EULA
End User License Agreement
IMPORTANT – READ CAREFULLY:
This End-User License Agreement (the “Agreementâ€) is a legal agreement between you (either an individual or a single entity) and The Phone Giant LLC. (“Buyback.Siteâ€) for evaluation and use of the software (including all ancillary applications provided) and any associated documentation provided with the software (collectively, the “Softwareâ€). By downloading, installing, or using the Software: (1) you represent that you understand the terms of this Agreement and you have the capacity and authority to bind your employer to this Agreement, and (2) you accept the terms of this Agreement and you consent to be bound by this Agreement on behalf of your employer (hereinafter referred to as “youâ€). If you do not agree to be bound by these terms and conditions, do not download, install, or use of the Software.
1. Grant of License.
1.1 General License Grant.
Pursuant to an email or other written communication from the Company with the license key details for the Software (“License Order Confirmationâ€), and subject to payment of all applicable license fees and other charges, Buyback.Site grants you the limited, non-exclusive, non-sublicenseable, non-transferable license to install and use the Software in accordance with this Agreement and subject to any volume, user, field of use, configuration or other restrictions set forth in the applicable License Order Confirmation. If your purchase order or other documentation contains terms in addition to, or different than, the terms of this Agreement, those terms in that purchase order or other documentation shall be disregarded and the terms of this Agreement shall control.
Grant of any license pursuant to this Agreement is subject to the Buyback.Site Privacy Policy, which shall apply to any processing of personal data by Buyback.Site. By entering into this License you agree to the terms of the Buyback.Site Privacy Policy and the processing of your personal data in accordance with the terms of the Buyback.Site Privacy Policy.
1.2 License Options.
Your license to install and use the software shall be in accordance with one or more of the following license options, as set forth on the License Order Confirmation or in your request for evaluation software. The Software may contain a software license management tool (a “License Managerâ€) that regulates your use of the Software. If so, all of the licensed activity described below must be subject to the control of the License Manager, and you may not install or use the Software in a manner that circumvents or interferes with the operation of the License Manager or any other technological measure that controls access to the Software.
a. Demo (Evaluation) License. One identified individual (named-user) may use the Software for a limited evaluation period to be determined and stated by Buyback.Site. The Demo License shall terminate at the end of the stated evaluation period unless otherwise agreed by Buyback.Site.
b. Named-user License. One identified individual SuperAdmin (named-user) may use the Software. If the named-user leaves your employ or is transferred such that he or she no longer requires use the software, you may transfer this license to an alternative named-user.
c. Subscription License. (i) Customer may install the Software with its DNS provider(for use by its employees only, where applicable) in the number specified in the applicable License Order Confirmation. The Software is licensed under each License Order Confirmation on a subscription basis per individual Customer user (Subscription License). The term of each Subscription License shall be as set out in the applicable License Order Confirmation and shall commence on the start date specified on the applicable License Order Confirmation (“Subscription Termâ€). The Subscription License shall automatically renew upon expiry of the applicable Subscription Term unless the parties have agreed upon an cancellation of the term pursuant to the terms of the License Order Confirmation.
(ii) Customer may employ/create multiple staff user accounts at no additional charge.
(iii) All monthly subscription fees shall be payable per authorized user as set forth in the applicable License Order Confirmation.
(iv) Buyback.Site shall provide the support and maintenance services as referred to in the License Order Confirmation form.
1.3 Restrictions.
It is your responsibility to ensure compliance with the terms of this Agreement. Except as may otherwise expressly be provided herein and as otherwise expressly permitted by law, you shall not, directly or indirectly:
(a) Use the Software in a manner that infringes any third party’s copyrights or any other rights;
(b) Make any translation, adaptation, arrangement, modification, derivative work or other alteration of the Software;
(c) Distribute, sell, give away, hire or lease the Software, or another product wholly or partially derived from the Software, or offer to do any of the foregoing;
(d) Assign, sell, lease, rent, time-share, or otherwise make all or any part of the Software available for installation or use by any third party, as a service bureau, application service provider or otherwise, without the prior written consent of Buyback.Site;
(e) Decipher, decompile, disassemble or reverse engineer the Software, in whole or in part. To the extent you are expressly permitted by law to reverse engineer the Software, you agree to use such findings only as expressly permitted by law, and to otherwise hold such findings in strict confidence. For information regarding interoperability, contact Buyback.Site.
