
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Blinding Rain, LLC in conjunction with data that may be provided by third-parties, for the fone book* built for Storm software application identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE APPLICATION. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE PRODUCT.
1. GRANT OF
LICENSE
Blinding Rain, LLC grants you the following
rights provided you comply with all terms and
conditions of this EULA: * SOFTWARE PRODUCT. You may
install and use an unlimited number of copies of the
SOFTWARE PRODUCT on mobile devices, including mobile
phones, personal digital assistants or other digital
electronic devices ("Mobile Device").
* Distribution Terms. You may reproduce and
distribute an unlimited number of copies of the
SOFTWARE PRODUCT in object code form, provided that
you distribute the SOFTWARE PRODUCT pursuant to an
End-User License Agreement (which may be
"break-the-seal", "click-wrap"
or signed), with terms no less protective than those
contained herein.
* Reservation of Rights. Blinding Rain, LLC reserves
all rights not expressly granted to you in this EULA.
(a) Additonal License Requirements
By using this application to
obtain the Data from the Company’s database, End
Users are entering into an agreement the Company
governing their use of the Data. End Users may only
use the Data for their own personal use, and may
not:
(i) publish, offer, sell, license, transmit, distribute, reproduce, or modify the Data in any manner;
(ii) retain or store any carrier, city or state Data that is returned as a partial result;
(iii) retain or store any Data in bulk for any reason;
(iv) aggregate retained or stored Data for any reason;
(v) use the Data for marketing purposes;
(vi) use the Data in any manner related to credit granting, credit monitoring, account review, insurance underwriting, employment, or any other purpose covered by the Fair Credit Reporting Act;
(vii) use the Data as a derivative database to verify, confirm, enhance, audit, update, or development any files, products, or databases owned, licensed, or marketed by other companies;
(viii) use the Data for the routing of telephone calls;
(ix) use the Data as part of a CD-ROM disc or other stand-alone product;
(x) use the Data in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
(xi) use the Data in any manner that exposes the Company to any harm or liability of any nature; and
(xii) use the Data in violation of any federal, state, or local law, rule, or regulation, whether now existing or enacted in the future.
2. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, or
disassemble the SOFTWARE PRODUCT, 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, Blinding
Rain, LLC 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 all of its component parts.
4. CONSENT
TO USE OF DATA
You agree that Blinding Rain, LLC and its
affiliates may collect and use technical information
you provide as a part of support services related to
the SOFTWARE PRODUCT. Blinding Rain, LLC agrees not
to use this information in a form that personally
identifies you.
5. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable
law, Blinding Rain, LLC and its suppliers provide to
you the SOFTWARE PRODUCT, and any (if any) support
services relating to the SOFTWARE PRODUCT
("Support Services") AS IS AND ALL FAULTS; and Blinding Rain, LLC and its suppliers
hereby disclaim with respect to the SOFTWARE PRODUCT
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, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT 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 BLINDING RAIN, LLC 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 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
BLINDING RAIN, LLC 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
Blinding Rain, LLC 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 or S.A..R5.00. 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) are the entire agreement between you and
Blinding Rain, LLC relating to the SOFTWARE PRODUCT
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 or any other subject
matter covered by this EULA. To the extent the terms
of any Blinding Rain, LLC policies or programs for
support services conflict with the terms of this
EULA, the terms of this EULA shall control.
9. The SOFTWARE PRODUCT is protected by copyright and other intellectual property laws and treaties. Blinding Rain, LLC or its suppliers own the title, copyright, and other intellectual property rights in the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.
LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT