End User License Agreement (“Agreement”)
Notice to User (“you”)
This is a legally binding contract between you (either an individual or a
single entity) and Harbor Communications, LLC (“Harbor Communications”). By
installing, copying, or otherwise using CommPortal Assistant (the
“Product”) you agree to be bound by all of the terms and conditions of this
Agreement.
The Product is not intended for use by persons under the age of thirteen
(13). If you are under 13 years old, you may not use this application or
provide Harbor Communications with any personal information. If
you are 13 or older but not of legal age to enter into a contract, you
should review these terms and conditions with your parent or guardian to
make sure that you and your parent or guardian understand these terms and
conditions.
By installing, copying, or otherwise using the Product, you affirm that you
are either over the age of majority in your jurisdiction of residence or
are an emancipated minor or possess legal parental or guardian consent, and
that you are fully able and competent to enter into the terms and
conditions of this Agreement, and you agree to be bound by all of the terms
and conditions of this Agreement.
1. License. Harbor Communications grants you a non-exclusive,
non-transferable, limited, revocable license to reproduce and use for
personal or internal business purposes the executable code version of the
Product provided any copy must contain all of the original proprietary
notices. Copies of the Product created or received pursuant to this
Agreement are licensed, not sold, and you receive no title to or ownership
of any copy of the Product. This license does not entitle you to receive
from Harbor Communications hard-copy documentation, technical
support, telephone assistance, or enhancements or updates to the Product.
You do not acquire under this Agreement any right, title or interest in the
Product. If more than one license agreement was provided for the Product,
and the terms vary, the order of precedence of those license agreements is
as follows: a signed agreement, a license agreement available for review on
the Harbor Communications website, a printed or electronic
agreement that states clearly that it supersedes other agreements, a
printed agreement provided with the Product, an electronic agreement
provided with the Product. Harbor Communications may terminate
this Agreement at any time, for any reason or no reason. Harbor
Communications may also terminate this Agreement if you breach any
of its terms and conditions. Upon termination, you shall destroy all copies
of the Product.
2. Restrictions. Without Harbor Communications prior written
consent, you may not:
(i) Modify or create any derivative works of the Product or documentation,
including customization, translation or localization;
(ii) Decompile, disassemble, reverse engineer, “unlock”, attempt to access
or otherwise attempt to discover the source code for the Product (unless
and to the extent only expressly permitted or required under applicable
law);
(iii) Redistribute, encumber, sell, rent, lease, sublicense, or otherwise
transfer rights to the Product;
(iv) Remove or alter any trademark, logo, copyright or other proprietary
notices, legends, symbols or labels in the Product; or
(v) publish any results of benchmark tests run on the Product to a third
party.
3. Proprietary Rights. Title, ownership rights, and intellectual property
rights in the Product shall remain with Harbor Communications
and/or its suppliers. The Product is protected by copyright and other
intellectual property laws and by international treaties.
4. Privacy. You consent to the collection and use of information about you
and your use of the Product in accordance with Harbor Communications
Privacy Policy, which you can find at https://www.harborcom.com/policies/
. Information collected when you use the Product may include technical or
diagnostic information that Harbor Communications may use to
maintain, improve and enhance the Product. Harbor Communications
may also aggregate anonymous registration information after removing or
obscuring your personally identifiable information to maintain, improve and
enhance the Product.
5. Disclaimer of Warranty. YOU USE THIS PRODUCT AT YOUR SOLE RISK. THE
PRODUCT IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED
BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER HARBOR
COMMUNICATIONS NOR ITS SUPPLIERS OR LICENSORS HAS ANY OBLIGATION
TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS. THIS SECTION 5 CONSTITUTES AN ESSENTIAL PART
OF THE BASIS FOR THE BARGAIN PURSUANT TO THIS AGREEMENT. NO USE OF THE
PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THE DISCLAIMER AND OTHER
PROVISIONS OF THIS SECTION 5.
