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LG Electronics Service Terms of Use

LG Electronics, Inc. (“LGE”) together with its subsidiaries and affiliates (the “LG Group”, “we”, “our” or “us”) welcomes you, the end-user (“User(s)” or “you”), to our service.

These terms of use (“Terms of Use”) set forth information necessary for Users to use various services, such as any websites made available by LG to which these Terms of Use are linked (collectively, the "Website"), the ThinQ mobile application (the “App”), the products you may access or otherwise connect to via the ThinQ mobile application, (not including Smart TVs), and the content and services enabled by or through the Website and the App(collectively, “LGE Service”). These Terms of Use do not apply to any other LG products or services, including Smart Media Products.

These Terms of Use, for example, include the following:

• how you may use the LGE Service and how we provide the LGE Service to you;

• rights, responsibilities, and rules applicable to you and LGE in connection with your use of the LGE Service;

• intellectual property rights concerning the contents and software available on the LGE Service; and

• other rights you enjoy in connection with the use of the LGE Service.

To use the LGE Service, you must consent to these Terms of Use. To use certain services, you may also be required to set up an account as a member (“Member(s)”) and use devices manufactured by us. Please read these Terms of Use carefully. We also recommend that you carefully read other policies that may apply to your use of the LGE Service prior to your use of the LGE Service, including the Privacy Policy, which can be found on the LGE Service here.

These Terms of Use shall, in principle, apply to your use of the LGE Service. However, in respect of your use of certain services, you may be subject to service-specific terms in addition to these Terms of Use. For example, when purchasing goods and services on the LGE Service, the Terms and Conditions of Purchase may apply, and you will be presented with such terms that will need to be read and accepted in order to complete your purchase. In the event of any conflict or inconsistency between this agreement and such service-specific terms, the service-specific terms will prevail but only with respect to that service. In addition, for certain services, additional policies, instructions, guidelines, and notifications may apply, and we advise that you read them carefully prior to your use of these services.

1. The Provider of the LGE Service

The following entity enters into these Terms of Use with you to provide the LGE Service in accordance with these Terms of Use:

Listed here
 

2. Use of and Subscription to the LGE Service

Subscription Standard and Procedure

Minors under the age of 18 may be restricted from subscribing to the LGE Service.

You may apply to subscribe to the LGE Service after reading and consenting to these Terms of Use, which may be followed by an email verification process. Upon successful verification and/or our acceptance of your application, you will be granted an LGE Service Account (“Account”). We may require you to verify your real name when you log in for the first time or during your use of the LGE Service.

When Subscribing as a Member and Using the Account

• You must provide accurate and complete information upon sign-up

• You must update any changes to such information without delay

• You must ensure your password is not leaked or shared with others in your use of the Account

• You must notify LGE immediately if you suspect that your Account has been accessed without authorization

You are responsible for the use of your Account, including taking reasonably necessary measures to protect your Account. You will be held liable for any consequence arising out of acts attributable to you, including negligence in managing your Account password, and LGE shall not be held liable for such consequences.

We may reject your application to create an Account in any of the following events:

• if you provide incorrect and incomplete information at sign-up;

• if you sign up to use the LGE Service for commercial or unlawful purposes; or

• if we cannot admit you as a Member for reasons attributable to you, such as prior breach of these Terms of Use.

Further, Users may download certain free contents available on the LGE Service without creating an Account, if the User agrees to LGE’s authentication of his/her device for LGE to determine whether such User may be permitted to download the relevant content.

We may suspend or delete your accounts in the event you have multiple accounts for our Service under a single email address or for necessary business reasons. If we suspend or delete your accounts, we will try to notify you at least 30 days before suspension or deletion at the email address registered on your account. In the above mentioned events, we may terminate our Service with the suspended or deleted account.

3. Rights and Obligations of the Users

Your Legal Rights

These Terms of Use shall not limit or deprive you of your statutory rights to (1) a certain quality of service and (2) resolutions in case of any problems. For example, if you are a consumer who purchases products via the LGE Service, you may enjoy any and all rights granted to you by applicable laws and regulations.

