| License agreement between
Leading Edge Provider and our customers regarding OBM. |
 |
YOU ACKNOWLEDGE THAT YOU HAVE
READ THE FOLLOWING LICENSE AGREEMENT, AS WELL AS UNDERSTAND
IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES
ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND
ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT
MATTER OF THIS LICENSE AGREEMENT.
BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE PRODUCT(S)
IDENTIFIED ABOVE INCLUDING ANY ACCOMPANYING ELECTRONIC
DOCUMENTATION (TOGETHER, THE "SOFTWARE"), YOU
INDICATE YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT ("LICENSE
AGREEMENT"). IF YOU DO NOT AGREE TO THE TERMS AND
CONDITIONS HEREIN, YOU SHOULD NOT CONTINUE WITH THE DOWNLOAD/INSTALLATION
PROCESS.
YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE
OR ANY COPY, EXCEPT AS EXPRESSLY PROVIDED IN THIS LICENSE
AGREEMENT.
This License Agreement is between LEADING EDGE PROVIDER,
INC., and you (AS THE "LICENSEE."), the person
or entity downloading and/or using the Software. This
License Agreement sets forth terms and conditions applicable
to your use of the Software.
1.
LICENSE
The Software is licensed, not sold, to you. The term "Software"
shall also include any future versions and updates of
the Software licensed to you by LEADING EDGE PROVIDER,
INC. subject to the terms of this License Agreement. |
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2.
RESTRICTIONS
Except as expressly permitted by this License Agreement,
you hereby acknowledge and agree that: (1) you will not
modify or translate the Software, except that you may
configure the Software using the menus, options and tools
provided for such purposes and contained in the Software;
(2) you will not copy the Software except as permitted
in the paragraph labeled COPYRIGHT; (3) you will not in
any way reverse engineer, disassemble or decompile the
Software or any portion thereof except to the extent and
for the express purposes authorized by applicable law
not withstanding this limitation; (4) you will not transmit,
or provide access to, the Software over a network except
as required by the Software's primary functions (5) you
will not sub license, assign, rent, sell, lease, distribute
or otherwise transfer the Software or any of the rights
granted by this License Agreement. You may, however, physically
transfer the Software from one computer to another provided
that you do not retain any copies of the Software on the
prior computer except as authorized in the permitted use
table; (6) you will not avoid, or attempt to avoid, any
applicable time limitation; (7) you will not release the
results of any performance or functional evaluation of
the Software to any third party without prior written
approval of LEADING EDGE PROVIDER, INC. for each such
release; and (8) you will not use LEADING EDGE PROVIDER,
INC.'s name or refer to LEADING EDGE PROVIDER, INC. directly
or indirectly in any papers, articles, advertisements,
sales presentations, news releases or releases to any
third party without the prior written approval of LEADING
EDGE PROVIDER, INC. for each such use. If you wish to
develop an interface to the Software or merge the Software
with any other software, you shall inform LEADING EDGE
PROVIDER, INC. and LEADING EDGE PROVIDER, INC., at its
option, and possibly for a fee, may provide you with information
sufficient to enable interoperability between the Software
and such other software or products. |
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3.
COPYRIGHT
The Software is copyrighted by LEADING EDGE PROVIDER,
INC. and/or its suppliers. You may not copy the Software
except to provide a backup copy and to load the Software
into the computer as part of executing the Software. Solely
with respect to electronic documentation included with
the Software, you may make an unlimited number of copies
(either in hardcopy or electronic form), provided that
such copies shall be used only for internal purposes and
are not republished or distributed to any third party.
Any and all other copies of the Software and/or the documentation
made by you are in violation of this License Agreement. |
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4.
OWNERSHIP
You agree that LEADING EDGE PROVIDER, INC. and/or its
suppliers retain all right, title and interest in and
to the Software and all copies at all times, regardless
of the form or media or on which the original or other
copies may subsequently exist. You agree that you neither
own nor hereby acquire any claim or right of ownership
to the Software or to any related patents, copyrights,
trademarks or other intellectual property. You agree to
use your best efforts to prevent and protect the contents
of the Software from unauthorized disclosure or use. LEADING
EDGE PROVIDER, INC. and/or its suppliers reserve all rights
not expressly granted to you. LEADING EDGE PROVIDER, INC.'s
suppliers are the intended third party beneficiaries of
this License Agreement and have the express right to rely
upon and directly enforce the terms set forth herein.
