End-User License Agreement
End-User License Agreement (“Agreement”)
Last updated: June 27th, 2022
Please read this End-User License Agreement (“Agreement”)
carefully before using Connect Library (“Website
and/or Application”).
By downloading or using the Connect
Library, you are agreeing to be bound by the terms and conditions of this
Agreement.
This Agreement is a legal agreement between you (either an
individual or a single entity) and Connect Library and how it governs your use
of the Application made available to you by MOWABE Inc.
If you do not agree to the terms of this Agreement, do not use the Application.
The Application is licensed, not sold, to you by Connect Library
for use strictly in accordance with the terms either you or your organization
defined in the End-User License Agreement (EULA).
License
Upon registration for the license of Connect Library in
accordance with the EULA, Connect Library grants you a revocable,
non-exclusive, non-transferable, limited license to install and use the
Application.
Restrictions
You agree not to, and you will not permit others to:
license, sell, rent, lease, assign, distribute, transmit, host,
outsource, disclose or otherwise commercially exploit the Application or make
the Application available to any third party without a distribution license
from Connect Library, copy or use the Application for any purpose other than as
permitted under the above section ‘License’ and the EULA, modify, make
derivative works of, disassemble, decrypt, reverse compile or reverse engineer
any part of the Application.
remove, alter or obscure any
proprietary notice (including any notice of copyright or trademark) of Connect
Library or its affiliates, partners, suppliers or the licensors of the
Application.
Intellectual Property
The Application, including without limitation all copyrights,
patents, trademarks, trade secrets and other intellectual property rights are,
and shall remain, the sole and exclusive property of Connect Library.
Your Suggestions
Any feedback, comments, ideas, improvements, or suggestions
(collectively, “Suggestions”) provided by you to Connect Library with respect
to the Application shall remain the sole and exclusive property of Connect
Library.
Connect Library shall be free to use, copy, modify, publish, or
redistribute the Suggestions for any purpose and in any way without any credit
or any compensation to you.
Modifications to Application
Connect Library reserves the right to modify, suspend or
discontinue, temporarily or permanently, the Application or any service to
which it connects, with or without notice and without liability to you.
Updates to Application
Connect Library may from time to time provide
enhancements or improvements to the features/functionality of the
Application, which may include patches, bug fixes, updates, upgrades
and other modifications (“Updates”).
Updates may modify or delete certain features and/or
functionalities of the Application. You agree that Connect Library has no
obligation to (i) provide any Updates, or (ii)
continue to provide or enable any particular features and/or
functionalities of the Application to you.
You further agree that all Updates will be (i)
deemed to constitute an integral part of the Application, and (ii) subject
to the terms and conditions of this Agreement.
Third-Party Services
The Application may display, include or make available
third-party content (including data, information, applications and other
products services) or provide links to third-party websites or services
(“Third-Party Services”).
You acknowledge and agree that Connect Library shall not be
responsible for any Third-Party Services, including their accuracy,
completeness, timeliness, validity, copyright compliance, legality,
decency, quality, or any other aspect thereof. Connect Library does not assume
and shall not have any liability or responsibility to you or any other person
or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a
convenience to you and you access and use them
entirely at your own risk and subject to such third parties’ terms and
conditions.
Privacy Policy
Connect Library collects, stores, maintains, and shares
information about you in accordance with its Privacy Policy, which is available
at https://connectlibrary.com/privacy-policy. By accepting this Agreement, you acknowledge
that you hereby agree and consent to the terms and conditions of our Privacy
Policy.
Term and Termination
This Agreement shall remain in effect until terminated by you or
Connect Library.
Connect Library may, in its sole discretion, at any time and for
any or no reason, suspend or terminate this Agreement with or without prior
notice or in accordance to the EULA.
This Agreement will terminate immediately, without prior notice
from Connect Library, in the event that you
fail to comply with any provision of this Agreement. You may also terminate
this Agreement by deleting the Application and all copies thereof from your
devices.
Upon termination of this Agreement, you shall cease all use of
the Application and delete all copies of the Application from your devices.
Termination of this Agreement will not limit any of Connect
Library’s rights or remedies at law or in equity in case of breach by you
(during the term of this Agreement) of any of your obligations under the
present Agreement.
Indemnification
You agree to indemnify and hold Connect Library and its parents,
subsidiaries, affiliates, officers, employees, agents, partners
and licensors (if any) harmless from any claim or demand, including reasonable
attorneys’ fees, due to or arising out of your: (a) use of the Application; (b)
violation of this Agreement or any law or regulation; or (c) violation of any
right of a third party.
No Warranties
The Application is provided to you “AS IS” and “AS AVAILABLE”
and with all faults and defects without warranty of any kind. To the maximum
extent permitted under applicable law, Connect Library, on its own behalf and
on behalf of its affiliates and their respective licensors and service
providers, expressly disclaims all warranties, whether express, implied,
statutory or otherwise, with respect to the Application, including all implied
warranties of merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of dealing,
course of performance, usage or trade practice. Without limitation to the foregoing,
Connect Library provides no warranty or undertaking, and makes no
representation of any kind that the Application will meet your requirements,
achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without
interruption, meet any performance or reliability standards or be error free or
that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Connect Library nor any Connect
Library’s providers make any representation or warranty of any kind, express
or implied: (i) as to the operation or
availability of the Application, or the information, content, and materials or
products included thereon; (ii) that the Application will be uninterrupted or
error-free; (iii) as to the accuracy, reliability, or currency of any
information or content provided through the Application.
Some jurisdictions do not allow the exclusion of or limitations
on implied warranties or the limitations on the applicable statutory rights of
a consumer, so some or all of the above exclusions and limitations
may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire
liability Connect Library and any of its suppliers under any provision of this
Agreement and your exclusive remedy for all of the
foregoing shall be limited to the amount actually paid by you for the
Application.
To the maximum extent permitted by applicable law, in no event
shall Connect Library or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not limited
to, damages for loss of profits, for loss of data or other information, for
business interruption, for personal injury, for loss of privacy arising out of
or in any way related to the use of or inability to use the Application,
third-party software and/or third-party hardware used with the Application, or
otherwise in connection with any provision of this Agreement), even if Connect
Library or any supplier has been advised of the possibility of such damages and
even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable
or invalid, such provision will be changed and interpreted to accomplish the
objectives of such provision to the greatest extent possible under applicable
law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to
require performance of an obligation under this Agreement shall not affect a
party’s ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute waiver of any
subsequent breach.
Amendments to this Agreement
Connect Library reserves the right, at its sole discretion, to
modify or replace this Agreement at any time. If a revision is material, we
will provide at least 15 days’ notice prior to any new terms taking
effect. What constitutes a material change will be determined at our sole
discretion.
By continuing to access or use our application after any
revisions become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, you are no longer authorized to use the
Application.
Governing Law
The laws of California, United States of America, excluding its
conflicts of law rules, shall govern this Agreement and your use of the
Application. Your use of the Application may also be subject to other local,
state, national, or international laws.
Contact Information
If you have any questions about this Agreement, please contact
us at [email protected].
Entire Agreement
The Agreement constitutes the entire agreement between you and Connect
Library regarding your use of the Application and supersedes all prior and
contemporaneous written or oral agreements between you and Connect Library.
You may be subject to additional terms and conditions that apply
when you use or purchase other Connect Library’s services/products, which Connect
Library will provide to you at the time of such use or purchase.