FLOW LEND TERMS & CONDITIONS
THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A CONTRACT BETWEEN CABLE AND WIRELESS COMMUNICATIONS ("COMPANY") AND YOU, THE INDIVIDUAL USER ("USER") WHO DOWNLOADS, INSTALLS, ACCESSES OR USES THE SOFTWARE APPLICATION THAT IS ACCOMPANIED BY THIS AGREEMENT (“LICENSED APP and LOAN SERVICES”). THIS IS AN AGREEMENT BETWEEN YOU AND COMPANY AND NOT ANY OTHER THIRD PARTY, SUBSIDIARY, OR AFFILIATE. BY DOWNLOADING, INSTALLING, ACCESSING OR USING THE LICENSED APP and LOAN SERVICES, YOU ACCEPT THESE TERMS OF SERVICE AND ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT THEN YOU SHOULD NOT DOWNLOAD, INSTALL, ACCESS OR USE THE LICENSED APP and LOAN SERVICES AND YOU ARE NOT GRANTED RIGHTS TO USE THE LICENSED APP and LOAN SERVICES.
During the term of this Agreement, COMPANY grants the USER (YOU) a limited, non-exclusive, personal and non-transferable, non-sublicensable license to download, install, access and use the LICENSED APP and LOAN SERVICES, including any updates, upgrades or other new features, functionality or enhancements to the LICENSED APP and LOAN SERVICES that COMPANY furnishes to the USER, solely: (a) on a mobile electronic device owned or controlled by USER, (b) in connection with the mobile or Internet-based services provided by COMPANY, (c) for USER'S own personal purposes, (d) fully in accordance with the terms and conditions set forth in this Agreement, (e) fully in accordance with any applicable wireless service and/or third-party terms of service or usage restrictions. USER represents and warrants that USER is of legal age to form a binding contract. The LICENSED APP and LOAN SERVICES are not directed to children and children are not eligible to use the LICENSED APP and LOAN SERVICES.
The LICENSED APP and LOAN SERVICES may be accessed and used only by the USER in accordance with the terms and conditions of this Agreement. This Agreement does not allow for use of the LICENSED APP and LOAN SERVICES by anyone other than the USER. USER may not copy, modify, publish, distribute or transfer the LICENSED APP, or any copy thereof, in whole or in part. USER shall not reverse engineer, disassemble, decompile, create derivative works based on, or translate the LICENSED APP and LOAN SERVICES, or otherwise attempt to derive the source code the LICENSED APP and LOAN SERVICES, or authorize any other third party to do any of the foregoing. USER is prohibited from developing, selling or distributing applications that are capable of launching, being launched from, or are otherwise integrated with, the LICENSED APP and LOAN SERVICES without the prior, express written consent of COMPANY.
USER may not rent, lease, loan, resell for profit, distribute, sublicense or use in a time-sharing or service bureau arrangement the LICENSED APP and LOAN SERVICES, or any part thereof. USER represents, warrants, and agrees that USER will not use or interact with the LICENSED APP and LOAN SERVICES in a manner that: (a) infringes or violates the intellectual property rights or any other rights of anyone else; (b) violates any law or regulation; (c) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (d) jeopardizes the security of USER'S or any other person’s account (such as allowing someone else to log on as USER on the LICENSED APP and LOAN SERVICES); (e) attempts, in any manner, to obtain the password, account, or other security information from any other USER; or (f) copies or stores any significant portion of the content made available through the LICENSED APP and LOAN SERVICES. USER'S rights to access and use the LICENSED APP and LOAN SERVICES shall automatically terminate upon any violation of the foregoing restrictions.
OWNERSHIP AND CONFIDENTIALITY
The LICENSED APP and LOAN SERVICES are the property of COMPANY, and is protected by copyright and other intellectual property laws. The LICENSED APP and LOAN SERVICES are licensed, not sold, to USER for use only under the terms of this Agreement and all rights not expressly granted to USER are reserved by COMPANY. USER will not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the LICENSED APP and LOAN SERVICES.
Information embodied in or made available through the LICENSED APP and LOAN SERVICES includes the confidential information of COMPANY. USER agrees not to disclose such confidential information to any third party. USER shall use at least the same degree of care that it uses to prevent the disclosure of its own confidential information of like importance to prevent the disclosure of COMPANY’s and its licensors’ confidential information, but in no event less than reasonable care. USER shall promptly notify COMPANY of any actual or suspected misuse or unauthorized disclosure of any confidential information pertaining to the LICENSED APP and LOAN SERVICES.
