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End User License Agreement.
This End-User License Agreement ("License") is a legal agreement between you and Tri-Force Consulting Services, Inc. (“TRIFORCE”) for the MYSHALEWELL mobile software application, which includes computer software and may include associated media, and "online" or electronic documentation ("APPLICATION"). By installing, downloading, accessing or otherwise using the APPLICATION, you agree to be bound by the terms of this License.
This License grants you the following rights which shall apply during any trial period as well as the entire time period under which you are a subscribed End User:
After the APPLICATION is downloaded, you may purchase a license to continue running the APPLICATION at any time. If a license is not purchased by the end of any applicable trial period, you will no longer be able to use the APPLICATION. Payment for the APPLICATION to run on an Apple device such as an IPad or iPhone shall be made through the appropriate Apple website in accordance with the terms provided by Apple. Payment for the APPLICATION for any other device, and particularly any Android device, shall be made on the designated TRIFORCE website, which is currently, http://www.MyShaleWell.com. The terms of purchase and payment options for purchases made on the TRIFORCE website are set forth thereon.
All title and intellectual property rights in and to the APPLICATION (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the APPLICATION), the accompanying printed materials, and any copies of the APPLICATION are owned by TRIFORCE or its suppliers. All title and intellectual property rights in and to the content and the trademarks and service marks incorporated therewith which may be accessed through use of the APPLICATION are the property of the respective owners and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. This License grants you no rights to use such content and trademarks. All rights not expressly granted are reserved by TRIFORCE.
If you are using the APPLICATION on behalf of any unit or agency of the United States Government, then you accept any license granted hereunder with limited rights data and restricted rights software as those terms are defined in Section 27.4 of the Federal Acquisition Regulation and any applicable agency supplements thereto.
You represent that entering into this license Agreement with TRIFORCE will not violate any applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations. You further represent that you are not currently debarred, suspended or otherwise prohibited or restricted from exporting, re-exporting, receiving, purchasing, processing or otherwise obtaining any item, product, article, commodity, software or technology regulated by any agency of the United States. Unless authorized by U.S. regulation or Export License, you will not export or re-export, directly or indirectly, any software or technology received from TRIFORCE, or allow the direct product thereof to be exported or re-exported, directly or indirectly, to (a) any country in Country Group E:2 of the Export Administration Regulations of the Department of Commerce (currently Libya and Cuba or any other country subject to sanctions administered by the Office of Foreign Assets Control (currently Iran, Iraq, Sudan, Syria, and the Taliban controlled areas of Afghanistan); or (b) any non-civil (i.e. military) end-users or for any non-civil end-users in any country in Country Group D: 1 of the Export Administration Regulations (currently Albania, Armenia, Azerbaijan, Belarus, Bulgaria, China (PRC), Cambodia, Estonia, Georgia, Kazakhstan, North Korea, Kyrgystan, Laos, Latvia, Lithuania, Macau, Moldova, Mongolia, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan and Vietnam). You further agree to be bound by any future modifications of the foregoing list of restricted destinations by amendments to the U.S. Export Administration Regulations or other U.S. government agencies. You agree to indemnify and hold harmless TRIFORCE from any costs, penalties or other losses caused by, or related to, any violation or breach of this provision.
This License sets forth the entire agreement, and supersedes any and all prior agreements between the parties regarding the subject matter hereof. No amendment of any provision of this License shall be effective unless set forth in a written instrument signed by the party to be bound thereby. Nothing contained in any purchase order or other document submitted by you shall in any way modify the terms of this License, unless there is a written agreement between TRIFORCE and you that specifically designates the scope of any modifications. Your rights hereunder may not be assigned or transferred, nor your obligations delegated, in whole or in part without the prior written consent of TRIFORCE. Written consent will not be unreasonably withheld. Any attempt to so assign, transfer or delegate such rights or obligations shall be voidable at TRIFORCE’s option and shall be cause for TRIFORCE to termination this License. In the event of any action to enforce this License, for interpretation or construction of this License or on account of any breach of or default under this License, the prevailing party in such action shall be entitled to recover, in addition to all other relief, from the other party all reasonable costs and attorneys' fees incurred by the prevailing party in connection with such action (including, but not limited to, any appeal thereof). This License shall be interpreted, construed and enforced in all respects in accordance with the laws of the United States and particularly the Commonwealth of Pennsylvania without reference to its choice of law rules, except to the extent the same are preempted by the laws of the United States. TRIFORCE shall be deemed to have entered into this License at TRIFORCE’s offices in Pennsylvania. Neither party shall commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or otherwise arising under or by reason of this License other than in the state and federal courts of the Commonwealth of Pennsylvania. Each party irrevocably consents to the jurisdiction of the state and federal courts of the Commonwealth of Pennsylvania.
Should you have any questions concerning this License, or if you desire to contact TRIFORCE for any reason, please contact TRIFORCE at firstname.lastname@example.org
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