Third Party Terms and Conditions - Bitvore Corp.
For the purpose of these Third Party Terms and Conditions, “Services” shall mean Bitvore Corp.’s Bitvore for Munis and Bitvore News; “Customer” shall mean Licensee; “Customer Agreement” shall mean the Agreement; and “Reseller” shall mean Licensor.
LICENSOR provides LICENSEE with access to certain data (the “Services” provided by Bitvore Corp. (“Bitvore” or “Supplier”) under the terms of the Agreement. In connection with receipt and use of the Services, LICENSEE agrees as follows:
THE SERVICES ARE PROVIDED “AS IS” AND RESELLER AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY, CONDITION OR REPRESENTATION (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR SELECTING THE SERVICES TO ACHIEVE ITS INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SERVICES. WITHOUT LIMITING THE FOREGOING, RESELLER MAKES NO WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS.
- Use of Services. The license grant for the Services will be limited to a non-exclusive, non-transferable license to use the Services, solely in the form provided by Bitvore, and solely for Customer’s internal business purposes.
- Transfer of Services. The Customer Agreement prohibits the (a) transfer or assignment of the Services from the Customer or any other party; and (b) lending, lease and rental of the Services.
- Reverse Engineering. The Customer is prohibited from: (a) the reverse engineering, disassembly or decompilation of the Services, and (b) duplication of the Services except for a single backup or archival copy;
- Warranty and Disclaimer. Reseller does not make any warranties on behalf of Bitvore. The Customer Agreement disclaims all liability or obligations of Bitvore to the Customer for any breach of warranty provided by Reseller. Warranty:
- Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL RESELLER OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO CUSTOMER OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Supplier as a Third Party Beneficiary. Bitvore is a third party beneficiary of the Customer Agreement to the extent necessary to enforce its rights in the Services.