Your Obligations

You must comply with the following when using the LGE Service:

• comply with these Terms of Use and the applicable laws and regulations;

• respect others’ rights, including rights to personal data, privacy and intellectual property;

• refrain from conduct that infringe upon others’ rights, are defamatory, or otherwise damage the interests of any other person, including LGE; and

• refrain from acts that may result in the abuse of, interfere with, suspend or damage the LGE Service.

LGE does its best to maintain the security and safety of all Users and to allow Users to freely access the LGE Service. To this end, please do not use the LGE Service, or the contents provided through the LGE Service (“LGE Content”), in any of the following manner:

• attempt to figure out the source code or algorithm of the LGE Service or the LGE Content by engaging in, for example, reverse engineering of the software;

• attempt to arbitrarily modify or inactivate certain functions of the LGE Service or the LGE Content;

• create derivative works based on the LGE Service or the LGE Content;

• engage in services such as leasing, sub-licensing or hosting, using the LGE Service or the LGE Content;

• infringe intellectual property rights, including copyright of others including LGE, in connection with the use of the LGE Service or the LGE Content;

• use the LGE Service or the LGE Content for unlawful purposes or by unlawful means, in violation of these Terms of Use or the applicable laws and regulations ;

• use the LGE Service or the LGE Content in a malicious or harmful manner (e.g., hacking or distributing malicious codes including viruses and any harmful data);

• use the LGE Service or the LGE Content in a way that hinders other Users, damages, overloads, or deteriorates the LGE Service or increases LGE Service’s vulnerability to security risks; or

• attempt to decode signals transmitted between the LGE Service and its servers, or collect data or information from the LGE Service or its system.

Upon your failure to comply with the above obligations, we may suspend your access to the LGE Service for a certain period. In such event, we will be responsible for proving your non-compliance; however, we will lift any such suspension if you prove your lack of intent or negligence in connection with such non-compliance. We may cancel your Account if such non-compliance that caused the suspension is not resolved within a certain reasonable period.

Your Responsibility

To the maximum extent permitted by law, you agree to defend, indemnify and hold us, our directors, officers, employees, affiliates, and agents harmless from and against any and all claims arising out of your breach of these Terms and Conditions, your violation of applicable laws and regulations, your use of the LGE Service, or your use of the Third Party Services (as defined below).

4. License

LGE Service License

LGE grants you the license to use the LGE Service so that you may freely use the LGE Service. However, the license is provided on a limited, non-transferable, revocable and non-exclusive basis, and you may use the LGE Service and the LGE Content for personal and non-commercial purposes only. The license granted includes software and other data necessary for the provision of the LGE Service and the LGE Content, along with the applicable updates, upgrades, improvements, modifications, changes and additions. Upon consenting to these Terms of Use, you will be granted the license to use the LGE Service and the LGE Content only within the conditions specified in these Terms of Use and the applicable End User License Agreement (“EULA”) for the LGE Content, if any. You will not acquire any intellectual property rights or other proprietary rights relating to the LGE Service and the LGE Content, except as expressly specified herein or in the applicable EULA. Further, the details and the scope of the license, including the territory of the license, may vary depending on the country, your device and type of operating system, internal policies of LGE and its business partners, and other operational or technical needs. You agree that we have no liability to you for any non-interoperability between LGE Content you download and your mobile device, and any damages caused by your erroneous input of the information concerning your device.

License to User Created Contents

You may, on certain LGE Services, upload, submit, store, transmit, receive or share your reviews, posts, photos, messages, documents and other contents (“User Created Contents”), to which you hold the copyright. You hold the copyright to User Created Contents, and you are not required to provide such contents to LGE Service. We make no representations or warranties as to the accuracy or completeness of the User Created Contents.

By uploading or sharing User Created Contents on the LGE Service, you will grant LGE a global, non-exclusive, free of charge, revocable, transferable and sub-licensable license to copy, edit, distribute, translate, digitalize, publish, implement, indicate, modify and create derivative works of, the User Created Contents to the extent necessary for the operation, promotion and improvement of the LGE Service.

