1. Access and Use.
2. Use Restrictions.
You shall not, directly or indirectly:
- a. copy, modify, or create derivative works or improvements of the Services or other information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans, or reports, that are provided or used by Credit Apps in connection with the Services or otherwise comprise or relate to the Services (collectively the “Credit Apps Materials”)
- b. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Services or Credit Apps Materials to any person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service;
- c. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Services or Credit Apps Materials, in whole or in part;
- d. bypass or breach any security device or protection used by the Services or Credit Apps Materials or access or use the Services or Credit Apps Materials other than through the use of your own then valid Access Credentials;
- e. input, upload, transmit, or otherwise provide to or through the Services or Credit Apps Materials, any information or materials that are unlawful or injurious, or contain, transmit, or activate any Harmful Code;
- f. damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Services, Credit Apps Materials, or Credit Apps’ provision of services to any third party, in whole or in part;
- g. remove, delete, alter, or obscure any trademarks, specifications, Documentation, these Terms, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Services or Credit Apps Materials, including any copy thereof;
- h. access or use the Services or Credit Apps Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction, or disclosure of the data of any other Credit Apps customer) or that violates any applicable Law;
- i. access or use the Services or Credit Apps Materials for purposes of competitive analysis of the Services or Credit Apps Materials, the development, provision, or use of a competing software service or product or any other purpose that is to the Credit Apps’ detriment or commercial disadvantage; or
- j. otherwise access or use the Services or Credit Apps Materials beyond the scope of the authorization granted hereunder.
3. Compliance Measures.
The Services may employ technological copy protection or other security features designed to prevent unauthorized use of the Services, including features to protect against use of the Services: (a) beyond the scope of the authorization granted to pursuant to Section 1; or (b) prohibited under Section 2. You shall not, and shall not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security features.
5. Intellectual Property Rights.
6. Disclaimer of Liability.
IN NO EVENT WILL CREDIT APPS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CREDIT APPS, ITS AFFILIATES, AGENTS, REPRESENTATIVES, THIRD PARTY LICENSORS, RESELLERS, SUPPLIERS, AND CONTRACTORS HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. NEITHER CREDIT APPS NOR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES, THIRD PARTY LICENSORS, RESELLERS, SUPPLIERS, OR CONTRACTORS, NOR ANY PERSON ON BEHALF OF ANY OF THE FOREGOING, WARRANT THAT ANY OF THE OFFERINGS WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE; THAT ANY CONTENT, FILES, DATA OR OTHER MATERIALS UPLOADED TO, DOWNLOADED FROM, OR STORED, DISPLAYED OR OTHERWISE PROCESSED BY OR UTILIZING ANY OF THE OFFERINGS WILL BE TIMELY, CURRENT OR SECURE, OR WILL NOT BE LOST, CORRUPTED OR OTHERWISE DAMAGED OR IMPAIRED; OR THAT CREDIT APPS OR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES, THIRD PARTY LICENSORS, RESELLERS, SUPPLIERS, OR CONTRACTORS WILL BE ABLE TO PREVENT DISRUPTION OF OR TO ANY OF THE OFFERINGS OR THAT THEY WILL CORRECT ANY DEFECTS.
7. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
- a. NEITHER CREDIT APPS NOR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES, THIRD PARTY LICENSORS, RESELLERS, SUPPLIERS, OR CONTRACTORS SHALL BE LIABLE TO YOU OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR BODILY INJURY OR DEATH, OR DAMAGE OR INJURY TO ANY PROPERTY, LOSS OF PROFITS, GOODWILL, USE, FILES, DATA, CONTENT, BUSINESS, OPPORTUNITIES, REVENUES, ANTICIPATED SAVINGS OR OTHERWISE (EVEN IF CREDIT APPS OR ANY SUCH OTHER PERSON HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY WHATSOEVER) IN CONNECTION WITH ANY OF THE OFFERINGS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE FOLLOWING: (I) ACCESS TO OR USE OF OR THE INABILITY TO ACCESS OR USE ANY CREDIT APPS SERVICES OR ANY PART THEREOF OR OTHER OFFERINGS, OR ANY PART THEREOF; (II) THE PROVISION OF OR ANY DELAY OR FAILURE TO PROVIDE, OR ANY INTERRUPTION OF, ANY CREDIT APPS SERVICES OR OTHER OFFERINGS; (III) ANY CREDIT APPS SOFTWARE (WHETHER COMPRISING PART OF, OR UTILIZED IN CONNECTION WITH ANY CREDIT APPS SERVICE OR OTHERWISE); OR (IV) ANY DELIVERABLE.
8. Governing Law.