1.4 Transfer and Assignment.
This Agreement is personal and may not be assigned or assumed (including by operation of law) without Buyback.Site's prior written consent, and any attempt to do so without such consent is void. You may, however, transfer the Software to a successor in interest to all or substantially all of your assets or stock on a permanent basis, provided you retain no copies and the recipient agrees to the terms of this Agreement.
1.5 Term and Termination of License.
(a) The term of this Agreement, and the license granted hereunder, shall commence (i) upon receipt by Buyback.Site of a purchase order (for non-Demo licenses) or (ii) upon express authorization by Buyback.Site (for Demo and Other licenses) or (iii) upon the date provided for in the applicable License Order Confirmation (for subscription license), and shall continue for the term stated on the applicable License Order Confirmation as issued by Buyback.Site or, if no specific term is stated, shall continue indefinitely unless terminated in accordance with this Agreement.
(b) This Agreement and the license granted hereunder shall terminate immediately and automatically if you have not paid any license or subscription fees or other charges due to Buyback.Site within 15 days after such amount is due.
(c) Without prejudice to any other rights, Buyback.Site may immediately terminate this Agreement and the license granted hereunder upon written notice to you if you fail to comply with the terms and conditions of this Agreement.
(d) Upon termination of the license for any reason, you must immediately destroy and stop using all copies of the Software (including purging all storage media on which such Software is installed or otherwise stored) and all of its component parts.
(e) Upon termination of this Agreement, the provisions of Section 1.3, 3, 5, 6, 10 and 12 shall survive.
2. Support.
Subject to the payment of all applicable fees, you shall be entitled to participate in the Buyback.Site support program indicated on a License Order Confirmation. Information regarding support offerings made generally available by Buyback.Site is available from Buyback.Site upon request. The provision of support services by Buyback.Site, if any, shall be subject to the terms of this Agreement.
3. Title.
All copyrights, trademarks and all other intellectual property rights in and to the Software are and shall remain the sole and exclusive property of Buyback.Site . Nothing in this Agreement shall confer any rights in any trade name, business name or trademark of Buyback.Site to you. All modifications and improvements made to the Software and derivative works of the Software created by Buyback.Site based in whole or in part upon the suggestions or feedback provided by you shall remain the sole and exclusive property of Buyback.Site . You agree not to remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Software. You agree to keep confidential and use your best efforts to prevent and protect the contents and output of the Software from unauthorized disclosure.
4. Content.
Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives you no rights to any such content.
5. Limited Warranty; Disclaimer.
Buyback.Site warrants to you, for thirty (30) days from the date of the License Order Confirmation, the Software shall be in operable condition as described in the documentation provided as part of the Software. Buyback.Site does not warrant that the Software will function without errors or interruptions. In the event that the Software fails to conform to this warranty, Buyback.Site’s sole liability and your exclusive remedy shall be, at Buyback.Site’s option, either (a) return of the price paid by you, or (b) repair or replacement of the Software. This limited warranty does not apply to Demo Licenses or Software identified as “beta,†“pre-release,†“test,†“AS-IS,†or the like, or to any support or other services performed by Buyback.Site, all of which are supplied on an “AS-IS†basis without any warranty of any kind. This limited warranty is void if failure of the Software resulted from your negligence, abuse, accident, or improper or unauthorized use of the Software. That being said we are here to help. If issues arise please alert us promptly.
