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ILC TECHNOLOGY LLC
Last updated: February 20, 2020
Please read this End-User License Agreement carefully before clicking th= e "I Agree" button, downloading or using ILC=E2=80=99s Mass Apply Plugin.= p>
The words of which the initial letter is capitalized have meanings defin= ed under the following conditions.
The following definitions shall have the same meaning regardless of whet= her they appear in singular or in plural.
For the purposes of this End-User License Agreement:
Agreement means this End-User License Agreement th= at forms the entire agreement between You and the Company regarding the use= of the Application.
Application means the software program provided by= the Company downloaded by You to a Device, named Mass Apply Plugin.
Company (referred to as either "the Company", "We"= , "Us", "Our", or =E2=80=9CILC=E2=80=9D in this Agreement) refers to ILC TE= CHNOLOGY LLC, 100 Spectrum Center Drive #900, Irvine, CA, 92618, USA.
= li>Content refers to content such as text, images, or= other information that can be posted, uploaded, linked to or otherwise mad= e available by You, regardless of the form of that content.
Country refers to: California, United States
= li>Device means any device that can access the Applic= ation such as a computer, a cellphone or a digital tablet.
Third-Party Services means any services or content= (including data, information, applications and other products services) pr= ovided by a third-party that may be displayed, included or made available b= y the Application.
You means the individual accessing or using the Ap= plication or the company, or other legal entity on behalf of which such ind= ividual is accessing or using the Application, as applicable.
By clicking the "I Agree" button, downloading or using the Application, = You are agreeing to be bound by the terms and conditions of this Agreement.= If You do not agree to the terms of this Agreement, do not click on the "I= Agree" button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it go= verns your use of the Application made available to You by the Company.
The Application is licensed, not sold, to You by the Company for use str= ictly in accordance with the terms of this Agreement.
You represent that you are over the age of 18. The Company does not targ= et its Content to children or teenagers under 18, and the Company does not = permit any user under 18 for using the Application.
The Company grants You a revocable, non-exclusive, non-transferable, lim= ited license to download, install and use the Application strictly in accor= dance with the terms of this Agreement.
The license that is granted to You by the Company is solely for your per= sonal, non-commercial purposes strictly in accordance with the terms of thi= s Agreement.
You agree not to, and You will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsourc= e, disclose or otherwise commercially exploit the Application or make the A= pplication available to any third party.
Copy or use the Application for any purpose other than as permitted unde= r the above section 'License'.
Remove, alter or obscure any proprietary notice (including any notice of= copyright or trademark) of the Company or its affiliates, partners, suppli= ers or the licensors of the Application.
The Application, including without limitation all copyrights, patents, t= rademarks, trade secrets and other intellectual property rights are, and sh= all remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respe= ct to any third party claim arising out of or relating to the Application. = To the extend the Company is required to provide indemnification by applica= ble law, the Company shall be solely responsible for the investigation, def= ense, settlement and discharge of any claim that the Application or your us= e of it infringes any third party intellectual property rights.
Any feedback, comments, ideas, improvements or suggestions provided by Y= ou to the Company with respect to the Application shall remain the sole and= exclusive property of the Company.
The Company shall be free to use, copy, modify, publish, or redistribute= the Suggestions for any purpose and in any way without any credit or any c= ompensation to You.
The Company reserves the right to modify, suspend or discontinue, tempor= arily or permanently, the Application or any service to which it connects, = with or without notice and without liability to You.
The Company may from time to time provide enhancements or improvements t= o the features/functionality of the Application, which may include patches,= bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of = the Application. You agree that the Company has no obligation to (i) provid= e any Updates, or (ii) continue to provide or enable any particular feature= s and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i= ) deemed to constitute an integral part of the Application, and (ii) subjec= t to the terms and conditions of this Agreement.
The Company does not provide any maintenance or support for the download= and use of the Application. To the extent that any maintenance or support = is required by applicable law, the Company shall be obligated to furnish an= y such maintenance or support.
The Application may display, include or make available third-party conte= nt (including data, information, applications and other products services) = or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for = any Third-party Services, including their accuracy, completeness, timelines= s, validity, copyright compliance, legality, decency, quality or any other = aspect thereof. The Company does not assume and shall not have any liabilit= y or responsibility to You or any other person or entity for any Third-part= y Services.
You must comply with applicable Third parties' Terms of agreement when u= sing the Application. Third-party Services and links thereto are provided s= olely as a convenience to You and You access and use them entirely at your = own risk and subject to such third parties' Terms and conditions.
This Agreement shall remain in effect until terminated by You or the Com= pany.
