me inc. SHOUT POSTCARD LICENSE

 

IMPORTANT — READ CAREFULLY BEFORE USING THIS SOFTWARE:

 

This is a legally binding agreement ("Agreement") between You and Me Inc. ("Me Inc.") for Me Inc.'s software ("Software"). By clicking on the "I Accept" button or by installing, copying or otherwise using the Software, you will acknowledge that you have read and understood and agree to be bound by this Agreement. If you do not accept this Agreement, please click on the "Cancel" button and/or do not install, copy or use the Software.

 

1. GRANT OF LICENSE.

(a) Me Inc. hereby grants to You a fee-free, limited use, personal, non-exclusive and non-transferable right-to-use the Me Inc. Shout Postcard application ("Software") solely on your mobile or handheld device. Me Inc. reserves the right to modify or terminate this right-to-use license. The fee-free nature of this license does not include any charges you mobile carrier may require for the use of the Software.

 

(b) You may share the Software with other individuals solely for their use on their mobile or handheld device provided they accept the terms and conditions of this Agreement. You may use the Software to send Shouts via email to people who have agreed to receive communication from You.  Recipients can also opt-in to receive Shouts on their phones and can opt-out to receive Shouts on their phones.  We do not allow you to send to someone's phone that hasn't opted-in via our email. You shall use commercially reasonable efforts to ensure that all persons who have requested to receive information from You (opted in). Me Inc. reserves the right to audit the opt-in records that you keep in support of this requirement.

 

(c) This Agreement governs any upgrades provided by Me Inc. that replace or supplement the original Software unless such upgrade is accompanied by a separate and superseding license agreement.

 

(d) Me Inc. may modify the Software with respect to any later versions of the Software at any time without prior notice to you, although notice may be made via the communication provisions described below.

 

2. LICENSE RESTRICTIONS.

 

(a) Me Inc. retains all right title and interest in and to the Software. The Software is protected by U.S. copyright laws and international copyright treaties.

 

(b) You shall not (i) use the Software in any way that is detrimental to Me Inc. or its third party suppliers, (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software; or (iii) remove any proprietary notices or labels on the Software. Any such forbidden use shall immediately terminate your rights under this Agreement.

 

(c) You shall only use the Software in compliance with all applicable laws, including but not limited to copyright or other intellectual property laws. You shall not use the Software to: (i) send spam or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortuous material, including material that is harmful to children or that violates a third party's privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) knowingly send messages to any person who has provided notice that they do not wish to receive them; or (v) attempt to gain unauthorized access to Me Inc.'s related systems or networks.

 

3. PROTECTION AND PRIVACY.

Me Inc. may collect identifiable information such as Your telephone number and telephone service carrier for Me Inc.'s use in sending You SMS notifications. Access or other use of the Software by You constitutes information voluntarily given by You. Me Inc. will not knowingly disclose Your or Contact information to any third parties.

 

4. Export

 

You hereby assure Me Inc. that You do not intend to and will not knowingly, without the prior written consent, if required, of the office of Export Administration of the U.S. Department of Commerce, Washington, DC, 20230, re-export or disclose directly or indirectly the Software to countries specified in the Export Administration Regulations issued by the U.S. Department of Commerce or to any other country to which such transmissions is restricted by such regulations or statutes. You agree that its obligations under this Section shall survive and continue after any termination of this Agreement.

 

5. WARRANTIES.

 

Me Inc. does NOT warrant that your operation and use of the Software will be uninterrupted, error-free or secure. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ME INC. DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND DOCUMENTATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

6. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL ME INC. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE EVEN IF ME INC. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

7. TERMINATION.

Your right to use the Me Inc. Products and Services under this Agreement shall automatically terminate, without notice, if you violate this Agreement. You may also terminate this Agreement at any time. Upon any such termination, you shall immediately discontinue use of the Me Inc. Products and Services.

 

8. MISCELLANEOUS.

 

(a) A waiver of any part of this Agreement is not a waiver of any other part of this Agreement.

 

(b) You shall not assign this Agreement, in whole or in part.

 

(c) Notices are considered delivered when Me Inc. sends them by email to the address You provided to Me Inc..

 

(d) If any part of this Agreement is held invalid, that part may be severed from this Agreement.

 

(e) This Agreement and any disputes covered by it are governed by the laws of the State of Utah without regard to its conflicts of laws rules.

 

(f) This Agreement constitutes the entire agreement between the parties relating to this subject matter. This Agreement may be amended or modified only with the express written consent of Me Inc.