THE FOREGOING LIMITED WARRANTY IS IN LIEU OF AND BUYBACK.SITE DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONDITIONS OF QUALITY, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE FOREGOING LIMITED WARRANTY SHALL FURTHER NOT BE ENLARGED OR OTHERWISE AFFECTED BY BUYBACK.SITE’S RENDERING OF ANY SUPPORT SERVICES OR TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SOFTWARE OR YOUR USE THEREOF. BUYBACK.SITE SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY ARISING OUT OF USE OF THE SOFTWARE.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6. LIMITATION OF LIABILITY.
IN NO EVENT SHALL BUYBACK.SITE BE LIABLE TO YOU FOR LOSS OF PROSPECTIVE PROFITS OR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES EVEN IF BUYBACK.SITE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION, IN NO EVENT SHALL THE LIABILITY OF BUYBACK.SITE TO YOU UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THAT PAID BY YOU TO BUYBACK.SITE IN CONNECTION WITH YOUR USE OF THE SOFTWARE WITHIN THE PREVIOUS TWELVE-MONTH PERIOD.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
7. Export.
You agree that the Software will not be shipped, transferred, exported, or re-exported into any country or used in any manner prohibited by the United States Export Administration Act or any other applicable export laws, restriction or regulations (collectively, the “Export Lawsâ€). If the Software, or any component thereof, is identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software under this Agreement are granted on the condition that such rights are forfeited if your representations and warranties in this section are not true.
8. U.S. Government Restricted Rights.
If you are a government agency, you acknowledge that the Software was developed at private expense and that the computer software component is provided to you subject to RESTRICTED RIGHTS. Notwithstanding any other lease or license agreement that may pertain to, or accompany the delivery of, this restricted computer software, the rights of the government regarding its use, duplication, reproduction or disclosure by the Government is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the rights in Technical Data and Computer Software clause at DFARS 252.227‑7013 (48 C.F.R. § 252.227-7013), and subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clause at FAR 52.227‑19. Contractor/manufacturer is Buyback.Site Software Technologies.
9. Compliance with Agreement.
You agree that within fifteen (15) days of a request from Buyback.Site or Buyback.Site’s authorized representative you will fully document and certify that your use of the Software at the time of the request is in conformity with the terms of this Agreement and you agree to permit Buyback.Site or its authorized representative to verify the accuracy of your certification. If such verification reveals that Customer has breached any terms set forth on the applicable License Order Confirmation form during the relevant period, then Customer shall pay, on demand, for the excess usage and for any ongoing excess usage going forward.
10. Jurisdiction.
This Agreement is governed by the laws of Arizona, USA. You hereby consent to the jurisdiction of the courts located within the county in which Buyback.Site’s principal office in Arizona, USA is located.
11. Customer Identification.
You grant Buyback.Site the right to use publicly your name and logo to appropriately identify you as a Buyback.Site customer and licensee of the Software. If you object to this please alert us by email within 15 days of accepting this agreement.
12. General.
This Agreement shall inure to the benefit of Buyback.Site and its successors or assigns. Waiver of breach of any provision of this Agreement shall not be deemed a waiver of that provision or any other provision. If any provision of this Agreement is held to be unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force. This Agreement may be modified or amended only in writing signed by both you and Buyback.Site . The parties disclaim the application of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) or any state’s implementation of UCITA.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT, TOGETHER WITH ONE OR MORE LICENSE ORDER CONFIRMATIONS FOR THE SOFTWARE, IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND BUYBACK.SITE WHICH SUPERSEDES ANY PROPOSAL, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND BUYBACK.SITE RELATING TO THE SUBJECT MATTER HEREOF.