The Company may, in its sole discretion, at any time and for any or no r= eason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the= Company, in the event that you fail to comply with any provision of this A= greement. You may also terminate this Agreement by deleting the Application= and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Appli= cation and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights= or remedies at law or in equity in case of breach by You (during the term = of this Agreement) of any of your obligations under the present Agreement.<= /p>
You agree to indemnify and hold the Company and its parents, subsidiarie= s, affiliates, officers, employees, agents, partners and licensors (if any)= harmless from any claim or demand, including reasonable attorneys' fees, d= ue to or arising out of your: (a) use of the Application; (b) violation of = this Agreement or any law or regulation; or (c) violation of any right of a= third party.
The Application is provided to You "AS IS" and "AS AVAILABLE" and with a= ll faults and defects without warranty of any kind. To the maximum extent p= ermitted under applicable law, the Company, on its own behalf and on behalf= of its affiliates and its and their respective licensors and service provi= ders, expressly disclaims all warranties, whether express, implied, statuto= ry or otherwise, with respect to the Application, including all implied war= ranties of merchantability, fitness for a particular purpose, title and non= -infringement, and warranties that may arise out of course of dealing, cour= se of performance, usage or trade practice. Without limitation to the foreg= oing, the Company provides no warranty or undertaking, and makes no represe= ntation of any kind that the Application will meet your requirements, achie= ve any intended results, be compatible or work with any other software, app= lications, systems or services, operate without interruption, meet any perf= ormance or reliability standards or be error free or that any errors or def= ects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the compa= ny's provider makes any representation or warranty of any kind, express or = implied: (i) as to the operation or availability of the Application, or the= information, content, and materials or products included thereon; (ii) tha= t the Application will be uninterrupted or error-free; (iii) as to the accu= racy, reliability, or currency of any information or content provided throu= gh the Application; or (iv) that the Application, its servers, the content,= or e-mails sent from or on behalf of the Company are free of viruses, scri= pts, trojan horses, worms, malware, timebombs or other harmful components.<= /p>
Some jurisdictions do not allow the exclusion of certain types of warran= ties or limitations on applicable statutory rights of a consumer, so some o= r all of the above exclusions and limitations may not apply to You. But in = such a case the exclusions and limitations set forth in this section 11 sha= ll be applied to the greatest extent enforceable under applicable law. To t= he extent any warranty exists under law that cannot be disclaimed, the Comp= any shall be solely responsible for such warranty.
Notwithstanding any damages that You might incur, the entire liability o= f the Company and any of its suppliers under any provision of this Agreemen= t and your exclusive remedy for all of the foregoing shall be limited to th= e amount actually paid by You for the Application or through the Applicatio= n.
To the maximum extent permitted by applicable law, in no event shall the= Company or its suppliers be liable for any special, incidental, indirect, = or consequential damages whatsoever (including, but not limited to, damages= for loss of profits, loss of data or other information, for business inter= ruption, for personal injury, loss of privacy arising out of or in any way = related to the use of or inability to use the Application, third-party soft= ware and/or third-party hardware used with the Application, or otherwise in= connection with any provision of this Agreement), even if the Company or a= ny supplier has been advised of the possibility of such damages and even if= the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of in= cidental or consequential damages, so the above limitation or exclusion may= not apply to You.
If any provision of this Agreement is held to be unenforceable or invali= d, such provision will be changed and interpreted to accomplish the objecti= ves of such provision to the greatest extent possible under applicable law = and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require= performance of an obligation under this Agreement shall not effect a party= 's ability to exercise such right or require such performance at any time t= hereafter nor shall be the waiver of a breach constitute a waiver of any su= bsequent breach.
The Company does not make any warranties concerning the Application. To = the extent You have any claim arising from or relating to your use of the A= pplication, the Company is responsible for addressing any such claims, whic= h may include, but not limited to: (i) any product liability claims; (ii) a= ny claim that the Application fails to conform to any applicable legal or r= egulatory requirement; and (iii) any claim arising under consumer protectio= n, or similar legislation.
You represent and warrant that (i) You are not located in a country that= is subject to the United States government embargo, or that has been desig= nated by the United States government as a "terrorist supporting" country, = and (ii) You are not listed on any United States government list of prohibi= ted or restricted parties.
The Company reserves the right, at its sole discretion, to modify or rep= lace this Agreement at any time. If a revision is material we will provide = at least 30 days' notice prior to any new terms taking effect. What constit= utes a material change will be determined at the sole discretion of the Com= pany.
By continuing to access or use the Application after any revisions becom= e effective, You agree to be bound by the revised terms. If You do not agre= e to the new terms, You are no longer authorized to use the Application.
The laws of the Country, excluding its conflicts of law rules, shall gov= ern this Agreement and your use of the Application. Your use of the Applica= tion may also be subject to other local, state, national, or international = laws.
The Agreement constitutes the entire agreement between You and the Compa= ny regarding your use of the Application and supersedes all prior and conte= mporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when Yo= u use or purchase other Company's services, which the Company will provide = to You at the time of such use or purchase.
If you have any questions about this Agreement, You can contact Us:
Phone number: +1 949 201 1859