COPYRIGHT (C) 2015 EVEN MODERATION, LLC
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS
SOFTWARE.
1.
LICENSE.
1.1
Legally Binding Agreement. By installing and/or using the Social Drinker
mobile device application (hereinafter the "Software"), you agree this End User License
Agreement (hereinafter, the “Agreement”) is a legally binding and valid contract and agree to be
bound by all of the terms and conditions contained herein. Specifically, but without any
limitation you agree to indemnify, release and hold Even Moderation, LLC as the owner with all
rights and privileges to the Software (the “Company), and all of its officers, managers,
employees, agents or distributors from any and all liability as more fully described and agreed to
herein.
1.2
Use and Rights Limited by Agreement. Subject to the terms of this Agreement,
the Company grants you a limited, non-exclusive, non-transferable license, without right to sublicense, to use the Software in accordance with this Agreement. The Company does not transfer
the title of “Social Drinker” to you and the license granted to you is not a sale. This Agreement is
a binding legal agreement between the Company and the purchasers and users of the Software. If
you do not agree to be bound by this Agreement, you agree to and shall immediately cease use of
the Software and immediately remove the Software from any and all electronic and/or mobile
devices owned or controlled by you.
2.
DISTRIBUTION.
2.1
No Right to Distribute. The Software and license granted herein shall not be
copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in
part.
3.
USER AGREEMENT.
3.1
Use of Software. Use of the Software is limited to the number of licenses
purchased by you. A single purchase of this Software shall grant you one (1) license to be used
on a single electronic and/or mobile device.
3.2
Restrictions. You shall use Social Drinker in compliance with any state, local or
federal law or regulation of the United States or any law or regulation of any applicable foreign
jurisdiction.
3.3
Copyright Restriction. This Software contains copyrighted material, trade
secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse
engineer, disassemble or decompile the Software. You shall not create any derivative works or
other works that are based upon or derived from the Software in whole or in part.
(a)
You agree that you shall not use the Company's name, logo or any
graphics associated therewith that represent the Software in any way or manner whatsoever. The
Company retains sole and exclusive ownership of all rights, title and interest in and to the
Software and all intellectual property rights relating thereto.
(b)
Copyright law and international copyright treaty provisions protect all
parts of the Software. No program, code, part, image, audio sample, or text may be copied or
used in any way by the user except as intended within the bounds of the ordinary and necessary
use of the Software. All rights not expressly granted hereunder are reserved for the Company.
4.
RESPONSIBLE USE
4.1
Estimates Only. The Software provides an estimate of a user’s blood alcohol
content (“BAC”) only, and you agree that you shall not rely in any way upon the estimate of
BAC provided by the Software. You agree that you shall not rely upon the Software in any way
to comply with any alcohol consumption, alcohol impairment driving statute, or any other
applicable law or regulation of any jurisdiction whatsoever, including that of any state, local or
federal law or regulation of the United States or any applicable law or regulation of a foreign
jurisdiction.
4.2
No Reliance Upon Estimated Calculations. The information displayed,
provided and/or generated by, including any user interaction with the Software, including any
text, graphics, images and other material provided are estimates and are not to be otherwise
relied upon by the user (“Content”). The Content is not intended to be a substitute for
professional medical advice, diagnosis, or treatment. You specifically acknowledge and agree to
the following: standard alcoholic drinks of every variety vary in size and alcohol content,
individual alcohol absorption and elimination rates fluctuate, and your actual BAC will differ
from the result of any calculated estimate of BAC set forth by the Software.
4.3
No Medical Advice. The Software does not provide medical advice. Always
seek the advice of your physician or other qualified health provider with any questions you may
have regarding a medical ailment, condition, or substance dependency issue. Never disregard
professional medical advice or delay in seeking a professional opinion because of your use of the
Software.
4.4
Responsible Use. You agree the Software shall only be used in a responsible
manner and not as part of any competition or contest whatsoever.
5.
DISCLAIMER OF WARRANTY
5.1
NO WARRANTIES. TO THE FULLEST EXTENT POSSIBLE BY LAW,
THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE
ERROR-FREE OR THAT THE SOFTWARE IS FREE OF, OR IN ANY WAY SUSCEPTIBLE
TO A COMPUTER VIRUS OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF
THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA OR ANY OTHER COSTS, THE COMPANY IS NOT
RESPONSIBLE FOR THOSE COSTS. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT
ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, AND COMPLETENESS OR
TIMELINESS OF THE CONTENT PROVIDED BY THE SOFTWARE.
6.
CONSENT OF USE OF DATA
6.1
Consent of Data Collection. You agree the Company may collect and use
information gathered in any manner by the Software and has the full right, permission and
authorization to utilize such information for any research, scientific or commercial purpose
whatsoever, including the release, utilization and/or sale of such information to a third-party or
as part of any product support services provided to you. The Company may use any information
compiled by the Software to periodically provide notice or information to you, including, but not
limited to any third-party advertisements.
7.
MISCELLANEOUS
7.1
Indemnification. You will indemnify, release, hold harmless, and pay all costs
associated with a legal defense of the Company, its officers, managers, employees, agents and
distributors against any and all claims, proceedings, demands, or costs, including, but not limited
to that arising from any and all injury, liability or claim of injury to or death of any person or for
loss of or damage to property, resulting from or in any way connected, directly or indirectly with
use of the Software.
7.2
Release of Damages. In no event (including, without limitation, in the event of
negligence) will the Company, its officers, managers, employees, agents or distributors be liable
for any consequential, incidental, indirect, special or punitive damages whatsoever (including,
without limitation, damages for loss of profits, loss of use, business interruption, loss of
information or data, or pecuniary loss), in connection with or arising out of or related to this
Agreement, the Software or the use or inability to use the Software or the furnishing,
performance or use of any other matters hereunder whether based upon contract, tort or any other
theory including negligence.
7.3
Governing Law. This Agreement shall be governed by and interpreted and
enforced in accordance with the substantive laws of the State of Pennsylvania (including, without
limitation, provisions concerning limitations of actions), without reference to the conflicts of
laws rules of that or any other jurisdiction, except that Federal laws shall also apply to the extent
relevant.
7.4
Consent to Jurisdiction. You hereby (i) irrevocably submit to the jurisdiction of
the Court of Common Pleas in Erie County or the U.S. District Court for the Western District in
any action arising out of this Agreement, (ii) agree that all claims in such action may be decided
in such court, (iii) waives, to the fullest extent it may effectively do so, the defense of an
inconvenient forum, and (iv) consents to the service of process by mail. A final judgment in any
such action shall be conclusive and may be enforced in other jurisdictions.
7.5
Severability. If any provision of this Agreement or the application thereof to any
person or circumstance is held invalid or unenforceable to any extent, the remainder of this
Agreement and the application of that provision to any other persons or circumstance shall not be
affected thereby and that provision shall be enforced to the greatest extent permitted by law.
7.6
Termination. Any failure to comply with the terms and conditions of this
Agreement will result in automatic and immediate termination of this license. Upon termination
of this license granted herein for any reason, you agree to immediately cease use of the Software
and destroy all copies of the Software supplied under this Agreement.
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