This End User License Agreement (the "Agreement") is a legal agreement between user ("You" or "Your"),
and Comet Technologies, LLC ("Comet"), for the use of the CometNow Software provided to You ("Software").
Software includes, among other things, software developed by Comet,
material licensed to Comet by third parties, and associated documentation.
By clicking the "ACCEPT AND AGREE" button below, or by accessing, copying, or otherwise using the Software,
You acknowledge that You have read this Agreement, understand it, and agree to be bound by its terms and conditions.
If You do not agree to the terms and conditions of this Agreement, click the "CANCEL" button and do not access or use the Software.
Comet will not and does not license the Software to You unless You agree to the terms of this Agreement.
In consideration of the promises and covenants described below, and other good and valuable consideration, You agree as follows:
- License Grant. Subject to the terms and conditions hereof, Comet grants You a nonexclusive, nontransferable, limited license to use the Software on up to two personal computers such as a laptop and a desktop or on a single mobile device, such as a PDA or Cell Phone for NON-COMMERCIAL USE ONLY ("License") solely for use in conjunction with the cometnow.com service. You will receive updates and/or upgrades, if any, in accordance with notices on the seemenow.com Web Site. Any updates and/or upgrades provided by Comet shall be governed by the terms and conditions of this Agreement.
- Limitations and Restrictions. Except as specifically provided herein, You may not, in whole or in part: (a) copy the Software, (b) distribute copies of the Software, in whole or in part, to any third party; (c) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Software, except as otherwise permitted by law; (d) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the Software to third parties; or (e) use the Software to act as a service bureau or application service provider, or to permit access to the Software by any third party. Nothing in this Agreement shall give You the right or license to use any trademarks used in connection with the Software including without limitation "Comet" and/or any marks of Comet’s providers and suppliers.
- Proprietary Rights and Confidentiality. The Software is owned by Comet and its suppliers and is protected by copyright, patent and trade secret laws. You will take those reasonable steps necessary to protect Comet’s and its suppliers’ proprietary rights in the Software related to Your use and possession of the same, including but not limited to maintaining the confidentiality of your passwords, if any. You will keep the Software confidential and will not disclose or publish it, or any part of it, to others, except as specifically provided herein. All design elements of the Software, including but not limited to the design, text, graphics, interfaces and the selection and arrangement thereof, are protected by copyrights owned by Comet. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED TO COMET TECHNOLOGIES, LLC. Trademark notices on company, publication and product names of unrelated entities are for informational purposes only and are not intended as a claim of right by Comet. Other product, publication, and company names herein may be the trademarks of their respective owners.
- No Responsibility. Comet will not be liable for losses or damages arising from or in any way related to the Software. If the Software is found to be defective in workmanship or materials and Comet Video is given notice within 10 days of discovering such defect, Your sole and exclusive remedy, and Comet’s sole and exclusive obligation to You, is a replacement of the Software.
- Your Warranty to Provider. You warrant that all individuals having access to the Software will observe and perform all the terms and conditions of this Agreement. You shall, at your own expense, promptly enforce the restrictions in this Agreement against any person who gains access to your password or copy of the Software with your permission or while your employee and who violates such restrictions, by instituting and diligently pursuing all legal and equitable remedies against him or her. You agree to immediately notify Comet in writing of any misuse, misappropriation or unauthorized disclosure, display or copying of the Software that may come to your attention. You agree to indemnify and hold harmless Comet from any and all claims resulting from your use of the Software or breach of this Agreement.
- Disclaimer of Warranties and Indemnification. COMET IS LICENSING THE SOFTWARE ON AN "AS IS" BASIS TO YOU. COMET MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY, FOR ANY PURPOSE, OF THIS SOFTWARE, ITS OPERATION OR THE CONTENT CONTAINED HEREIN. COMET VIDEO DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, ITS OPERATIONS, AND ITS CONTENT AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR ANY SOFTWARE CONTAINED IN THE SOFTWARE.
- Limitation of Liability. IN NO EVENT SHALL COMET BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER RELATED OR SIMILAR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE CONNECTED WITH THE USE OF OR INABILITY TO USE THE SOFTWARE, AND FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF COMET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY DAMAGES ARISING UNDER THIS AGREEMENT OR THE USE OF THE SOFTWARE THAT COMET IS REQUIRED TO PAY FOR ANY PURPOSE WHATSOEVER, INCLUDING WITHOUT LIMITATION, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE GREATER OF TWENTY FIVE DOLLARS ($25.00) OR THE LICENSE FEES ACTUALLY PAID BY YOU TO COMET UNDER THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU UNDER THE LAWS OF THOSE STATES. No action, regardless of form, arising out of any transaction
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