Loading ...
Loading ...
Loading ...
USER SUBMISSIONS: You agree that any material, information or other communication, including all data, images,
sounds, text, and other things embodied therein, that you transmit or post to a Bobsweep website or provide to Bobsweep
(“Communications”) will be considered non-condential. Bobsweep will have no condentiality obligations with respect to
the Communications. You agree that Bobsweep and its designees will be free to copy, modify, create derivative works,
publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and licensees, incorporate
and otherwise use the Communications, including derivative works thereof, for any and all commercial or non-commercial
purposes without the payment of any royalty to you, and that such license will survive the termination of this Agreement.
TERMINATION: This Agreement becomes effective on the date you accept this Agreement and will continue until terminated
as provided for in this Agreement. You may terminate this Agreement voluntarily at any time. Bobsweep may terminate this
Agreement at any time if you are in breach of any of its terms and conditions, and may refuse to license the Bobsweep
Software or the Bobsweep to you after termination. Upon termination by either party, you will immediately return to Bobsweep
or destroy the Bobsweep Software and the Bobsweep and all your copies thereof. Articles 5 and 7 through 17 of this
Agreement shall survive such termination. U.S. GOVERNMENT RESTRICTED RIGHTS: The Bobsweep Software and
the Bobsweep are provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the Government is subject to
restrictions set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Bobsweep Software or
the Bobsweep by the Government constitutes acknowledgment of Bobsweep’s rights in them.
NO EXPORT: You may not export the Bobsweep Software or the Bobsweep in violation of applicable export laws.
INTERPRETATION PROVISION: The provisions of this Agreement are severable. If any provision of this Agreement is
held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Any law
or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this
Agreement.
INTEGRATION: This Agreement represents the complete agreement concerning the subject matter hereof, and any and all
understandings, conversations and communications, proposals, and counterproposals, oral and written (including any draft
of this Agreement) are merged into and superseded by this Agreement and shall be of no force or effect, except as expressly
provided herein. No such understandings, conversations, communications, proposals, counterproposals or drafts shall be
referred to in any proceeding concerning this Agreement. Further, no understanding contained in this Agreement shall be
modied, altered or amended, except by a writing signed by the party against whom enforcement is sought.
ARBITRATION: All disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall
be subject to nal and binding arbitration, with the losing party paying all costs of arbitration. Any arbitration relating to this
Agreement shall be held in California, under the auspices of an arbiter selected by Bobsweep. Any litigation relating to this
Agreement shall be subject to exclusive venue and jurisdiction in the federal and state courts of California, with the losing
party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses.
APPLICABLE LAWS: Any claim arising under or relating to this Agreement shall be governed by the internal substantive
laws of the Commonwealth of California, without regard to its principles of conict of laws. The application of the United
Nations Convention on Contracts for the International Sale of Goods is expressly excluded.