from third party code ("Third Party Software"), including without limitation, open source software. ALL USE OF THIRD PARTY SOFTWARE IS SUBJECT TO AND GOVERNED BY THE RESPECTIVE LICENSES FOR THE THIRD PARTY SOFTWARE AVAILABLE AT http://www.pokki.com/r/?pokki-third-party-licenses , as it may change from time to time. 6. INTELLECTUAL PROPERTY; CONTENT. As a condition of Your use of the Software, You represent, warrant and covenant that You will not use the Software: (i) to infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) to violate any law, statute, ordinance or regulation; (iii) to disseminate information or materials in any form or format ("Content") that is infringing, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You acknowledge that all Content that You access through the Software is at Your own risk and You will be solely responsible for any damage to any party resulting therefrom. 7. SUPPORT AND UPGRADES; UPDATES. This Agreement does not entitle You to any support, upgrades, patches, enhancements, or fixes for the Software (collectively, "Support"). Any such Support for the Software that may be made available by Pokki shall become part of the Software and subject to this Agreement. You acknowledge and agree that the Software, or any Third Party Services provided through the Software, may change or be updated from time to time without prior notice to You. 8. WARRANTY DISCLAIMER. POKKI PROVIDES THE SOFTWARE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. 9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL POKKI OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE. POKKI LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO $50. THE FOREGOING WILL NOT APPLY TO DAMAGES FOR BODILY INJURY THAT, UNDER APPLICABLE LAW, CANNOT BE SO LIMITED. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF POKKI SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. 10. PRIVACY POLICY. You hereby agree to the Pokki Privacy Policy, made available online at http://www.pokki.com/r/?privacy-policy , as that policy may be changed from time to time. When Pokki changes such policy in a material way a notice will be posted on the website at http://www.pokki.com/r/?privacy-policy , and when any change is made in such policy, the updated policy will be posted at the link above or a successor link. Pokki recommends that You periodically check for the most current version of the policy. 11. DATA USAGE. In order to innovate and improve the Software, Pokki may automatically update the Software from time to time, and may collect certain data from the Software. You acknowledge that the Software contains automated reporting routines that will automatically identify and analyze certain aspects of installation, use and performance of the Software and provide reports to Pokki. Any data collected is examined in the aggregate and maintained and used in accordance with the Pokki Privacy Policy, further details of which are available online at http://www.pokki.com/r/?privacy-policy . 12. TERM AND TERMINATION. This Agreement shall continue until terminated as set forth in this section. You may terminate this Agreement at any time. Your rights under this Agreement will terminate automatically without notice to You if You violate any provision of this Agreement. Pokki may immediately terminate this Agreement at any time if Pokki determines that the Software or use thereof may result in infringement or violation of third party rights or claims thereof. Any termination of this Agreement shall also terminate the rights and licenses granted to You hereunder. Upon termination of this Agreement for any reason, You shall cease all use of the Software, and destroy or remove all copies of the Software. Pokki’s rights and Your obligations shall survive termination of this Agreement. 13. GOVERNMENT USE. If You are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Software is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Software is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the Software by the Government shall be governed solely by the terms of this Agreement. 14.
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