IMPORTANT - READ CAREFULLY: This End-User License Agreement (EULA) is a legal agreement between you (Licensee) (either an individual or an entity) and the General Conference of Seventh-Day Adventists (Licensor) for use of the netAdventist software and any associated printed or electronic manuals and other documentation. You agree to be bound by the terms of this EULA if you use the netAdventist software. If you do not agree to be bound by this EULA, do not use the software. In addition, by continuing to use the netAdventist software following any update or extension of the software, you agree to be bound by any additional or changed license terms accompanying such update or extension.
The netAdventist software may be accessed by you for use via the Internet or similar network, and manuals or other documentation may be supplied to you via Internet download, on electronic media, and/or as printed material.
1. License: Upon your acceptance of the terms of this EULA, the General Conference of Seventh-day Adventists grants to you a limited, non-exclusive sub-license to use the netAdventist software on one or more servers and/or other computers solely for providing and/or maintaining web sites for entities within the Seventh-day Adventist Church, for example, Seventh-day Adventist churches, schools, medical facilities, and/or ASI members.
2. Limitations:
2.1 Limitations on Content and Avoidance of Intellectual Property Violations: You agree that all content made available by you or under your control or direction will comply with the Internet use guidelines formulated by the General Conference of Seventh-day Adventists as currently in force and as they may be revised. Licensor or an entity designated by Licensor for this purpose shall have full discretion to resolve any disputes or questions concerning suitability of content. You further agree that, to the best of your knowledge following reasonable investigation, no content provided by you or under your control or direction will violate any patent, copyright, trademark, or other intellectual property rights of another, or will violate any other applicable law.
2.2 Limitations on Access: You agree that you will use your best efforts to prevent access to web-site-control portions of the netAdventist user interface to anyone who does not expressly agree to be bound by this EULA.
3. Termination and Suspension: This EULA is effective until terminated. The license will terminate immediately, without notice from Licensor, if you fail to comply with this EULA. Upon termination, you agree to, upon request by the General Conference of Seventh-day Adventists or other entity designated thereby for this purpose, transfer all web sites maintained by you through the netAdventist software to an entity designated by the General Conference of Seventh-day Adventists and to fully cooperate and assist in such transfer. You also agree that, at its sole discretion, Licensor or its authorized designee may suspend or terminate your license under this EULA and/or may block access to one or more web sites that you maintain through the netAdventist software.
4. Disclaimer of Warranties and Limitations on Damages and Remedies:
4.1 To the maximum extent permitted by governing law, the netAdventist software and associated documentation is supplied for use AS IS, and the Licensor and provider or providers of the netAdventist software disclaim all warranties and conditions whether express, implied, or statutory, including but not limited to, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of results, and of absence of negligence.
4.2 To the maximum extent permitted by governing law, in no event shall the Licensor, or supplier or suppliers, of the netAdventist software or documentation be liable for any special, consequential, incidental, or other damages arising from or in any way related to the use or inability to use the netAdventist software, including but not limited to, any damages arising from loss of information, for business interruption, for failure to provide support services, and for any other pecuniary or other loss or damage, even if a provider or providers of the netAdventist software have been advised of the possibility of such damage. Notwithstanding any damages that you may incur arising from or in any way related to the use or inability to use the netAdventist software, the entire liability of any supplier or suppliers of the netAdventist software shall be limited to providing use of the then current version of netAdventist software.
5. Governing Law: If you access or otherwise use the netAdventist software from a computer located within the United States or its possessions, this EULA is governed by the laws of the State of Maryland and may be enforced thereunder. In all other cases, you agree to be bound, at the sole choice of the General Conference of Seventh-day Adventists, by the laws applicable to the location where you are a resident if an individual, or the principal business location if a legal entity, or by the laws applicable to the location of any servers or other computers under your control from which you routinely access and use the netAdventist software.
6. Entire Agreement: This EULA constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior agreements and discussions. This EULA may not be changed except by a written instrument signed by a duly authorized officer of Licensor or by electronic presentation by Licensor and acceptance by you of an amended EULA.