6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL HARBOR COMMUNICATIONS AND ITS PARENT,
AFFILIATE AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUPPLIERS AND LICENSORS, BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND
REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE)
UPON WHICH THE CLAIM IS BASED. IN ANY CASE HARBOR COMMUNICATIONS
AND ITS SUPPLIERS AND LICENSORS’ TOTAL CUMULATIVE LIABILITY UNDER THIS
AGREEMENT SHALL NOT EXCEED THE SUM OF THE FEES YOU PAID FOR THIS LICENSE
(IF ANY). THE LIABILITIES LIMITED BY THIS SECTION 6 INCLUDE, WITHOUT
LIMITATION, LIABILITY FOR NEGLIGENCE EXCEPT THAT NOTHING IN THIS SECTION 6
SHALL LIMIT HARBOR COMMUNICATIONS LIABILITY FOR DEATH OR PERSONAL
INJURY CAUSED BY NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HARBOR
COMMUNICATIONS AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES,
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS,
SUPPLIERS AND LICENSORS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY,
DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO ATTORNEYS’ FEES)
ARISING FROM YOUR USE OF OUR PRODUCT, YOUR NEGLIGENCE OR WILFUL MISCONDUCT,
YOUR VIOLATION OF THIS AGREEMENT OR YOUR INFRINGEMENT, OF ANY INTELLECTUAL
PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO NOTIFY HARBOR
COMMUNICATIONS IMMEDIATELY OF ANY SUCH BREACH, VIOLATION OR
INFRINGEMENT KNOWN TO YOU.
8. Export restrictions. You represent and warrant that: (i) you are not
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; and (ii) you are not listed on any U.S. Government list of
prohibited or restricted parties. You acknowledge that the Product may be
subject to U.S. and other countries’ export and import laws. You agree to
comply with all applicable international and national laws that apply to
Product, including the U.S. Export Administration Regulations, as well as
end-user, end-use, and destination restrictions issued by U.S. and other
governments. You also agree that you will not use the Product for any
purposes prohibited by U.S. or other applicable countries’ laws.
9. Miscellaneous. This Agreement shall be governed by the laws of the
sovereign state of Alabama applicable to contracts made and to be performed
entirely in the sovereign state of Alabama provided however that no application
of conflicts of laws principles shall be effective to modify the
application of Alabama law to this Agreement. You and Harbor Communications
both agree to submit to jurisdiction and venue in the sovereign of state
Alabama. In the event that there is no other effective manner of service,
you hereby appoint the Secretary of the sovereign state of Alabama as your agent
for purposes of service of process. Harbor Communications may
amend this Agreement from time to time, and such amendment will become
effective thirty (30) days after you receive notice thereof, download a new
version of the Product, or otherwise make or accept any modification to the
Product. You understand and agree that your use of the Product after such
amendment effective date constitutes your acceptance of the Agreement as
amended. If any provision in this Agreement should be held illegal or
unenforceable by a court of competent jurisdiction, such provision shall be
modified to the extent necessary to render it enforceable without losing
its intent, or severed from this Agreement if no such modification is
possible, and other provisions of this Agreement shall remain in full force
and effect. A waiver by either party of any term or condition of this
Agreement or any breach thereof, in any one instance, shall not waive such
term or condition or any subsequent breach thereof. If you have any
questions concerning this Agreement, or if you wish to contact Harbor
Communications for any reason, please use the contact information
on the World Wide Web at https://www.harborcom.com .
10. Emergency Calls. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE PRODUCT
IS NOT INTENDED, DESIGNED OR FIT FOR PLACING, CARRYING OR SUPPORTING
EMERGENCY CALLS TO ANY TYPE OF HOSPITALS, LAW ENFORCEMENT AGENCIES, MEDICAL
CARE UNIT OR ANY OTHER KIND OF EMERGENCY SERVICE NOR ANY CALL FOR THE
PURPOSE OF OBTAINING ASSISTANCE, HELP OR AID IN THE EVENT OF AN EMERGENCY.
