IMMERSION DIGITAL, LLC ("ID")
GLO END-USER SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS END USER SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE GLO SOFTWARE. BY USING THE GLO SOFTWARE YOU, AS THE REGISTERED END-USER ("YOU"), ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE GLO SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND OR, IF THE GLO SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE".
IMPORTANT NOTE: Certain components of the GLO Software may enable the user to reproduce and/or share digital content. The GLO Software is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You are not authorized or permitted to reproduce, share, post, alter, or distribute any content, including without limitation images, video, audio, text, maps, animation, virtual tours, charts, widgets, and other copyrighted or otherwise proprietary content (collectively, "Content") included in the GLO Software or purchased through the MyGLO Store except as expressly permitted by a specific element of Content or this License. If you are uncertain about your right to copy or permit access to any content you should contact your attorney.
1. General. The software, documentation (in print, electronic, or other form), any included Content (as defined above), and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "GLO Software") are licensed, not sold, to you by ID for use only under the terms of this License, and ID reserves all rights not expressly granted to you. The rights granted herein are limited to ID's and its licensors' intellectual property rights in the GLO Software and do not include any other intellectual property rights. You own the media on which the GLO Software is recorded but ID and/or ID's licensor(s) retain ownership of the GLO Software itself. The terms of this License will govern any software upgrades provided by ID that replace and/or supplement the original GLO Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions. This License allows you to install and use the GLO Software on up to five (5) computers or other authorized devices under the exclusive control of the registered end-user. You may not make the GLO Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the GLO Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the GLO Software or any part thereof. You are permitted to use and quote from certain Bible translations and other written Content in accordance with the rights and permissions guidelines published by the copyright holder to the translation or other Content. Links to such guidelines may be found at www.bibleglo.com and on the sites maintained by the copyright holders.
3. Transfer. You may not rent, lease, lend, redistribute or sublicense the GLO Software. You may, however, make a one-time permanent transfer of all of your license rights to the GLO Software to another party, provided that: (a) the transfer must include all of the GLO Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the GLO Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the GLO Software reads and agrees to accept the terms and conditions of this License.
4. Consent to Use of Data. You agree that ID may collect and use technical and related information, including but not limited to technical information about your experience installing and using the GLO Software, your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the GLO Software and to verify compliance with the terms of this License. ID may use this information in accordance with the ID Privacy Policy as it may be revised from time to time and posted on the ID web site home page, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
5. Use of Content/MyGLO Store. This software enables access to ID's content store which offers downloads of Content for license and use with the GLO Software (collectively and individually, the "MyGLO Store"). Use of the MyGLO Store requires Internet access and use requires you to accept additional terms of service which will be presented to you before you can use the MyGLO Store.
By using the GLO Software in connection with the MyGLO Store, you agree to the latest MyGLO Store Terms of Service, which you may access and review from the home page of the MyGLO Store.
The GLO Software and MyGLO Store may include Content from third parties or links to certain third party web sites. You acknowledge and agree that ID is not responsible for examining or evaluating the content or accuracy of any such third-party Content or web sites. ID does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party Content or web sites, or for any other materials, products, or services of third parties. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that ID is not in any way responsible for any such use by you.
You agree that the GLO Software and MyGLO Store include Content and proprietary information that is owned by ID and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such Content in any way whatsoever except as expressly permitted by this License, the MyGLO Terms of Service or applicable law. No portion of the Content may be reproduced in any form or by any means except to the extent reproduced by using a feature of the software itself. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content, in any manner, and you shall not exploit the Content or MyGLO Store in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
ID and its licensors reserve the right to change, suspend, remove, or disable access to the MyGLO Store and any Content at any time without notice. In no event will ID be liable for the removal of or disabling of access to any such Content or services. ID may also impose limits on the use of or access to certain Content, in any case and without notice or liability.
6. Support Services. Support services related to the GLO Software ("Support Services") may be provided by ID. The provision and use of Support Services is governed by the policies and programs described in the GLO Software and/or in its documentation. Any supplemental software code provided to you as part of the Support Services shall be considered part of the GLO Software and subject to the terms and conditions of this License. With respect to technical information you provide to ID as part of the Support Services, ID may use such information for its business purposes, including for product updates and development, in accordance with the ID Privacy Policy.
7. Upgrades. If the GLO Software is labeled or otherwise identified by ID as an "upgrade," you must be properly licensed to use a product identified by ID as being eligible for the upgrade in order to use the GLO Software. A GLO Software product labeled or otherwise identified by ID as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this License. If the GLO Software is an upgrade of a component of a package of software programs that you licensed as a single product, the GLO Software may be used and transferred only as part of that single product package and may not be separated for use on any other computers or devices.
8. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from ID if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the GLO Software and destroy all copies, full or partial, of the GLO Software.
9. Limited Warranty on Media. ID warrants the media on which the GLO Software is recorded and delivered by ID to be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of original retail purchase. your exclusive remedy under this Section shall be, at ID's option, a refund of the purchase price (as reflected on your receipt) of the product containing the GLO Software or replacement of the GLO Software which is returned to ID or an ID authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
10. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GLO SOFTWARE, MYGLO STORE, AND CONTENT (AS DEFINED ABOVE) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GLO SOFTWARE, MYGLO STORE, AND CONTENT ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ID AND ID'S LICENSORS (COLLECTIVELY REFERRED TO AS "ID" FOR THE PURPOSES OF SECTIONS 10 AND 11) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GLO SOFTWARE, MYGLO STORE, AND CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ID DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE GLO SOFTWARE, MYGLO STORE, OR CONTENT, THAT THE FUNCTIONS CONTAINED IN THE GLO SOFTWARE, MYGLO STORE, OR CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GLO SOFTWARE, MYGLO STORE, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GLO SOFTWARE, MYGLO STORE, OR CONTENT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ID OR AN ID AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE GLO SOFTWARE, MYGLO STORE, OR CONTENT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ID BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE GLO SOFTWARE, MYGLO STORE, OR CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall ID's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the greater of the amount you paid for the GLO Software (not including any additional Content from the MyGLO Store) and fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Florida, as applied to agreements entered into and to be performed entirely within Florida between Florida residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
13. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the GLO Software licensed hereunder and supersedes all prior EULAs or prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to use MyGLO Store which will govern your use of such store and any Content you license through that store. No amendment to or modification of this License will be binding unless in writing and signed by ID. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
