End User License Agreement
The Products negotiated through the Service are licensed, not sold, to You for use only under the regards to this license, unless an Item is accompanied by a separate license arrangement, where case the terms of that different license arrangement will regulate, subject to Your previous approval of that different license arrangement. The licensor (“Kelley IT Solutions, LLC”) reserves all rights not specifically given to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.”.
This license does not permit You to utilize the Authorized Application on anydevice that You do not own or control, and You may not distribute or make the Accredited Application readily available over a network where it might be utilized by numerous gadgets at the same time. You could not copy (except as expressly allowed by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to acquire the source code of, customize, or create derivative works of the Certified Application, any updates, or any part thereof (other than as and just to the extent any foregoing constraint is restricted by appropriate law or to the level as could be permitted by the licensing terms governing use of any open sourced elements consisted of with the Authorized Application). The terms of the license will govern any upgrades offered by Kelley IT Solutions, LLC that replace and/or supplement the original Item, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Permission to Utilize of Data
You agree that Kelley IT Solutions, LLC could gather and use technical information and related details, including but not limited to technical details about Your device, system and application software, and peripherals, that is collected occasionally to assist in the arrangement of software updates, product support and other services to You (if any) connected to the Authorized Application. Kelley IT Solutions, LLC could utilize this details, as long as it is in a kind that does not personally assess You, to improve its products or to provide services or innovations to You.
Your rights under this license will terminate instantly without notification from Kelley IT Solutions, LLC if You fail to comply with any term(s) of this license. Upon termination of the license, You will stop all use of the Certified Application, and ruin all copies, full or partial, of the Authorized Application.
Services and 3rd party Materials
The Certified Application might enable access to Kelley IT Solutions, LLC’s and 3rd party services and website (jointly and individually, “Solutions”). Use of the Solutions may need Net access which You accept added terms of service.
You understand that by utilizing any of the Solutions, You may experience material that might be considered offensive, indecent, or objectionable, which material may or might not be assessed as having explicit language, which the results of any search or entering of a certain URL might automatically and accidentally generate links or references to objectionable product. Nevertheless, You accept utilize the Services at Your sole danger which Kelley IT Solutions, LLC will not have any liability to You for content that might be discovered to be offending, indecent, or objectionable.
Certain Solutions might show, consist of or provide material, data, details, applications or materials from 3rd parties (“3rd party Materials”) or offer connected to specific 3rd party internet websites. By utilizing the Services, You acknowledge and agree that the Kelley IT Solutions, LLC is not responsible for analyzing or assessing the content, precision, completeness, timeliness, validity, copyright compliance, legality, decency, quality or other facet of such 3rd party Materials or web sites. Kelley IT Solutions, LLC does not require or support and does not presume and will certainly not have any liability or obligation to You or any other individual for any third-party Services, Third party Materials or web websites, or for any other products, items, or services of 3rd parties. 3rd party Materials and connected to other internet site are provided only as a convenience to You. Financial information shown by any Services is for basic informative purposes just and is not intended to be depended upon as investment guidance. Before executing any securities deal based upon information acquired with the Solutions, You should speak with a monetary expert. Location information provided by any Services is for fundamental navigational purposes only and is not planned to be depended upon in scenarios where precise place info is needed or where incorrect, unreliable or insufficient location information may result in fatality, personal injury, home or ecological damage. Neither the Kelley IT Solutions, LLC, nor any of its content providers, ensures the accessibility, accuracy, completeness, reliability, or timeliness of stock details or area data displayed by any Services.
You agree that any Solutions containing exclusive material, information and product that is protected by applicable intellectual property and other laws, consisting of but not limited to copyright, and that You will not make use of such exclusive material, info or materials in any method whatsoever except for allowed use of the Services. No portion of the Services may be recreated in any kind or by any methods. You concur not to customize, rent, lease, loan, offer, distribute, or create derivative works based on the Services, in any way, and You shall not make use of the Solutions in any unauthorized method whatsoever, consisting of however not restricted to, by trespass or straining network capability. You additionally agree not to make use of the Services in any way to bug, abuse, stalk, threaten, defame or otherwise borrow or break the rights of any other party, and that Kelley IT Solutions, LLC is not in any means responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or prohibited messages or transmissions that You could receive as a result of making use of any of the Solutions.
In addition, third party Solutions and 3rd party Materials that might be accessed from, displayed on or connected to from the interface are not offered in all languages or in all countries. The Kelley IT Solutions, LLC makes no representation that such Solutions and Materials are appropriate or readily available for use in any particular place. Should You decide to access such Services or Materials, You do so at Your very own campaign and are accountable for compliance with any appropriate laws, including but not limited to appropriate regional laws. Kelley IT Solutions, LLC, and its licensors, reserve the right to alter, suspend, eliminate, or disable access to any Services at any time without notice. In no occasion will Kelley IT Solutions, LLC be responsible for the removal of or disabling of access to any such Solutions. The Kelley IT Solutions, LLC might likewise impose limits on using or access to particular Solutions, in any case and without notice or liability.
NO SERVICE WARRANTY
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT USE OF THE CERTIFIED APPLICATION IS AT YOUR SOLE RISK AND THAT THE WHOLE DANGER ABOUT SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE CERTIFIED APPLICATION (“SERVICES”) ARE SUPPLIED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT SERVICE WARRANTY OF ANY KIND, AND APPLICATION SUPPLIER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ACCREDITED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE INDICATED SERVICE WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A CERTAIN PURPOSE, OF PRECISION, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Kelley IT Solutions, LLC DOES NOT WARRANT VERSUS DISTURBANCE WITH YOUR ENJOYMENT OF THE CERTIFIED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE AUTHORIZED APPLICATION WILL SATISFY YOUR REQUIREMENTS, THAT THE OPERATION OF THE ACCREDITED APPLICATION OR SERVICES WILL CERTAINLY BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ACCREDITED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFO OR RECOMMENDATIONS GIVEN BY Kelley IT Solutions, LLC OR ITS LICENSED AGENT SHALL PRODUCE A GUARANTEE. MUST THE ACCREDITED APPLICATION OR SERVICES VERIFY DEFECTIVE, YOU ASSUME THE WHOLE EXPENSE OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. 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 PUT ON YOU.
Constraint of Liability
TO THE DEGREE NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION SUPPLIER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT CONSTRAINT, DAMAGES FOR LOSS OF REVENUES, LOSS OF DATA, BUSINESS DISRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (AGREEMENT, TORT OR OTHERWISE) AND EVEN IF APPLICATION SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE RESTRICTION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS CONSTRAINT MAY NOT PUT ON YOU. In no occasion will Application Service provider’s complete liability to you for all damages (other than as might be needed by appropriate law in cases including individual injury) exceed the quantity of fifty dollars ($50.00). The bypassing restrictions will use even if the above specified solution fails of its essential function.
The laws of Missouri, excluding its problems of law policies, govern this license and your use of the Accredited Application. Your use of the Certified Application might likewise undergo other local, state, nationwide, or international laws.