Any content or information accessed through the Software
is the property of the applicable content/information
owner and may be protected by applicable copyright law.
This License Agreement gives you no rights to such content
or information. |
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5.
DESCRIPTION OF SERVICES
Subject to LEADING EDGE PROVIDER, INC.'s acceptance of
Your registration and Your compliance with the terms and
conditions of this Agreement, LEADING EDGE PROVIDER, INC.
will provide You with the following service (the "Basic
Service") : (a) LEADING EDGE PROVIDER, INC. will
establish one (1) online storage and online backup account
in Your name on the LEADING EDGE PROVIDER, INC. servers
(the "Account"); (b) LEADING EDGE PROVIDER,
INC. will initially allow you to store up to a total of
50GB of data files in your Account on a trial basis for
30 days if the trial option is chosen, or will allow you
to store up to a limit higher than the trial offer depending
on the user's choice among the provided storage options
for a subscription fee; and (c) LEADING EDGE PROVIDER,
INC. will allow You to retrieve data files from Your Account.(d)
In Your use of the Service, you are responsible for providing
the following: (i) all equipment, such as a computer and
modem, necessary to access the World Wide Web; (ii) Your
own access to the World Wide Web; and (iii) payment of
all telephone or other fees associated with such access.
ONLINE BACKUP MANAGER provides an extensive range of services.
It is possible that one or more of these services may
not be available at certain times. Refer the home page
to get the status on the services. |
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6.
CONDITIONS OF USE
You are solely responsible for the content of all data
You store or retrieve from, or attempt to store or retrieve
from, Your Account and the Public Folders and for all
transmissions by You from and to Your Account. Your use
of the Service is subject to all applicable local, state,
national and international laws and regulations. You will:
(a) not use the Service for any illegal purposes; (b)
not use the Service to store, retrieve, transmit or view
any file, data, image or program that contains: (i) any
illegal pictures, materials or information; (ii) any harassing,
libelous, abusive, threatening, harmful, vulgar, pornographic,
obscene or otherwise objectionable material of any kind
or nature; (iii) any material that encourages conduct
that could constitute a criminal offense, give rise to
civil liability or otherwise violate any applicable local,
state, national or international law or regulation; (iv)
any code or material that violates the intellectual property
rights of others; (v) any Windows temporary files of any
kind (including, without limitation, any *.p or ~*.* files);
or (vi) any viruses, worms, "Trojan horses"
or any other similar contaminating or destructive features;
(c) comply with United States and other applicable law
regarding the exportation and re-exportation of any data
or other materials from the United States or other jurisdictions
through the Service; (d) not use the Service for any spamming,
chain letters or other use that may otherwise disrupt
the Service or the networks through which You access and
use the Service; (e) comply with all regulations, policies
and procedures of networks through which You access and
use the Service; and (f) not access or attempt to access
any Service account for which You have no access authorization
or duplicate, modify, distribute or display any of the
data or files from any such account.(g) not use sharing
features in a way that amounts to 'publishing' and restrict
the use of sharing features to share data between friends,
colleagues and business partners, in a very limited sense.
(h) ONLINE BACKUP MANAGER service should not be used to
sell digital content to others. It is not a media for
dissemination of digital content for commercial purposes.
ONLINE BACKUP MANAGER may use automated procedures to
detect unacceptable level of usage and may immediately
disable offending accounts, and the process of detection
may vary from time to time, based on misuse detected.
ONLINE BACKUP MANAGER is NOT a service for storing and
disseminating large amounts of data to large number of
recipients. It is an Online backup and storage service.
ONLINE BACKUP MANAGER is not responsible for any business
interruptions that may be caused due to this process. |
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7.