Further, LGE may sublicense the foregoing license to the following parties:

 - other Users to ensure the LGE Service functions as originally designed (e.g., sharing posts with selected persons); or

 - third party service providers who have a contractual relationship with LGE, for the limited purpose of allowing LGE to provide the LGE Service in accordance with these Terms of Use.

Notwithstanding the foregoing, LGE holds the license to the User Created Contents only to the extent permitted by applicable laws and regulations, and is not granted any right in excess of such limit.

5. Restriction of Use of LGE Service and Deletion of User Created Contents

Possible Measures in Case of Problems

In any of the following events, we reserve the right to suspend or terminate your use of the LGE Service or delete your Account or User Created Contents:

• if you or your User Created Contents are in material or repeated breach of these Terms of Use, additional terms that may apply to your use of the LGE Service, LGE’s other policies or applicable laws and regulations;

• if you explicitly indicate your lack of intent to comply with these Terms of Use and additional terms that may apply to your use of the LGE Service;

• if it is necessary to comply with legal obligations or court orders;

• if your behavior or your User Created Contents are reasonably deemed to cause damage to or create liability on the part of others, including other Users and LGE (e.g., hacking, phishing, harassment, transmission of spam, misleading conduct, false information, invasion of others’ privacy, defamation, or unauthorized display of contents that do not belong to the User); or

• if you are in breach of LGE’s detailed guidelines on posting contents.

Notification

If deemed reasonably possible, prior to taking the foregoing measures, we will notify you of our rationale for taking such measures to give you a chance to rectify the identified problem. However, we may decide to not notify you if the notification may:

• cause damage to or create liability on the part of other Users, third parties, or LGE;

• violate applicable laws and regulations or orders of a regulatory authority;

• interfere with the investigation of regulatory authorities; or

• undermine the operation, integrity, or security of the LGE Service.

Users’ Responsibility Relating to Measures such as the Restriction of Use

The applicable User, not LGE, will be responsible for any damage and loss (including with respect to data and contents) that may arise out of the implementation of measures in accordance with these Terms of Use, such as restriction of User’s use of the LGE Service or termination of Accounts. To avoid any data loss, please create backups or store in other locations the data and contents stored via the LGE Service, by using e.g., online backup services.

6. Change, Suspension and Termination of the LGE Service

Change of the LGE Service

We may from time to time change the LGE Service as follows:

• change, add, or delete elements or functions of the LGE Service, for example, for enhanced functions, performance security, bug fixes, and service improvement;

• suspend or limit the use of or access to the LGE Service, including access to Accounts;

• examine, flag, modify, decline to post, block access to or delete any LGE Content without notice or liability; or

• disable access to, block or modify remotely any LGE Content previously downloaded from the LGE Service to your device, if LGE considers such actions necessary or appropriate in its sole discretion as a result of contractual obligations, changes in law, a court order, or for other reasons.

If LGE removes, disables access to, or otherwise blocks you from accessing any LGE Content, you will need to contact the provider of the relevant LGE Content.

You agree that, where permitted by law, we may offer and deliver software updates for products that are accessible via the App.

Suspension and Termination of the LGE Service

LGE may suspend or terminate all or part of the LGE Service in any of the following events at any time:

• to operate or improve the LGE Service or to comply with obligations under applicable laws;

• if LGE’s business partners that provide LGE with elements of the LGE Service decide to terminate the provision of all or part of such elements of the LGE Service; or

• in the event of maintenance, inspection or replacement or failure of the information and communication facilities (such as, computers, servers and telecommunication networks), surge in traffic, interruption of communication, and other reasonable ground making it difficult to continue the operation of the LGE Service.

LGE may suspend or terminate all or part of the LGE Service at any time and for any business reason by providing you a prior written notification at least 30 days before such suspension or termination.

Notification, Compensation and Liability in the Event of Change, Suspension or Termination

Material change, suspension and termination adversely affecting the use of the LGE Service will be notified to Users in advance via the email registered on the Account or other reasonable ways, including posting on the LGE Service. However, changes may take effect immediately without prior notification if advance notification is reasonably deemed unpractical, or upon implementation of functions that are either beneficial to Users or legally required.

Unless otherwise required under applicable laws and regulations, Users will not be entitled to any compensation in connection with the change, suspension or termination of all or part of the LGE Service.