If you have Buyback.Site questions about this Agreement, or if you wish to change the address to which notices may be sent to you for purposes of this Agreement, you may write to Buyback.Site at the following address:
The Phone Giant LLC
3126 West Thomas Road
Suite 104
Phoenix, AZ 85017
541-350-4896
IMPORTANT – READ CAREFULLY:
This End-User License Agreement (the “Agreementâ€) is a legal agreement between you (either an individual or a single entity) and The Phone Giant LLC. (“Buyback.Siteâ€) for evaluation and use of the software (including all ancillary applications provided) and any associated documentation provided with the software (collectively, the “Softwareâ€). By downloading, installing, or using the Software: (1) you represent that you understand the terms of this Agreement and you have the capacity and authority to bind your employer to this Agreement, and (2) you accept the terms of this Agreement and you consent to be bound by this Agreement on behalf of your employer (hereinafter referred to as “youâ€). If you do not agree to be bound by these terms and conditions, do not download, install, or use of the Software.
1. Grant of License.
1.1 General License Grant.
Pursuant to an email or other written communication from the Company with the license key details for the Software (“License Order Confirmationâ€), and subject to payment of all applicable license fees and other charges, Buyback.Site grants you the limited, non-exclusive, non-sublicenseable, non-transferable license to install and use the Software in accordance with this Agreement and subject to any volume, user, field of use, configuration or other restrictions set forth in the applicable License Order Confirmation. If your purchase order or other documentation contains terms in addition to, or different than, the terms of this Agreement, those terms in that purchase order or other documentation shall be disregarded and the terms of this Agreement shall control.
Grant of any license pursuant to this Agreement is subject to the Buyback.Site Privacy Policy, which shall apply to any processing of personal data by Buyback.Site. By entering into this License you agree to the terms of the Buyback.Site Privacy Policy and the processing of your personal data in accordance with the terms of the Buyback.Site Privacy Policy.
1.2 License Options.
Your license to install and use the software shall be in accordance with one or more of the following license options, as set forth on the License Order Confirmation or in your request for evaluation software. The Software may contain a software license management tool (a “License Managerâ€) that regulates your use of the Software. If so, all of the licensed activity described below must be subject to the control of the License Manager, and you may not install or use the Software in a manner that circumvents or interferes with the operation of the License Manager or any other technological measure that controls access to the Software.
a. Demo (Evaluation) License. One identified individual (named-user) may use the Software for a limited evaluation period to be determined and stated by Buyback.Site. The Demo License shall terminate at the end of the stated evaluation period unless otherwise agreed by Buyback.Site.
b. Named-user License. One identified individual SuperAdmin (named-user) may use the Software. If the named-user leaves your employ or is transferred such that he or she no longer requires use the software, you may transfer this license to an alternative named-user.
c. Subscription License. (i) Customer may install the Software with its DNS provider(for use by its employees only, where applicable) in the number specified in the applicable License Order Confirmation. The Software is licensed under each License Order Confirmation on a subscription basis per individual Customer user (Subscription License). The term of each Subscription License shall be as set out in the applicable License Order Confirmation and shall commence on the start date specified on the applicable License Order Confirmation (“Subscription Termâ€). The Subscription License shall automatically renew upon expiry of the applicable Subscription Term unless the parties have agreed upon an cancellation of the term pursuant to the terms of the License Order Confirmation.
(ii) Customer may employ/create multiple staff user accounts at no additional charge.
(iii) All monthly subscription fees shall be payable per authorized user as set forth in the applicable License Order Confirmation.
(iv) Buyback.Site shall provide the support and maintenance services as referred to in the License Order Confirmation form.
1.3 Restrictions.
It is your responsibility to ensure compliance with the terms of this Agreement. Except as may otherwise expressly be provided herein and as otherwise expressly permitted by law, you shall not, directly or indirectly:
(a) Use the Software in a manner that infringes any third party’s copyrights or any other rights;
(b) Make any translation, adaptation, arrangement, modification, derivative work or other alteration of the Software;
(c) Distribute, sell, give away, hire or lease the Software, or another product wholly or partially derived from the Software, or offer to do any of the foregoing;
(d) Assign, sell, lease, rent, time-share, or otherwise make all or any part of the Software available for installation or use by any third party, as a service bureau, application service provider or otherwise, without the prior written consent of Buyback.Site;
(e) Decipher, decompile, disassemble or reverse engineer the Software, in whole or in part. To the extent you are expressly permitted by law to reverse engineer the Software, you agree to use such findings only as expressly permitted by law, and to otherwise hold such findings in strict confidence. For information regarding interoperability, contact Buyback.Site.
