BY SIGNING AT THE END OF THIS AGREEMENT, SELL A SCRIPT WILL GRANT YOU A NON-ASSIGNABLE NON-EXCLUSIVE LICENSE TO ACCESS ITS ONLINE SERVICE, AND, IN CONSIDERATION THEREOF, YOU WILL BE AGREEING TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. DO NOT SIGN THIS AGREEMENT, UNLESS YOU FULLY INTEND TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Sell A Script reserves the right to periodically revise the terms of this Agreement, by changing, modifying, adding or removing information from this page. You agree to be bound by subsequent revisions to this Agreement. Please check this Agreement periodically for changes.
Sell A Script reserves all right, title, and interest not expressly granted under this Agreement.
- Limited Non-exclusive License. As a result of you signing at the end of this Agreement, Sell A Script has granted to you a non-exclusive non-assignable limited license to access the Online Service subject to the terms and conditions of this Agreement. You acknowledge, understand, and agree that any feature of the Online Service may be changed by Sell A Script. without notice to you and that Sell A Script. reserves all of its rights with respect to the Online Service not expressly granted under this Agreement.
- Use. You agree that all information and content whatsoever obtained by you from accessing the Online Service ("Content") may be used only by you and only for your own purposes, and you agree not to disclose, re-transmit or otherwise make available to any other individual or to any entity any of the Content. Without limitation of the foregoing, you acknowledge, understand and agree that you may not use (and may not assist any individual or entity with respect to the use of) any of the Content for development or use in connection with any data-related product or service, including any data provision product or service. Except as expressly permitted hereby, no license is granted with respect to any intellectual property rights.
- Accuracy of Representations. You represent and warrant that all information provided by you in the subscription process is correct and complete.
- Fees. You agree to make payments to Sell A Script. in accordance with the pricing option you selected. Such payment option has been selected by you, by clicking on the selected option or by sending a check or money order for said amount.
- Login ID / Password. You acknowledge and understand that you will choose a login ID and user password, which will allow you to obtain access to the Online Service. You agree not to disclose your login ID or password to any other individual or any entity, and you agree to immediately notify Sell A Script. if you obtain knowledge that any other individual or any entity is using your login ID and/or password.
- Limitation of Liability; Disclaimer of Warranty.
- The Content has been collected, developed and assembled from internal and external sources, which Sell A Script. believes to be reliable. However, you acknowledge and understand that Sell A Script does not represent or warrant that any item of the Content is accurate or complete or remains up-to-date. You acknowledge, understand and agree that it is your responsibility to evaluate the accuracy, completeness, reliability and usefulness of the Content and that you are assuming the complete risk of all errors and/or omissions in the Content. You also acknowledge, understand and agree that Sell A Script may change any portion of the Content at any time and that Sell A Script reserves the right to edit any of the Content based on Sell A Script's editorial judgment. You also acknowledge and understand that with respect to any third party websites to which the Online Service may be linked, Sell A Script makes no representation or endorsement and that you access any such third party websites at your own risk.
- You acknowledge and understand that you are assuming the complete risk of any delay or interruption in the Online Service due to any electronic or mechanical equipment failure, telephone internet failure, or any other type of equipment or mechanical failure or due to any other cause (including, without limitation, any natural cause or labor-related cause) which may result in any such delay or interruption and that you are also assuming all responsibility for detecting and eradicating any virus that is passed through as a result of your use of the Online Service.
- You acknowledge and understand that Sell A Script does not represent or warrant any results to be obtained by using the Content and that Sell A Script does not represent or warrant that the Content will be suitable for your needs or requirements or will be suitable for any particular purpose.
- All information and Content provided by Sell A Script is provided to you "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Sell A Script makes no representation or warranty that the information or Content provided on this site is accurate or complete or remains up to date. You are solely responsible for your use of the information and Content on this site and evaluating its accuracy, completeness, reliability and usefulness. Your use of the Sell A Script site is at your own risk. Sell A Script may make changes to the Content and information at any time.
- Indemnity. You agree to defend, indemnify and hold harmless Sell A Script, its licensees, successors and assignees, its Content providers, advertisers and sponsors, the parent, affiliated and subsidiary companies of each of them and the officers, directors, employees, and agents of each of them from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) any loss or injury caused, in whole or in part, by Sell A Script's actions, omissions or negligence, or for occurrences beyond its control, in procuring, compiling, or transmitting the Content; (ii) any errors, omissions or inaccuracies in the Content regardless of how caused, or delays or interruptions in the transmission of the Content regardless of how caused; (iii) any decision made or not made or actions taken or not taken in reliance upon the Content; (iv) any loss, failure by your computer equipment or other property, communication line failures, computer viruses or inability to access the online service; or (v) any direct, incidental, consequential, indirect or punitive damages, whether in contract, tort or otherwise, arising out of your access to or use of the online Service or its Content.
- In agreeing to the foregoing, you acknowledge and understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected and in accordance with such waiver, you hereby acknowledge that you have read and understand, and expressly hereby waive with respect to any such claims any and all rights and benefits of, Section 1542 of the Civil Code of California, which states:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
- Admission of This Agreement. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in any judicial or administrative proceeding based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Use of Information. Subject to such privacy policies as Sell A Script may implement and post on its website, you acknowledge, understand and agree that Sell A Script may use information provided by you, including without limitation, your name, address, and e-mail address for its internal business and marketing purposes.
- Equipment. You acknowledge, understand and agree that you are responsible for all equipment and telephone connections for use (and associated costs and taxes) with respect to access of the Online Service via your personal computer.
- Termination. You agree that this Agreement and the license rights granted to you hereunder may be terminated by Sell A Script, or you at any time. You may terminate this Agreement by e-mailing email@example.com. Notwithstanding the foregoing, you agree that termination by you shall not affect your obligation to make the required payment pursuant to the payment option you selected and you also acknowledge, understand and agree that termination of this Agreement by Sell A Script or by you will not entitle you to a refund of any payments previously made by you. Notwithstanding any provision herein, you agree that all of the provisions of Section 6 of this Agreement (relating to limitation of liability and disclaimer of warranty) shall survive the termination of this Agreement.
- Applicable Law. You agree that this Agreement shall be construed in accordance with the laws of the State of California applicable to contracts entered into and wholly to be performed within said state.
- Recovery of Attorney Fees. You agree that if Sell A Script takes action to enforce any of the provisions of this Agreement, including without limitation, collection of any amounts due under this Agreement, Sell A Script shall be able to recover from you (and you agree to pay), in addition to all sums to which Sell A Script is entitled, reasonable attorneys' fees and all costs of any litigation.
- Miscellaneous. You acknowledge, understand and agree to the following:
Choice of Law and Forum. This Agreement, its interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the State of California applicable to contracts entered into and wholly to be performed within said state. You hereby consent to the personal jurisdiction of the State of California, acknowledge that venue is proper in any state or Federal court in the State of California, agree that any action related to this Agreement must be brought in a state or Federal court in the State of California, and waive any objection you may have in the future with respect to any of the foregoing. Notwithstanding the foregoing, Sell A Script reserves the right to commence an action in your home state in regards to this Agreement.
Severability. If any provision of this Agreement, or application thereof, shall be held invalid by a court of competent jurisdiction, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
Use of "You" or "Your". The words "you" or "your" shall also mean heirs, executors, administrators, successors, legal representatives and permitted assigns.
Waiver. Any waiver of any provision of this Agreement must be in writing and signed by an authorized representative of Sell A Script.
PLEASE PRINT AND SIGN ONE COPY OF THIS FORM (FOR EACH WRITER), THEN RETURN
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