The rights and obligations of the User and LGE under these Terms of Use shall survive the termination of the LGE Service or the User’s Account.

7. LGE’s Liability and Warranties

Liability

To the maximum extent permitted by applicable law, Under no circumstances shall LGE, its directors, officers, employees, affiliates, agents contractors, principals, or licensors be liable for incidental, consequential, indirect, special, or punitive damages of any kind or for loss of information or data, loss of revenue, loss of business or other financial loss arising out of or in connection with the use of the LGE Service or the LGE Content, whether based in contract, tort (including negligence), strict product liability or any other theory, even if LGE has been advised of the possibility of such damages and even if any limited remedy is deemed to have failed of its essential purpose. To the maximum extent permitted by applicable law, in no event will LGE be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special, or consequential damages arising out of any application or open source software, even if LGE has been advised of the possibility of such damages or losses.

Use of the LGE Service and the LGE Content may require access to the Internet. Please note that depending on your telecom service plan, additional mobile charges may apply to your Internet access. We are not liable for the connection or speed of your Internet service.

Warranties

LGE’s warranty with respect to the LGE Service (including contents of the LGE Service, functions of the LGE Service, trustworthiness, availability and satisfaction of the Users’ needs) and the LGE Content is limited to (1) the matters provided by these Terms of Use and additional terms that may apply to your use of the LGE Service and the LGE Content, or (2) the extent permitted under applicable laws and regulations. No other warranty is given in connection with the LGE Service and the LGE Content. In particular, a smart device connected with the LGE Service and the LGE Content could be disconnected with the LGE Service or become unusable, due to poor network connection or update of the LGE Service.

To the maximum extent permitted by applicable laws, the LGE Service and the LGE Content are provided ‘as is’ or ‘as available’ and is without any warranty of any kind, express or implied, including but not limited to, merchantability, maintenance of good quality, skilled manipulation of devices, fitness for a particular purpose, integrity, adequacy, no virus, calm environment and non-infringement with respect to the LGE Service and the LGE Content.

Please note that some jurisdictions do not allow the exclusion or limitation of implied warranties, terms or conditions or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you. For further information about your statutory rights, please contact your local authority, trading standards department, citizens’ advice bureau or equivalent.

8. Third Party Service

We collaborate with global business partners to provide useful contents via the LGE Service. The LGE Service may include contents (e.g., information, links, and advertisements), products, services, apps, and other materials provided by a third party (“Third Party Service”). You may enjoy various benefits through the Third Party Service. However, we do not control the Third Party Service, and accordingly we are not liable for any damage or loss arising out of your use of the Third Party Service. We do not make any representations or warranties regarding, and accepts no liability in respect of, the Third Party Service. You agree that your use of the Third Party Service will be at your sole risk, and we will have no liability to you as a result of your exposure to the Third Party Service.

9. Advertisement

We provide various LGE Services free of charge, and to this end some LGE Services may include (customized) advertisements, which may be provided based on certain Users’ preferences. The LGE Service may include advertisements and marketing information provided by us or a third party, and for those advertisements and marketing information provided by third party advertisers, we are unable to control the usefulness, accuracy, or completeness of such information. Accordingly, unless we are attributable, we will not be responsible for any liability arising out of such advertisements and communication or transaction between you and such advertiser, including any damage that may arise out of any reliance by you on such advertisements.

10. Procedure for Resolving Disputes

Except to the extent prohibited by local law, any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration (i) under the Rules of the Korean Commercial Arbitration Board (of which rules are deemed to be incorporated by reference into this clause), (ii) where the number of arbitrators shall be one, (iii) the seat, or legal place, of arbitration shall be Seoul, Republic of Korea, (iv) the language to be used in the arbitral proceedings shall be English and (v) the governing law of the contract shall be the substantive law of the Republic of Korea.

To the extent required by local law in order for the arbitration to be valid and legally effective as a means of dispute resolution, including as against a consumer, reference to the Rules of the Korean Commercial Arbitration Board in (i) above shall be deemed to refer to the rules of the most prominent arbitration body (the “Local Arbitration Rules”) in your country, and reference to Seoul, Republic of Korea in (iii) above shall be deemed to refer to the capital city of your country.