REGISTRATION INFORMATION / CREDIT CARD CHARGES
You will promptly notify LEADING EDGE PROVIDER, INC. of
any change in the information You provide on Your registration
form during Your registration for the Service (including,
without limitation, any change in Your mailing address,
telephone numbers or email address). The registration
information provided by You on Your registration form
during Your registration for the Service, together with
any and all updates provided by You from time to time
under this paragraph, is referred to in this Agreement
as the "Registration Information. LEADING EDGE PROVIDER,
INC.'s policy regarding the privacy and use of the Registration
Information is set forth in LEADING EDGE PROVIDER, INC.'s
privacy policy, as the same may be modified and amended
by LEADING EDGE PROVIDER, INC. from time to time (the
"Privacy Policy"). When You accept this Agreement,
You acknowledge that You agree to the terms of the Privacy
Policy.
You authorize a recurring monthly or annual charge to
your credit card in exchange for use of the ONLINE BACKUP
MANAGER service as indicated by published standard plans
or a customized quote provided for your specific use.
You also agree that the enrollment for the next service
period is automatic. Refunds on a pro-rated basis are
issued only for monthly plans. When yearly subscriptions
are cancelled before the subscriptions end, refunds are
issued based on a prorated calculation of the subscription
charges at the monthly rate for the plan, for the actual
number of days the account was subscribed(the number of
days between the most recent yearly charges and the cancellation
date). If the calculated refund amount exceeds the yearly
subscription rate, then no refund is issued.
ONLINE BACKUP MANAGER will not issue any prorated refunds
for the remaining period during the month when an account
with a monthly subscription plan ("current plan")
is downgraded to a smaller plan ("new plan")
(a plan that costs less per month than the current plan)
during the middle of a month. However the rate applicable
to the new plan will automatically be charged starting
the first of the subsequent month.
ONLINE BACKUP MANAGER does not allow storage space beyond
the specified plan limit chosen by the user. Backup will
fail until the space is added to current plan. |
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8.
ACCOUNT AND PASSWORD
After You accept this Agreement and Your registration
has been accepted by LEADING EDGE PROVIDER, INC., You
will receive a link by email, on activation of which Your
Account will be established. You are solely responsible
for any consequences arising out of Your failure to maintain
the confidentiality of Your Password/encryption password.
You will notify LEADING EDGE PROVIDER, INC. of any unauthorized
use or other breach in security of Your Account immediately
after You learn of the same. |
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8.
(a) ENCRYPTION PASSPHRASE SYSTEM
ONLINE BACKUP MANAGER enforces encryption of data on storage
with a user defined key known only to the user and no
one else. Even the ONLINE BACKUP MANAGER personnel do
not have access to this key as it is not stored on the
ONLINE BACKUP MANAGER servers. It is very important that
you store this key in a safe place and maintain this key
in printed form for easier reference. Any data backed
up using ONLINE BACKUP MANAGER can only be retrieved using
this key and if you forget or misplace this key then your
data may not be retrievable. ONLINE BACKUP MANAGER is
NOT responsible for loss of data arising as a result of
such cases.
If you are installing the ONLINE BACKUP MANAGER application
on a fresh machine, re-enter the encryption password key
correctly. IF YOU ENTER AN INCORRECT ENCRYPTION PASSWORD
KEY, YOUR DATA WILL NOT BE RETRIEVED CORRECTLY. |
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9.
SECURITY OF STORED DATA AND FILES
LEADING EDGE PROVIDER, INC. will endeavor to restrict
access to the data and files You store or retrieve from
Your Account to persons accessing such data and files
through use of Your Account or Password. However, no password-protected
system of data storage and retrieval can be made entirely
impenetrable. Accordingly, You hereby acknowledge that
it may be possible for an unauthorized third party to
access, view, copy, modify and distribute the data and
files You store in Your Account. |
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10.
