Terms for Use of Glance Networks, Inc.
Services and License Agreement for Client Software for Glance Subscription Services
IMPORTANT-READ CAREFULLY: YOUR USE OF THE GLANCE WEBSITE (AT WWW.GLANCE.NET) AND SERVICES (THE “SERVICES”) AND THE GLANCE SOFTWARE PRODUCT IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS. BY SELECTING THE “I ACCEPT THE TERMS IN THE LICENSE AGREEMENT” DURING THE SUBSCRIPTION PROCESS, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT AND THE GLANCE “TERMS OF SERVICE” POSTED ON THE GLANCE WEB SITE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL THE SOFTWARE AND/OR DO NOT SUBSCRIBE TO THE SERVICE.
These Terms for Use of Services and Glance License Agreement (“Agreement”) is a legal agreement between you (either an individual or entity) and Glance Networks, Inc., (“Glance”) for use of the Services and client software for the Glance software product called “Glance Client”, which may include associated software components, media, printed materials, and “online” or electronic documentation (“Software”). You agree to be bound by and become a party to all the terms of this Agreement by using the Services or by downloading a software packet containing the Software or by otherwise using the Software.
If you do not agree to the terms of this Agreement, do not use the Services or the Software in any manner whatsoever. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
TERMS OF SERVICE: Glance’s Terms of Service are described on the Glance website. Please consult it to learn Glance’s current terms associated with the delivery of Glance Services.
PROHIBITED ACTIONS: You may not distribute Glance Services or Software associated with or derived from it, modify, copy, license, or create derivative works from Glance Services or Software, without Glance’s written approval.
RESPONSIBILITY FOR CONTENT OF YOUR COMMUNICATIONS. You agree that you are solely responsible for the content of all visual, written or audible communications used or sent by you. You agree that you will not use the Services to send unsolicited mass mailings. You further agree not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Although Glance is not responsible for any such communications, Glance may delete any such content of which Glance becomes aware or deny you access to the Services, at any time without notice.
GRANT OF LICENSE AND OWNERSHIP. The Software is licensed, not sold. Subject to the terms and conditions of this Agreement, Glance grants you the right to download copies of the Glance client to any PC by installing one copy of the Software, in machine readable format only and, subject to paying a subscription fee, allows each Subscriber use the Software and to have their own personal Glance webpage address to invite attendees in a Glance data collaboration session. Glance has no obligation to provide you with, and this license does not entitle you to receive, any hard-copy documentation or other printed materials, technical support services, telephone assistance or modifications, enhancements or supplements to the Software. Except as expressly licensed to you in this Agreement, Glance retains all right title and interest in and to the Software and all copies thereof.
RESTRICTIONS: You have no right and will not, nor will you authorize or assist others to: (a) produce, manufacture, distribute or copy all or any portion of the Software, except as expressly allowed in this Agreement, (b) disassemble, reverse engineer or decompile, or otherwise attempt to derive source code from all or any portion of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, (c) modify, translate, or alter all or any portion of the Software or (d) license, sublicense, assign, transfer, rent, lease, sell, encumber or otherwise transfer title or any other rights in all or any portion of the Software or (e) use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to the Software or Services. You will indemnify Glance against any loss related to your failure to conform to the requirements of this Section.
COPYRIGHT: Glance and its suppliers, as applicable, retain ownership of all proprietary rights notices and marks in, or displayed by, the Software. You will not remove, deface or obscure any of Glance’s or its suppliers’ copyright or trademark notices or legends or other proprietary notices on or in the Software.
TRADEMARKS: This software may contain third-party software which requires notices and/or additional terms and conditions. Such required third-party software notices are made a part of and incorporated by reference into the End User License Agreement covering this software. Mac and the Mac Logo are trademarks of Apple Computer, Inc., registered in the U.S. and other countries. Microsoft, Windows and the Windows logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries.
TERMINATION: You may terminate this Agreement at any time by providing written notice to Glance and destroying all full and partial copies of the Software received or produced by you. If you fail to comply with any term of this Agreement, Glance may terminate this Agreement upon written notice to you and you will then destroy all full and partial copies of the Software received or produced by you. If Glance loses its rights as to all or any part of the Software due to reasons beyond Glance’s control, Glance may terminate this Agreement upon 30 days notice and you will destroy all full and partial copies of the Software received or produced by or before the effective date of termination. Upon Glance’s request, you will certify in writing that you have complied with your obligations to destroy all full and partial copies of the Software as set forth in this Section. Glance may terminate this license and access to the Services upon failure to pay subscription fees when due.
ALPHA RELEASE VERSIONS: In the event that the Software or Services is an alpha release version, the terms of this Section shall apply. Your license to use the Software expires 45 days after installation (or such other period as indicated by Glance) and the Software may cease to function. The Software you are receiving may contain more or less features than the commercial release of the product that Glance intends to distribute. While Glance intends to distribute a commercial release of the Software, Glance reserves the right at any time not to release a commercial release of the Software or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the alpha release versions are not suitable for production use and may contain errors affecting their proper operation. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires.
BETA RELEASE OR PRE-RELEASE VERSIONS: In the event that the Software is a beta release or pre-release version, the terms of this Section shall apply. Your license to use the Software expires 120 days after installation (or such other period as indicated by Glance) and the Software may cease to function. The Software you are receiving may contain more or less features than the commercial release of the Glance product that Glance intends to distribute. While Glance intends to distribute a commercial release of the Software, Glance reserves the right at any time not to release a commercial release of the Software or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the beta release or pre-release versions are not suitable for production use and may contain errors affecting their proper operation. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires.
NO WARRANTIES: YOU UNDERSTAND AND AGREE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED “AS IS” AND GLANCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GLANCE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES AND SOFTWARE IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES OR SOFTWARE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. You agree to indemnify, defend and hold harmless Glance, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Services. Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. In that event, such warranties are limited to the minimum warranties allowed by the applicable law.
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GLANCE OR ITS AFFILIATES, SUPPLIERS AND RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF GLANCE, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, GLANCE, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE (IF ANY). Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
MISCELLANEOUS: This Agreement shall be governed by and construed under the laws of the Commonwealth of Massachusetts, exclusive of its choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Glance may change the terms of this Agreement at any time by posting modified terms on its website. Any and all rights and remedies of Glance upon your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Glance, and the exercise of any one remedy will not preclude the exercise of any other.