FastModel Holdings, LLC - FastModel END-USER SOFTWARE AGREEMENT
This Software Agreement ("Agreement") is between You (either an individual or an entity), the End User, and FastModel Holdings, LLC ("FastModel"). For Advanced software users, You is defined as one NBA, NCAA, or professional team. This Agreement authorizes You to use this Software sent to You by electronic mail, or downloaded from FastModel's Web pages or Servers or from other sources under the terms and conditions set forth below. This Agreement is about End-User rights. FastModel owns, and shall continue to own, the copy of the Software, the physical media contained in the sales package.
You have subscribed for the use of this Software from FastModel and the receipt You received for your order of the Software (the "Receipt") identifies the name and level of the Software and the number of Seats that You purchased. The Software is provided for use only by the number of Seats identified in the Receipt and for the period of One Year, with the option to renew your subscription annually by the payment of the annual fee. For Advanced software users, You can only use the software as those individuals employed by the team that purchased said software. You are not permitted to share extra licenses with other teams at the same school. If You do not pay to renew your annual subscription, when due, your access to the Software will be terminated.
Read this Agreement carefully before installing, downloading, or using the Software. By clicking on the "I Accept" button while installing, downloading, and/or using the Software, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, promptly click the "Decline" or "I Do Not Accept" button, cancel the installation or downloading, or destroy or return the Software and accompanying documentation to FastModel. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
As used in this Agreement, the term "Software" means, collectively: (i) the software product that is the subject of the Agreement and to which You shall have access, (ii) digital images, stock photographs, clip art, or other artistic works ("Stock Files"), (iii) related explanatory written materials and any other documentation related thereto ("Documentation"); (iv) fonts, and (v) the upgrades, modified versions, updates, additions of the Software, if any, that You may receive from FastModel during the subscription period.
2. END USER RIGHTS AND USE.
FastDraw grants to You non-exclusive, non-transferable end-user rights to install the Software on the local hard disk(s) or other permanent storage media of one computer and use the Software on a single computer or terminal at one time.
3. LIMITATIONS ON END USER RIGHTS.
You may not copy, distribute, or make derivative works of the Software in any manner whatsoever; this includes, but is not limited to, the fact that You shall not (a) Reproduce or transfer the right to use the Software or copy the Software; (b) Resell, sublicense, rent, lease, or lend out the Software; (c) Reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software; or (d) Display, modify, reproduce, or distribute any of the Stock Files included with the Software, unless specific written permission to do so have been granted to You by FastModel; under no circumstances may Stock Files be used in the production of libelous, defamatory, fraudulent, infringing, lewd, obscene, or pornographic material or in any otherwise illegal manner and You may not register or claim any rights in the Stock Files or derivative works thereof. You agree that You shall only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
The Software is being provided to You for use in coaching. The use of the Software for any other commercial purpose is strictly prohibited unless You apply for and receive specific written permission from FastModel to do so.
The Software and all rights, without limitation, including proprietary rights therein, are owned by FastModel and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of FastModel and/or its licensors and affiliates and non-transferable in any fashion. You shall not make any copies of the Software.
5. COMMENCEMENT and TERMINATION.
This Agreement is effective from the first date You install the Software. Your End-User rights shall automatically and immediately terminate without notice from FastModel if You fail to comply with any provision of this Agreement. If You choose not to renew your subscription and pay the annual subscription fee, You will no longer have access to the Software at that time. FastModel reserves the right to terminate your service at any time, with or without cause.
6. LIMITATION OF WARRANTIES.
YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW NEITHER FastModel, ITS LICENSORS OR AFFILIATES, NOR ANY OF THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. THERE IS NO WARRANTY BY FAST DRAW OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM IT.
7. NO OTHER OBLIGATIONS.
This Agreement creates no obligations on the part of FastModel other than as specifically set forth herein.
8. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FASTMODEL, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF FASTMODEL OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, FASTMODEL, ITS EMPLOYEES OR LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $50.
FastModel is acting on behalf of itself and its employees, licensors or affiliates for the purpose of disclaiming, excluding, and/or restricting obligations, warranties, and liability as provided in this Clause 8.
9. APPLICABLE LAW and GENERAL PROVISIONS.
This Agreement is governed by the laws of the United States of America. All disputes arising from or relating to this Agreement shall be adjudicated exclusively in the State and Federal courts located in the State of Illinois.
This is the entire agreement between FastModel and You relating to the Software, and it supersedes any prior representations, discussions, undertakings, end-user agreements, communications, or advertising relating to the Software.