DISCLAIMER OF WARRANTIES
COMPANY not warrant that any features, information, images, descriptions or other content in the LICENSED APP and LOAN SERVICES are accurate, complete, reliable, updated, current, or error-free. USER agrees to notify COMPANY if USER becomes aware of any errors or inconsistencies in the information or content provided through the LICENSED APP and LOAN SERVICES and comply with any corrective action taken by COMPANY.
THE LICENSED APP and LOAN SERVICES ARE PROVIDED TO USER "AS IS" AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, COMPANY AND ITS AFFILIATES, AGENTS CANNOT AND DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE LICENSED APP and LOAN SERVICES. IN ADDITION, NEITHER COMPANY PROVIDE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO RESULTS OBTAINED FROM USE OF THE LICENSED APP and LOAN SERVICES. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE LICENSED APP and LOAN SERVICES IS AT USER'S OWN DISCRETION AND RISK, AND USER UNDERSTANDS THAT IT WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE, INCLUDING BUT NOT LIMITED TO HARM TO USER'S COMPUTER SYSTEM OR MOBILE DEVICE OR ANY LOSS OF DATA. THE LAWS OF SOME JURISDICTIONS DO NOT PERMIT WAIVERS OF CERTAIN WARRANTIES, SO PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO THE USER. IN THE EVENT COMPANY CANNOT WAIVE ANY WARRANTY, THE DURATION AND SCOPE OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY; INDEMNIFICATION
NEITHER COMPANY NOR ITS AFFILIATES OR AGENTS SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS OR BUSINESS INTERRUPTION, EVEN IF COMPANY, ITS AFFILIATES, AGENTS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES IS/ARE FORESEEABLE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE LAWS OF SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO PORTIONS OF THE ABOVE MAY NOT APPLY TO THE USER.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS OF EITHER OF THEM, FROM AND AGAINST ALL CLAIMS, ACTIONS LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) ("CLAIMS") THAT MAY AT ANY TIME BE INCURRED BY ANY OF THEM BY REASON OF ANY CLAIMS, SUITS OR PROCEEDINGS ARISING FROM (i) THE USER'S USE OF THE LICENSED APP and LOAN SERVICES, AND/OR (ii) ANY BREACH BY USER OF ANY REPRESENTATION, WARRANTY OR OBLIGATION HEREUNDER.
Certain of the names, logos, and other materials displayed on or by the LICENSED APP and LOAN SERVICES may constitute trademarks, tradenames, service marks or logos ("Marks") of COMPANY or other entities. USER is not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with COMPANY or those other entities.
This Agreement shall continue in effect unless and until terminated by COMPANY and/or USER as set forth in this Agreement. Either party may terminate this Agreement at any time by notice to the other party. In addition, USER’s rights under this Agreement automatically terminate upon any material breach by USER.
Upon termination of this Agreement, USER shall have no right to access or use, in any way, the LICENSED APP and LOAN SERVICES and shall delete the LICENSED APP from USER’S devices. Sections entitled Ownership and Confidentiality, Disclaimer of Warranties, and Limitation of Liability; Indemnification shall survive any termination of this Agreement.
CHANGES TO APP
COMPANY reserves the right to modify or discontinue, temporarily or permanently, the LICENSED APP and LOAN SERVICES or any service to which it connects, with or without notice and without liability to the USER.
By using the LICENSED APP and LOAN SERVICES or any associated COMPANY services, USER agrees to be bound by, and comply with, all applicable current laws and regulations, and as amended, as well as future laws and regulations. USER represents and warrants that USER is not: (a) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; nor (b) listed on any U.S. government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List.
The LICENSED APP may not be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) any country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the LICENSED APP or documentation, USER agrees to the foregoing and represents and warrants that USER: (a) Is not located in, under the control of, or a national or resident of any such country or on any such list, (b) Is not listed on any U.S. Government list of prohibited or restricted parties, and (c) Agrees to comply with all export laws and other applicable laws.
U.S. GOVERNMENT USERS
The LICENSED APP and documentation each were developed by private financing and constitute “commercial items” as that term is defined at 48 C.F.R. §2.101. The LICENSED APP consists of “commercial computer software” and “commercial computer documentation” as such terms are used in 48 C.F.R. §12.212. Consistent with applicable federal acquisition regulations, U.S. government users acquire only those rights in the LICENSED APP and documentation that are specifically provided by this Agreement.
VERSION DATE: FEBRUARY 14, 2020