This End User License Agreement (“EULA”) is a legal agreement between you (either an individual person or a single legal entity) and Global Comedy Network for Comedy Evaluator Pro software and associated online technology (“the Software”) that displays this EULA. For purposes of this EULA, the term “Licensor” refers to Global Comedy Network. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE.
1. Grant of License (online access). Provided you comply with all terms and conditions of this EULA, this EULA grants you the following rights as contained herein.
2. Access and Use. You may access and use the online version of the Software in accordance with this EULA. A license is granted upon access (free trial access, bonus access or purchase access) which provides access to a fully functional online version of the Software.
3. Reservation of Rights and Ownership. Licensor reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Licensor owns the title, copyright, and other intellectual property rights associated with the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of Licensor.
4. Indemnity and Disclaimer of Warranty.
A. The Software is provided on an “as is” basis without warranties of any kind, either express or implied. You agree that use of the Software is at your sole risk. Neither Global Comedy Network or any of their respective employees or representatives warrant that the Software will be uninterrupted or error-free; nor do they make any warranty as to the accuracy or reliability of any information provided within or by using the Software.
B. You comprehend and agree to indemnify and hold Global Comedy Network, its affiliates, employees and representatives harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of the Software, your connection to the Software, your violation of the Software EULA, or your violation of any rights of another. You hereby acknowledge that the provisions of this section shall apply to all use of and content or data provided by the Software.
C. You understand that no explicit or implied support is provided as a result of using or purchasing access to the Software.
5. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software.
6. Links to Third Party Sites. Licensor is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. Licensor is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by Licensor of the third-party site or service.
7. Software Availability. Global Comedy network does not warrant that the Software we currently offer will always be available in the formats currently supported, and reserve the right to discontinue any format at any time with or without notice.
Once the Software access is purchased, it cannot be refunded or exchanged. The Software and the written content provided therein is the exclusive property of the copyright holders and are protected by copyright and other intellectual property laws.
Users may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of the Software, in whole or in part. By accessing the Software, the user hereby acknowledges and agrees to these terms.
8. Refund policy. Once full access to the Software has been provided to the user upon purchase, user acknowledges that there is no expressed or implied entitlement to a refund for purchase of a full access password (license) of any kind beyond 30 days of the date of purchase. In the event of a refund, the Software will be disabled and will no longer function.
9. Changed Terms. Global Comedy Network reserves the right to modify or discontinue, temporarily or permanently, the Software or any part of a Global website associated with the Software with or without notice to the user at any time and from time to time. You agree that Global Comedy Network shall not be liable to you or any third-party for any modification or discontinuance of any feature or aspect of the Software.
10. Miscellaneous. This EULA shall be construed in accordance with applicable state and federal laws. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.