CONTENT OF STORED DATA AND FILES
You are solely responsible for (a) obtaining sufficient
rights to the content of all data and files stored by
You on LEADING EDGE PROVIDER, INC.'s servers and (b) ensuring
that such content does not include any of the items listed
in paragraph 2(b) above. LEADING EDGE PROVIDER, INC. normally
does not review, inspect, edit or monitor any content,
data or files stored by You or any other user of the Service,
including, without limitation, for viruses, worms, "Trojan
horses" or any other similar contaminating or destructive
features. However, if LEADING EDGE PROVIDER, INC. has
suspicion that an account is being used for storage and
distribution of any illegal material such as copy-righted
content, LEADING EDGE PROVIDER, INC. reserves the right
to examine the content of the online storage and backup
account. LEADING EDGE PROVIDER, INC. reserves the right
to refuse, remove or disable access to any data or files
stored on LEADING EDGE PROVIDER, INC.'s servers with immediate
effect that LEADING EDGE PROVIDER, INC. learns may be
illegal, may violate the terms of paragraph 2 above, may
violate the rights of any third party or otherwise may
be reasonably objectionable. |
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11.
BACKUPS OF YOUR DATA
ONLINE BACKUP MANAGER may maintain regular backups of
data to recover from any software/hardware failures. However,
the most important step for a reliable backup is at the
user end; user is expected to view and verify the logs
periodically to insure that the backups do take place
successfully, and take necessary corrective action if
there are errors. User is also expected to periodically
upgrade the backup client to the most recent version for
improved reliability of backups. |
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12.
DISCLAIMER OF WARRANTY
YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE
RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
LEADING EDGE PROVIDER, INC., ON BEHALF OF ITSELF AND ITS
DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL
WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING
BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT). YOUR ACCOUNT AND THE SERVICE
MAY NOT MEET YOUR NEEDS. LEADING EDGE PROVIDER, INC. MAKES
NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR
THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR
ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED,
VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU
STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D)
THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST
OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU
RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR
CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA. |
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13.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT AND UNDER NO LEGAL THEORY SHALL LEADING EDGE
PROVIDER, INC., ITS DISTRIBUTORS AND SUPPLIERS, OR ANY
OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION,
OR DELIVERY OF THE SOFTWARE BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, COVER OR OTHER DAMAGES OF ANY CHARACTER
ARISING OUT OF THIS LICENSE AGREEMENT OR THE USE OF OR
INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED
TO, PERSONAL INJURY, LOSS OF DATA, LOSS OF PROFITS, DATA
OR OUTPUT FROM THE SOFTWARE BEING RENDERED INACCURATE,
FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS,
DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR
LOSSES OF WHATEVER NATURE, EVEN IF LEADING EDGE PROVIDER,
INC. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Product supports certain cryptographic and authentication
features, including but not limited to Secure Sockets
Layer communications, that may require the installation
and/or use of a digital certificate. Digital certificates
are issued, validated, and revoked by third-party certification
authorities ("CAs") over which Licensor has
no control. Licensee is solely responsible for familiarizing
itself with the terms and conditions established by a
CA for the use of, or reliance upon, its digital certificates,
including but not limited to any obligation of Licensee
to validate a digital certificate, maintain the security
of a cryptographic key or password, or pay fees for certification
services. LEADING EDGE PROVIDER, INC. has preloaded digital
certificates of certain CAs into the Product in order
to facilitate the recognition of digital certificates
that such CAs have issued to persons, organizations, or
devices.
LICENSEE IS SOLELY RESPONSIBLE FOR ANY DECISION TO USE
OR RELY UPON A DIGITAL CERTIFICATE, INCLUDING THOSE DIGITAL
CERTIFICATES THAT LEADING EDGE PROVIDER, INC. HAS PRELOADED
INTO THE PRODUCT. LEADING EDGE PROVIDER, INC. BEARS NO
RESPONSIBILITY FOR THE VALIDITY OR ACCURACY OF ANY DIGITAL
CERTIFICATE, OR FOR THE SECURITY OR INTEGRITY OF ANY COMMUNICATION
AUTHENTICATED BY A DIGITAL CERTIFICATE. |
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14.