1.4 Transfer and Assignment.
This Agreement is personal and may not be assigned or assumed (including by operation of law) without Buyback.Site's prior written consent, and any attempt to do so without such consent is void. You may, however, transfer the Software to a successor in interest to all or substantially all of your assets or stock on a permanent basis, provided you retain no copies and the recipient agrees to the terms of this Agreement.
1.5 Term and Termination of License.
(a) The term of this Agreement, and the license granted hereunder, shall commence (i) upon receipt by Buyback.Site of a purchase order (for non-Demo licenses) or (ii) upon express authorization by Buyback.Site (for Demo and Other licenses) or (iii) upon the date provided for in the applicable License Order Confirmation (for subscription license), and shall continue for the term stated on the applicable License Order Confirmation as issued by Buyback.Site or, if no specific term is stated, shall continue indefinitely unless terminated in accordance with this Agreement.
(b) This Agreement and the license granted hereunder shall terminate immediately and automatically if you have not paid any license or subscription fees or other charges due to Buyback.Site within 15 days after such amount is due.
(c) Without prejudice to any other rights, Buyback.Site may immediately terminate this Agreement and the license granted hereunder upon written notice to you if you fail to comply with the terms and conditions of this Agreement.
(d) Upon termination of the license for any reason, you must immediately destroy and stop using all copies of the Software (including purging all storage media on which such Software is installed or otherwise stored) and all of its component parts.
(e) Upon termination of this Agreement, the provisions of Section 1.3, 3, 5, 6, 10 and 12 shall survive.
2. Support.
Subject to the payment of all applicable fees, you shall be entitled to participate in the Buyback.Site support program indicated on a License Order Confirmation. Information regarding support offerings made generally available by Buyback.Site is available from Buyback.Site upon request. The provision of support services by Buyback.Site, if any, shall be subject to the terms of this Agreement.
3. Title.
All copyrights, trademarks and all other intellectual property rights in and to the Software are and shall remain the sole and exclusive property of Buyback.Site . Nothing in this Agreement shall confer any rights in any trade name, business name or trademark of Buyback.Site to you. All modifications and improvements made to the Software and derivative works of the Software created by Buyback.Site based in whole or in part upon the suggestions or feedback provided by you shall remain the sole and exclusive property of Buyback.Site . You agree not to remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Software. You agree to keep confidential and use your best efforts to prevent and protect the contents and output of the Software from unauthorized disclosure.
4. Content.
Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives you no rights to any such content.
5. Limited Warranty; Disclaimer.
Buyback.Site warrants to you, for thirty (30) days from the date of the License Order Confirmation, the Software shall be in operable condition as described in the documentation provided as part of the Software. Buyback.Site does not warrant that the Software will function without errors or interruptions. In the event that the Software fails to conform to this warranty, Buyback.Site’s sole liability and your exclusive remedy shall be, at Buyback.Site’s option, either (a) return of the price paid by you, or (b) repair or replacement of the Software. This limited warranty does not apply to Demo Licenses or Software identified as “beta,†“pre-release,†“test,†“AS-IS,†or the like, or to any support or other services performed by Buyback.Site, all of which are supplied on an “AS-IS†basis without any warranty of any kind. This limited warranty is void if failure of the Software resulted from your negligence, abuse, accident, or improper or unauthorized use of the Software. That being said we are here to help. If issues arise please alert us promptly.