You may only resolve disputes with us on an individual basis, and not as a plaintiff or class member in any purported class or representative proceedings.

11. Amendment of these Terms of Use

LGE may from time to time amend these Terms of Use and additional terms that may apply to your use of the LGE Service, to the extent permitted under applicable laws and regulations.

Use of the LGE Service after the amended Terms of Use goes into effect will constitute your consent to such amendment. You may revoke your consent to these Terms of Use by terminating your Account at any time, upon which you will not be subject to the application of the amended Terms of Use.

12. General Matters

• You enjoy certain statutory rights that may not be limited by these Terms of Use. Nothing in these Terms of Use shall limit such statutory rights.

• These Terms of Use set forth the relationship between you and LGE. Even if a third party benefits from the relationship between you and LGE, no legal right shall inure to such third party.

• In case of any conflict between these Terms of Use and additional service-specific terms that may apply to your use of the LGE Service, the additional terms shall prevail with respect to the relevant LGE Service.

• In the event any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions shall not in any way be affected or impaired.

• These Terms of Use (including all incorporated or referenced documents) set forth the entire agreement between you and us, and supersedes all prior agreements, whether written or oral, notwithstanding the terms or conditions of any such prior agreements. If we fail to enforce any right or provision in these Terms of Use, such failure will not constitute a waiver of such right or provision.

• In the course of providing the LGE Service to you, we may provide you with various information via notification within the LGE Service or via mail, email, SMS, or MMS, etc. However, if you explicitly indicate that you do not wish to receive such information, you will no longer receive such information, and LGE will not be held liable for any disadvantage that you may experience due to such exclusion.

• Any translation of these Terms of Use is conducted for local requirements and in the event of a discrepancy between the English and any non-English versions, the English version of these Terms of Use shall govern, to the extent not prohibited by local law in your jurisdiction.

• We may assign, sub-contract or otherwise transfer any or all of our rights and obligations under these Terms of Use to any company, firm or person. We can only do this if it does not materially affect your rights under these Terms of Use. You may not assign, sub-contract or otherwise transfer your rights or obligations under these Terms of Use to anyone else unless you first submit such a request to LGE in writing and the parties reach an agreement.

• We are not liable or responsible for delay in performance of, or any failure to perform any of our obligations under these Terms of Use that is caused by events outside our reasonable control (“Force Majeure”), in particular (but not limited to) (a) acts, decrees, legislation, regulations or restrictions of any government; (b) unavailability of public or private telecommunication networks; or (c) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or any natural disaster. Our performance under these Terms of Use is deemed to be suspended for the period that Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure to an end or to find a solution by which our obligations under these Terms of Use may be performed despite the Force Majeure.

• License or Use by the U.S. Government: If the LGE Service is being used by or licensed to the United States Government, the following shall apply: The LGE Service licensed under these Terms of Use is 'commercial computer software' as the term is described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of these Terms of Use as specified in 48 C.F.R. 12.212 (Computer Software) and 48 C.F.R. 12.211 (Technical Data) of the Federal Acquisition Regulations ('FAR') and its successors. If acquired by or on behalf of any agency within the Department of Defense ('DOD'), the U.S. Government acquires this commercial computer software and/ or commercial computer software documentation subject to the terms of these Terms of Use as specified in 48 C.F.R. 227.7202-3 of the DOD FAR Supplement ('DFAR') and its successors.

• Export Restrictions: You agree that you will not export or re-export any LGE Service or accompanying documentation (or any copies thereof) in violation of any applicable laws and regulations of the United States (to the maximum extent applicable). You agree to comply with all applicable United States and international export laws and regulations. These laws include restrictions on destinations, end users, and end use. You represent and warrant that you are not prohibited from receiving exports or services under United States or other applicable export laws.

Appendix: Additional Terms to the LGE Service

A. APPLICATION LICENSE AGREEMENT

THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOUR USE OF EACH APPLICATION YOU DOWNLOAD FROM THE LGE SERVICE (EACH, AN “APPLICATION”) AND SUPPLEMENT THE TERMS OF USE. BEFORE USING ANY APPLICATION, CAREFULLY READ THIS AGREEMENT.

