ExpanDrive Standard Terms and Conditions
1. GENERAL. ExpanDrive’s prices are premised on the parties’ express understanding and agreement that these Standard Terms and Conditions: (i) represent the complete and exclusive statement of the agreement between the parties, (ii) may not be modified, supplemented, explained or waived by parol evidence, Licensee’s purchase order, any course of dealing, ExpanDrive’s performance or delivery, or in any other way except in writing hand signed by an authorized representative of ExpanDrive, and (iii) are intended to cover all activity of ExpanDrive and Licensee hereunder including any services to be rendered by ExpanDrive in connection with the licensing of the Products. Any reference in ExpanDrive’s invoice, or otherwise, to Licensee’s specifications or requirements is solely for the purpose of describing the products and services covered hereby and shall not serve to either to: (a) adopt those specifications or requirements as part of the parties’ agreements, or (b) modify any of the terms of this agreement, particularly (and not in limitation of the generality of the foregoing) as regards the parties’ understanding that this agreement establishes that no warranty is being provided by ExpanDrive regarding Licensee’s use of the Products or services. By way of clarification, and not in limitation of the generality of the foregoing, it is specifically agreed that statements on ExpanDrive’s website and elsewhere are issued for general and informational purposes only and shall not be deemed to modify the provisions hereof or form the basis for a claim that ExpanDrive provided a warranty of any kind. The agreement formed hereby and the language contained herein shall be construed and enforced under the Uniform Commercial Code in effect in the Commonwealth of Massachusetts (being the home office location of ExpanDrive) on the date hereof.”
2. License Agreement
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THIS SOFTWARE YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.
You may not copy this software except solely for backup or archival purposes. You may not transfer or assign the right to use the software except as provided below. You may not reverse engineer, decompile, or disassemble this software, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation. You may not create derivative works from this software.
This software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS PROVIDE THE SOFTWARE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. Insurance – ExpanDrive does not carry an insurance policy
4. Refund Policy – No refunds are available for any purchase order.
5. Marketing Activities. You hereby grant ExpanDrive the right to use, reproduce, publish, perform and display, at its sole discretion your name, and/or logo (“Customer Marks“) on the Site. At any time, you may request in writing that ExpanDrive cease to display Customer Marks and ExpanDrive will subsequently remove Customer Marks from the Site.