END-USER LICENSE AGREEMENT FOR MIDPROFILE FOR EBAY
IMPORTANT– READ CAREFULLY: This End-User License Agreement (“EULA”) is a valid and binding legal agreement between you (either an individual or a single entity) and Midprofile Corporation for “Midprofile for eBay”, the product identified above, which includes computer and mobile device software and associated services and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT AND SERVICES”). An amendment or addendum to this EULA may accompany the SOFTWARE PRODUCT AND SERVICES.
Installing and/or using the Product indicates that you have read and understood the terms and conditions contained within this Agreement and that you agree to be bound by the same. This Agreement shall remain effective while you use and continue to make use of the Product. If you do not fully accept the terms and conditions of this Agreement, you must promptly delete or remove the Product from your mobile device and/or computer.
RESERVATION OF RIGHTS. Midprofile Corporation reserves all rights not expressly granted to you in this EULA.
1. GRANT OF LICENSE. You are granted a nonexclusive license to use this software under the terms stated in this agreement. You may not distribute, rent or lease, modify, translate, sublicense, time-share the SOFTWARE PRODUCT AND SERVICES and documentation; neither may you transfer it to another party on a permanent or temporary basis. You may not copy of the software except case of making one copy of this SOFTWARE PRODUCT AND SERVICES as an archival backup copy of the original media. Any other copies you make of the Licensed Software are in violation of this License Agreement.
Midprofile Corporation does not allow any of the following content to be stored on its servers:
a) Illegal Material. This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any US, UK Australia, New Zealand, Canada, or EU or member state legislation.
b) Adult Material. Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Midprofile Corporation.
c) Material that does not additionally meet the standards required by eBay as stated on the eBay website.
Midprofile Corporation will not be responsible for any damages you or your business may suffer. Midprofile Corporation makes no warranties of any kind, expressed or implied for services we provide. Midprofile Corporation does not back up your data, and while every attempt would be made in the event of any corruption or hardware failure, Midprofile Corporation cannot guarantee to be able to replace lost data. Midprofile Corporation disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Midprofile Corporation and its employees. Midprofile Corporation reserves the right to revise its policies at any time.
Midprofile Corporation is not responsible for any inaccuracies in transmission or rendition of data over wireless or wired networks or from any deficiencies in the server or software we provide that might cause an incorrect listing to be registered. If for any reason an eBay listing is incorrectly created you agree to indemnify Midprofile Corporation against any damages your or your business may suffer as a result.
Please note: by signing up for any of our services you agree to be bound by all Midprofile Corporation terms and conditions.
2. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT AND SERVICES, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
3. TERMINATION. Without prejudice to any other rights, Midprofile Corporation may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the SOFTWARE PRODUCT AND SERVICES and all of its component parts.
4. CONSENT TO USE OF DATA. You agree that Midprofile Corporation and its affiliates may collect and use technical information you provide as a part of support services related to the SOFTWARE PRODUCT AND SERVICES. Midprofile Corporation agrees not to use this information in a form that personally identifies you. We reserve the right to disclose user information to law enforcement agencies as a result of subpoena.
5. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Midprofile Corporation and its suppliers provide to you the SOFTWARE PRODUCT AND SERVICES, and any (if any) support services relating to the SOFTWARE PRODUCT AND SERVICES (“Support Services”) AS IS AND WITH ALL FAULTS; and Midprofile Corporation and its suppliers hereby disclaim with respect to the SOFTWARE PRODUCT AND SERVICES and Support Services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SERVICES AND ANY SUPPORT SERVICES REMAINS WITH YOU.
6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL MIDPROFILE CORPORATION OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT AND SERVICES OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF MIDPROFILE CORPORATION OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Midprofile Corporation and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT AND SERVICES. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
8. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE PRODUCT AND SERVICES) are the entire agreement between you and Midprofile Corporation relating to the SOFTWARE PRODUCT AND SERVICES and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE PRODUCT AND SERVICES or any other subject matter covered by this EULA. To the extent the terms of any Midprofile Corporation policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
In no event (including any provision of the END USER LICENSE AGREEMENT or Privacy Policy being found unenforceable) will our liability exceed the amount of the single month’s fees that the user paid immediately prior to the time the action (giving rise to the liability) took place.
9. THE SOFTWARE PRODUCT AND SERVICES. All associated documentation and on-line materials are protected by copyright and other intellectual property laws and treaties. Midprofile Corporation or its suppliers own the title, copyright, and other intellectual property rights in the SOFTWARE PRODUCT AND SERVICES. The SOFTWARE PRODUCT AND SERVICES is licensed, not sold.
10. ADDITIONAL TERMS AND CONDITIONS – HIGH RESOURCE USE POLICY: Resources are defined as bandwidth, processor utilization or disk space. Midprofile Corporation may implement the following policy to its sole discretion. When a registered user of the SOFTWARE PRODUCT AND SERVICES is found to be monopolizing the resources available Midprofile Corporation reserves the right to suspend that member immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
NOTE The eBay user is responsible for any charges and listing fees owed to eBay and for any mobile phone charges.