EXPORT CONTROLS
This Software is subject to export control. The Software
may be transmitted, exported, or re-exported only under
applicable export laws and restrictions and regulations
of the United States Bureau of Export Administration or
foreign agencies or authorities. By downloading or using
the Software, you are agreeing to comply with export controls.
The Software may not be downloaded or otherwise exported
or re-exported to any country subject to U.S. trade sanctions
governing the Software, sanctioned countries including
Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria,
or by citizens or residents of such countries except citizens
who are lawful permanent residents of countries not subject
to such sanctions, or by anyone on the US Treasury Department's
list of Specially Designated Nationals and Blocked Persons
or the US Commerce Department's Table of Denial Orders. |
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15.
INDEMNIFICATION
You will defend, indemnify and hold LEADING EDGE PROVIDER,
INC., its parents, subsidiaries, affiliates, agents, officers,
directors and employees, harmless from any claim or demand,
including reasonable attorneys' fees and costs, made by
any third party due to or arising out of (a) Your use
of Your Account and the Service, (b) any data files and
content stored by You in Your Account and otherwise on
the LEADING EDGE PROVIDER, INC. servers and (c) any violation
of this Agreement by You. |
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16.
NO OBLIGATION
LEADING EDGE PROVIDER, INC. is under no obligation to
develop, maintain or market the Software. Future versions
of the Software, if any, may not be compatible with the
current release of the Software. |
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17.
FEEDBACK
Any comments or materials sent to LEADING EDGE PROVIDER,
INC. including feedback data, such as questions, comments,
suggestions, or the like regarding the Software (collectively
"Feedback"), shall be deemed to be non-confidential.
LEADING EDGE PROVIDER, INC. shall have no obligation of
any kind with respect to such Feedback and shall be free
to reproduce, use, disclose, exhibit, display, transform,
create derivative works and distribute the Feedback to
others without limitation. Further, LEADING EDGE PROVIDER,
INC. shall be free to use any ideas, concepts, know-how
or techniques contained in such Feedback for any purpose
whatsoever, including but not limited to developing, manufacturing
and marketing products incorporating such Feedback. |
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18.
US GOVERNMENT RIGHTS
If the Software is downloaded or installed for or on behalf
of the United States of America, its agencies and/or instrumentalities
("US Government"), the Software is provided
to the US Government as commercial computer software under
FAR 12.212 and DFARS 227.7202, or an equivalent provision
(e.g., in supplements of various US government agencies,
as applicable), and the restrictions set forth in this
License Agreement. Manufacturer is LEADING EDGE PROVIDER,
INC., and/or its affiliates, LEADING EDGE PROVIDER, INC. |
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19.
GENERAL
You must reproduce and include any copyright notices,
trademarks or other proprietary legends of LEADING EDGE
PROVIDER, INC. and its suppliers on any copy of the Software
made by you. This License Agreement is governed by the
laws of the State of California, United States, without
reference to conflict of laws provisions or the United
Nations 1980 Convention on Contracts for the International
Sale of Goods and any amendments thereto.
You acknowledge that a violation of this License Agreement
may cause irreparable harm to LEADING EDGE PROVIDER, INC.,
and you agree that, in addition to any other remedies
provided by law, LEADING EDGE PROVIDER, INC. shall be
entitled to seek injunctive relief against any such violation
without having to post a bond. If any provision of this
License Agreement is ruled invalid, such invalidity shall
not affect the validity of the remaining portions of this
License Agreement. All terms of any purchase order or
other ordering document submitted by you shall be superseded
by this License Agreement. Should you have any questions
concerning this License Agreement, you may contact LEADING
EDGE PROVIDER, INC. The product name for the Software
is a trademark or registered trademark of LEADING EDGE
PROVIDER, INC. All other trademarks displayed by the Software
are the property of their respective owners.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS
OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL,EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO,PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. |
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20.
