This End User License Agreement (EULA) is between CodePinch LLC and you for CodePinch products and services, which may include software, code, mobile applications, associated media, printed materials, online or electronic documentation (collectively, “CodePinch”). By downloading, installing, copying, or otherwise using CodePinch, you agree to be bound by the terms of this EULA.
CodePinch is licensed, not sold, to you for use only under the terms of this license. CodePinch reserves all rights not expressly granted to you.
1. Scope of License. This license granted to you is limited to a non-transferable license to use CodePinch on any website or webserver (collectively, "webserver") owned or controlled by you. You may not distribute or make CodePinch available over a network where it could be used by multiple webservers at the same time. You may not rent, lease, lend, sell, redistribute or sublicense CodePinch. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of CodePinch, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with CodePinch). Any attempt to do so is a violation of the rights of CodePinch and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by CodePinch that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Consent to Use of Data. You agree that CodePinch may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any). CodePinch may use this information to improve its products or to provide services or technologies to you.
3. Termination. The license is effective until terminated by you or CodePinch. Your rights under this license will terminate automatically without notice from CodePinch if you fail to comply with any term of this license. Upon termination of the license, you shall cease all use of CodePinch, and destroy all copies, full or partial, of CodePinch. You may request refund for the remaining balance if the license was purchased within 30 days from the time of termination.
4. Services; Third Party Materials. CodePinch may enable access to CodePinch’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service.
You agree that Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that CodePinch is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
CodePinch, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will CodePinch be liable for the removal of or disabling of access to any such Services. CodePinch may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
5. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF CODEPINCH IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CODEPINCH AND ANY SERVICES PERFORMED OR PROVIDED BY CODEPINCH ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CODEPINCH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO CODEPINCH AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CODEPINCH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF CODEPINCH, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, CODEPINCH WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF CODEPINCH OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN CODEPINCH OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CODEPINCH OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD CODEPINCH OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CODEPINCH BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE CODEPINCH, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CODEPINCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall CodePinch’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Other Limitations. You may not use or otherwise export or re-export CodePinch except as authorized by United States law and the laws of the jurisdiction in which CodePinch was obtained. In particular, but without limitation, CodePinch may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using CodePinch, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
8. Miscellaneous. The laws of the State of North Carolina, excluding its conflicts of law rules, govern this license and your use of CodePinch. Your use of CodePinch may also be subject to other local, state, national, or international laws. The state and federal courts situated in Mecklenburg County, North Carolina, shall have sole and exclusive jurisdiction of any dispute arising out of or concerning the interpretation or enforcement of this license.