THE FOREGOING LIMITED WARRANTY IS IN LIEU OF AND BUYBACK.SITE DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONDITIONS OF QUALITY, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE FOREGOING LIMITED WARRANTY SHALL FURTHER NOT BE ENLARGED OR OTHERWISE AFFECTED BY BUYBACK.SITE’S RENDERING OF ANY SUPPORT SERVICES OR TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SOFTWARE OR YOUR USE THEREOF. BUYBACK.SITE SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY ARISING OUT OF USE OF THE SOFTWARE.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6. LIMITATION OF LIABILITY.
IN NO EVENT SHALL BUYBACK.SITE BE LIABLE TO YOU FOR LOSS OF PROSPECTIVE PROFITS OR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES EVEN IF BUYBACK.SITE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION, IN NO EVENT SHALL THE LIABILITY OF BUYBACK.SITE TO YOU UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THAT PAID BY YOU TO BUYBACK.SITE IN CONNECTION WITH YOUR USE OF THE SOFTWARE WITHIN THE PREVIOUS TWELVE-MONTH PERIOD.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
7. Export.
You agree that the Software will not be shipped, transferred, exported, or re-exported into any country or used in any manner prohibited by the United States Export Administration Act or any other applicable export laws, restriction or regulations (collectively, the “Export Lawsâ€). If the Software, or any component thereof, is identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software under this Agreement are granted on the condition that such rights are forfeited if your representations and warranties in this section are not true.
8. U.S. Government Restricted Rights.
If you are a government agency, you acknowledge that the Software was developed at private expense and that the computer software component is provided to you subject to RESTRICTED RIGHTS. Notwithstanding any other lease or license agreement that may pertain to, or accompany the delivery of, this restricted computer software, the rights of the government regarding its use, duplication, reproduction or disclosure by the Government is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the rights in Technical Data and Computer Software clause at DFARS 252.227‑7013 (48 C.F.R. § 252.227-7013), and subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clause at FAR 52.227‑19. Contractor/manufacturer is Buyback.Site Software Technologies.
9. Compliance with Agreement.
You agree that within fifteen (15) days of a request from Buyback.Site or Buyback.Site’s authorized representative you will fully document and certify that your use of the Software at the time of the request is in conformity with the terms of this Agreement and you agree to permit Buyback.Site or its authorized representative to verify the accuracy of your certification. If such verification reveals that Customer has breached any terms set forth on the applicable License Order Confirmation form during the relevant period, then Customer shall pay, on demand, for the excess usage and for any ongoing excess usage going forward.
10. Jurisdiction.
This Agreement is governed by the laws of Arizona, USA. You hereby consent to the jurisdiction of the courts located within the county in which Buyback.Site’s principal office in Arizona, USA is located.
11. Customer Identification.
You grant Buyback.Site the right to use publicly your name and logo to appropriately identify you as a Buyback.Site customer and licensee of the Software. If you object to this please alert us by email within 15 days of accepting this agreement.
12. General.
This Agreement shall inure to the benefit of Buyback.Site and its successors or assigns. Waiver of breach of any provision of this Agreement shall not be deemed a waiver of that provision or any other provision. If any provision of this Agreement is held to be unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force. This Agreement may be modified or amended only in writing signed by both you and Buyback.Site . The parties disclaim the application of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) or any state’s implementation of UCITA.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT, TOGETHER WITH ONE OR MORE LICENSE ORDER CONFIRMATIONS FOR THE SOFTWARE, IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND BUYBACK.SITE WHICH SUPERSEDES ANY PROPOSAL, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND BUYBACK.SITE RELATING TO THE SUBJECT MATTER HEREOF.
If you have Buyback.Site questions about this Agreement, or if you wish to change the address to which notices may be sent to you for purposes of this Agreement, you may write to Buyback.Site at the following address:
The Phone Giant LLC
3126 West Thomas Road
Suite 104
Phoenix, AZ 85017
541-350-4896