TERMINATION
Either you or LEADING EDGE PROVIDER, INC. may terminate
this Agreement with or without cause at any time by giving
notice of such termination to the other in the manner
described in paragraph 22 below. Further, if LEADING EDGE
PROVIDER, INC. believes that You have violated Your obligations
under this Agreement, LEADING EDGE PROVIDER, INC. may,
at its option and in addition to its other remedies, immediately
and without notice, suspend Your Account, remove and destroy
data and files stored by You on LEADING EDGE PROVIDER,
INC.'s servers and/or terminate this Agreement. LEADING
EDGE PROVIDER, INC. will not be liable to You or any third
party for any suspension or termination of Your Account
or the Service. Should You object to any terms and conditions
of this Agreement or any subsequent modifications thereto
or become dissatisfied with the Service in any way, Your
only recourse is to immediately: (a) discontinue use of
the Service; (b) terminate this Agreement; and (c) notify
LEADING EDGE PROVIDER, INC. of such termination. Upon
any termination of this Agreement, You will cease use
of the Service and, within five (5) days after the effective
date of such termination, remove all of Your stored data
files from the LEADING EDGE PROVIDER, INC. servers. LEADING
EDGE PROVIDER, INC. may destroy any of Your stored data
files that are not removed from LEADING EDGE PROVIDER,
INC.'s servers within such five (5)-day period. Paragraphs
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25
of this Agreement (and any other provision that can be
reasonably construed to survive termination) will survive
termination of this Agreement. |
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21.
NOTICES
Any notice under this Agreement given by LEADING EDGE
PROVIDER, INC. to You will be deemed to be properly given
if sent by email to Your email address as set forth in
the Registration Information, or by a startup screen that
starts before Your next use of the Service or by written
communication mailed by first class US mail to Your address
on record in the Registration Information or by a display
about the changed information in the agreement on the
index page if the change is generic. It is important that
you maintain a correct working email ID and update it
if necessary to be able to receive LEADING EDGE PROVIDER,
INC.'s communication.
Any notice under this Agreement given by You to LEADING
EDGE PROVIDER, INC. will be deemed to be properly given
if received via email to support@leadingedgeprovider.com. |
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22.
SEVERABILITY
This Agreement will be enforced to the fullest extent
permitted by applicable law. If for any reason any provision
of this Agreement is held to be invalid or unenforceable
under applicable law to any extent, then (a) such provision
will be interpreted, construed or reformed to the extent
reasonably required to render the same valid, enforceable
and consistent with the original intent underlying such
provision and (b) such invalidity or unenforceability
will not affect any other provision of this Agreement.
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23.
MODIFICATIONS TO THIS AGREEMENT
The terms and conditions of this Agreement may be changed
by LEADING EDGE PROVIDER, INC. from time to time. Upon
any such change, LEADING EDGE PROVIDER, INC. will notify
You of such change in accordance with paragraph 22 above
and post an updated version of this Agreement on it's
website, located at www.leadingedgeprovider.com/legal/terms.html.
Your use of any Services after such notification will
constitute Your acceptance of such changed terms and conditions. |
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24.
MISCELLANEOUS
Your right to use the Service is personal to You, and
You will not assign any of Your rights, obligations or
interest in this Agreement or Your Account. Without limiting
the foregoing, this Agreement is binding upon and inures
to the benefit of the parties and their respective successors
and assigns. LEADING EDGE PROVIDER, INC.'s failure to
insist upon or enforce strict performance of any provision
or right of this Agreement will not be construed as a
waiver of any provision or right. This Agreement will
be governed by the laws of the State of California, without
regard to its conflict of laws rules. The provisions of
the U.N. Convention on Contracts for the International
Sale of Goods and any successor treaties will not apply.
You consent to the venue and exclusive jurisdiction of
the state and federal courts located in Los Angeles County,
California, U.S.A., with regard to any claim arising under
or otherwise occurring by reason of this Agreement or
Your use of the Service or Your Account. You will commence
any claim or cause of action arising under or otherwise
occurring by reason of this Agreement within one (1) year
after the claim or cause of action arises or such claim
or cause of action is forever barred. This Agreement constitutes
the entire agreement of the parties with respect to the
subject matter hereof and supersedes any and all prior
and contemporaneous understandings and agreements. |
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