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Bitband and its Affiliates hereby reserve all rights which not are not expressly accorded to you under this Agreement. While you are permitted to let your Affiliates use the Service, this is subject to the following guarantee: you expressly guarantee that you shall be fully responsible and liable for any actions of your Affiliate concerning their use and access of the Service, as well as their compliance with this Agreement.
License
1.2. The scope of your license only permits use of the Products for their specific versions as received at the time of installation, and strictly for the quantity of authorized users and nodes on devices that you control, own, or lease.
1.3. You hereby agree that Bitband, at its expense, may audit your use of the Products at any time, and further agree that should the results of the audit show that you have used the Products with no valid license, then the cost of the audit shall be borne by you.
2. General Use and Restrictions.
2.1. For paid Apps, no license shall be valid unless you have paid for the associated service or license fee. In its sole discretion, Bitband at any time may increase its license or service fees, as well as increase the price for new initial licenses or renewals, whether for monthly, yearly, or other types of charges.
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2.5 Bitband gives no warranties for any Content which you may access or use relating to, in connecting with, or arising from your use of the Products, which are only accessible at your own risk, including assuming responsibility for any damages or liability arising from claims of any party in connection with such access
3. Intellectual Property; Content.
3.1. Bitband and its Affiliates shall absolutely own the Bitband System, the Service, and the Content, including all interest, title, and rights (including intellectual property), as well as any feedback, recommendations, ideas, or other suggestions that you furnish in connection with the Service. Bitband or Bitband Affiliates own trademarks to the Bitband name and logo, and other product logos or names of the Service.
3.2 You shall remain the owner of your rights, interest, or title in your Data, but hereby grant Bitband and its Affiliates all rights and licenses to such Data only as necessary for Bitband to provide Services or Support to you.
4. Support; Equipment.
4.1 You shall be fully responsible for procuring and setting up all necessary, and compatible, requirements and specifications in order to use the Products, including any necessary software, hardware, ancillary services, telephone services, modems, and other requirements as may be needed.
5. Warranty Disclaimer.
EXCEPT AS MAY BE LIMITED BY ANY APPLICABLE LAW OR REGULATION, AND EXCEPT AS EXPRESSLY WRITTEN UNDER THIS AGREEMENT, BITBAND AND ITS AFFILIATES MAKES NO WARRANTIES OF ANY KIND WHATSOEVER (WHETHER EXPRESS OR IMPLIED) RELATING TO THE SERVICE AND ALL RELATED CONTENT, WHICH ARE ONLY PROVIDED OR OFFERED TO YOU (AS MAY BE APPLICABLE) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
6. Indemnity.
6.1. Bitband and its employees, contractors, shareholders, directors, agents, representatives, licensors, suppliers, and distributors (“Indemnified Parties) shall not be liable in any manner for any claims, damages, costs, or liabilities arising from or in connection with the Products. You shall hold harmless any of the Indemnified Parties from any claims or liabilities of whatever nature (including attorney's fees) arising from or in connection with the Products ,and at the option of Bitband, indemnify the Indemnified Parties for any claims or liabilities in connection with or arising from your breach of this agreement.
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6.3. Should you reside in California, you hereby waive your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”, and should you be a resident of another State, you hereby waive any similar rights which you may have as the foregoing which you may under all analogous regulations, statutes, or laws, including those for your State of residence.
7. Limitation of Remedies and Damages.
7.1. IN NO CASE SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY (I) INDIRECT, INCIDENTIAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF WHATEVER NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) FOR ANY BREACH, DELAY, NEGLIGENCE, OR ANY MATTER BEYOND ITS REASONABLE CONTROL. SHOULD THE FOREGOING BE LIMITED IN ANY MANNER BY ANY APPLICABLE LAW, YOU HEREBY AGREE THAT BITBAND’S LIABILITY FOR ANY CLAIM OF ANY KIND WHATSOEVER IN CONNECTION WITH OR ARISING FROM THIS AGREEMENT, WHETHER RELATED TO AN ISSUE OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL BE THE TOTAL FEES RECEIVED BY BITBAND FROM YOU, UNLESS THIS IS IN CONTRAVENTION OF APPLICABLE LAW AND IN WHICH CASE, BITBAND’S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT REQUIRED BY SUCH LAW.
8. Miscellaneous.
8.1. No joint venture, partnership, agency, or employment shall result from this Agreement
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