End User Agreement
This End User License Agreement (the “Agreement”) is made between Boomerang Looper LLC and you, our customer (“you” or “your”). This Agreement governs your use of our products that you have acquired or purchased from Boomerang Looper LLC.
1. TERMINATION
This Agreement is effective until terminated. Either party may terminate this Agreement upon written notice to the other party.
Boomerang Looper LLC may also terminate this Agreement immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. If Boomerang Looper LLC terminates this Agreement for breach or other cause, then any such breach or cause may also form the basis of termination of other licenses or agreements that you have with Boomerang Looper LLC.
All sections of this Agreement, which by their nature should survive termination, will survive termination, including, without limitation, warranty disclaimers and limitations of liability. Upon termination of this Agreement for any reason, the License and all rights granted to you under this Agreement will terminate and you will cease to use and destroy the Software.
2. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL BOOMERANG LOOPER LLC (ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS OR EMPLOYEES) WILL NOT BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND TO THE EXTENT AUTHORIZED BY LAW, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROJECTS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR PRODUCTS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) EVEN IF BOOMERANG LOOPER LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BOOMERANG LOOPER LLC BE OBLIGATED, CONTRACTUALLY OR OTHERWISE, TO INDEMNIFY YOU FOR ANY LOSSES THAT YOU MAY INCUR IN CONNECTION WITH OUR PRODUCTS.
3. INDEMNIFICATION
You agree to indemnify, defend and hold Boomerang Looper LLC, including the respective service providers, channel partners, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents, and representatives of Boomerang Looper LLC, free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, to you or any third party arising out of or in connection with any act or omission by you in connection with the use or possession by you of our products.
4. NOTICE
All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
5.. RELATIONSHIP
No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Boomerang Looper LLC in any respect whatsoever.
6. SEVERABILITY, FORCE MAJEURE
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
7. ENTIRE AGREEMENT
You agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes all prior written and oral agreements, communications and other understandings relating to the subject matter of this License, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
8. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California, United States of America, excluding California’s choice-of-law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of California, United States of America, excluding California’s choice-of-law principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods the application of which is expressly excluded.
9. GOVERNING LANGUAGE
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern, to the extent not prohibited by local law.
10. COPYRIGHT POLICY
Boomerang Looper LLC respects the intellectual property rights of others. It is Boomerang Looper LLC’s policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties. To submit a copyright infringement notification to Boomerang Looper LLC, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the below-specified Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.