You acknowledge that the license granted hereunder is granted to you by the provider of the Application (“Application Provider”) and not by LG Electronics, Inc. (“LGE”). If the Application Provider provides an End User License Agreement (“EULA”) with the Application, those terms shall supplement this Application License Agreement. As between you and the Application Provider, any additional or different terms in such EULA shall take precedence over the terms in this Application License Agreement.

You acknowledge and agree that LGE is a third party beneficiary of this Application License Agreement and any EULA, if so provided. You acknowledge and agree that LGE will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary of those agreements.

1. Grant of License: Application Provider hereby grants you a limited, non-transferable license to use the Application on any mobile device product manufactured by LGE and/or its affiliates (“LGE Mobile Device”) and in the manner set forth in the LGE Terms of Use. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not reverse engineer, decompile, or disassemble the Application, except and only to the extent that such activity is expressly permitted by applicable law. Any attempt to do so is a violation of the rights of the Application Provider. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Application Provider that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. The Application Provider reserves all rights in and to the Application not expressly granted to you under this Application License Agreement.

2. Consent to Use of Data: You agree that the Application Provider may collect and use technical and related information, gathered in any manner, as part of product support services related to the Application. The Application Provider may use this information solely to improve its products or to provide customized services or technologies to you. The Application Provider may disclose this information to others, but not in a form that personally identifies you. The Application Provider’s personal data processing activities are not within the scope of this Appendix and LGE does not undertake any liability regarding the Application Provider’s compliance with applicable personal data protection laws.

3. Termination: The license is effective until terminated by you or by the Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application, including any accompanying documentation.

4. Third Party Material; Objectionable Content: You understand, acknowledge and agree that certain Applications may provide access to products, services, web content or other third-party materials and that LGE is not responsible for such third party content. You agree that LGE is not responsible for examining or evaluating the third party content or the accuracy of such content. LGE does not make any representations or warranties regarding, and accepts no liability in respect of, such third party content.

You understand, acknowledge, and agree that by accessing and downloading Applications from the LGE Service that you may encounter material that you may deem explicit or is offensive, indecent or objectionable to you, and that you may not be warned about such material in advance. You agree that your downloading and use of all Applications will be at your sole risk, and LGE shall have no liability to you as a result of any exposure through such Applications.

5. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT ACCESS TO THE APPLICATION IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. THE APPLICATION PROVIDER DOES NOT WARRANT THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION PROVIDER EXPRESSLY DISCLAIMS ANY IMPLIED OR STATUTORY TERMS, CONDITIONS OR WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT. THE APPLICATION PROVIDER MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE.

6. LIMITATION OF LIABILITY : TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION PROVIDER SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR FORLOSS OF INFORMATION OR DATA, LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE LICENSE OR USE OF THE APPLICATION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF THE APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION PROVIDER’S ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID FOR THE APPLICATION (IF ANY), AT THE APPLICATION PROVIDER’S OPTION. IN NO EVENT WILL THE APPLICATION PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE, EVEN IF THE APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Some jurisdictions do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you.

7. You agree that you will not export or re-export the Application or accompanying documentation (or any copies thereof) in violation of any applicable laws or regulations. You agree to comply with all applicable and international export laws and regulations. These laws include restrictions on destinations, end users, and end use. You represent and warrant that you are not prohibited from receiving exports or services under applicable export laws.

8. This Application License Agreement shall be governed by the laws of the State of New Jersey in the United States of America and by the federal laws of the United States of America, excluding their conflicts of laws provisions.

9. By accepting this Application License Agreement, you agree that such agreement (including all incorporated or referenced documents) sets forth the entire agreement between you and the Application Provider, and supersedes all prior agreements, whether written or oral, with respect to the Application, notwithstanding the terms or conditions of any such prior agreements. If the Application Provider fails to enforce any right or provision in this Application License Agreement, such failure will not constitute a waiver of such right or provision.

These Terms of Use shall come into effect as of 12 / 12 / 2024.

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