THERE ARE IMPORTANT DIFFERENCES BETWEEN TRADITIONAL TELEPHONE SERVICES AND
THE PRODUCT. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO
OBTAIN, SEPARATELY FROM THE PRODUCT, TRADITIONAL WIRELESS (MOBILE) OR FIXED
LINE TELEPHONE SERVICES THAT OFFER ACCESS TO EMERGENCY SERVICES, AND THAT
THE PRODUCT IS NOT A REPLACEMENT FOR YOUR PRIMARY TELEPHONE SERVICE.
NEITHER HARBOR COMMUNICATIONS NOR ANY OF ITS PARENT, AFFILIATE AND
SUBSIDIARY COMPANIES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS AND SUPPLIERS, ARE OR WILL BE
LIABLE TO YOU OR ANY THIRD PARTY, WHETHER BASED UPON WARRANTY, CONTRACT,
TORT (REGARDLESS OF THE DEGREE OF FAULT), INFRINGEMENT, STRICT LIABILITY OR
OTHERWISE, IN ANY RESPECT FOR ANY CLAIMS, LOSSES OR DAMAGES (AND YOU HEREBY
WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION) ARISING EITHER DIRECTLY
OR INDIRECTLY FROM THE USE OF, OR THE INABILITY TO USE, THE PRODUCT FOR
EMERGENCY CALLS TO EMERGENCY SERVICES AND FOR CALLS FOR THE PURPOSE OF
OBTAINING ASSISTANCE, HELP OR AID IN THE EVENT OF ANY EMERGENCY, EVEN IF
HARBOR COMMUNICATIONS OR ITS SUPPLIERS OR LICENSORS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH CLAIMS, LOSSES OR DAMAGES.
11. Prohibited Uses. You may not use, encourage, promote, facilitate or
instruct others to use the Product for any illegal, harmful or offensive
use, or to transmit, store, display, distribute or otherwise make available
content that is illegal, harmful or offensive. You agree that your use of
the Product shall in no way and to no extent, whether directly or
indirectly, adversely affect, impede or otherwise hinder or disrupt the
functionality or performance of the platform on which the Product runs.
Prohibited activities or content include:
(i) Illegal Activities. Any activities that violate any applicable laws,
rules or regulations.
(ii) Harmful or Fraudulent Activities. Activities that may be harmful to
other users of the Product, operations, or reputation, including without
limitation offering or disseminating fraudulent goods, services, schemes or
promotions (e.g., Make-Money-Fast Schemes, Ponzi and Pyramid Schemes,
Phishing or Pharming), or engaging in other deceptive practices.
(iii) Infringing Content. Content that infringes or misappropriates the
intellectual property or proprietary rights of others.
(iv) Offensive Content. Content that is defamatory, obscene, abusive, and
invasive of privacy, offensive, indecent or otherwise objectionable.
(v) Harmful Content. Content or other computer technology that may damage,
interfere with, surreptitiously intercept, or expropriate any system,
program or data, including viruses, Trojan horses, worms, time bombs or
cancelbots.
(vi) Spam. Spam-related activities, including the distribution,
publication, sending, or facilitating of unsolicited mass e-mailings,
promotions, advertising or solicitations (like “spam”), including
commercial advertising and informational announcements.
(vii) Security Violations. Use of the Product to violate the security or
integrity of any network, computer or communications system, software
application or network or computing device.
(viii) Commercial or Unauthorized Use. Use of the Product for any revenue
generating endeavour, commercial enterprise or other purpose which is not
authorized under this Agreement or for which it was not designed.
(ix) Network Abuse. Use of the Product to carry out network abuse,
including denial of service attacks or intentional interference with the
proper functioning of any network, computer or communications system,
software application or network or computing device.
