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End User Agreement

IMPORTANT: THIS END USER AGREEMENT ("AGREEMENT") SETS FORTH THE TERMS AND CONDITIONS ("TERMS") GOVERNING PAGE MAGE'S PROVISION OF SERVICES AND SOFTWARE TO YOU. PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE "I ACCEPT" BUTTON, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, CLICK THE "I DO NOT ACCEPT" BUTTON.

Your use of any of the software offerings or other services offered on the Page Mage website (the "Website"), including without limitation any offline or third-party components, data, lists, reports, templates or services (collectively, the "Services") is subject to this Agreement. You hereby represent that you are 18 years of age or older, with full legal capacity to enter into this Agreement. If you are agreeing to these Terms on behalf of a company or other legal entity, you further represent that you have the authority to bind such entity to these Terms. Though the Services and software involve the creation of content to be posted on eBay, Page Mage is not associated with eBay.

1 ADDITIONAL TERMS; SERVICE COMMUNICATIONS
1.1 Some of the Services may be subject to additional conditions either posted on the Website (such as our Website Terms of Use) or contained in ordering documents (such as subscription terms and prices, and license, user, and geographical restrictions). Your use of those Services is subject to those conditions, which are incorporated into this Agreement by reference. In the event of an inconsistency between this Agreement and any additional conditions, the provisions of the additional conditions will prevail.
1.2 You understand and agree that the Services may include communications such as service announcements and administrative messages from Page Mage. You also understand that Page Mage's Services may include advertisements.
2 LICENSE GRANT; YOUR CONTENT; LINKED CONTENT; CHANGES
2.1 Page Mage hereby grants you a non-exclusive, non-transferable right to access and use Page Mage software and Services for the term of this Agreement, solely for your own internal business purposes, subject to this Agreement and the Fee Policy. If any Service is licensed on a "named user" basis, rights of any user licensed to utilize the Service cannot be shared or used by more than one individual. In addition, a user may not be transferred from one individual to another unless the original user no longer requires, and is no longer permitted, access to the Service.
2.2 The Website includes a combination of content that Page Mage creates, that Page Mage's partners create, and that Page Mage's users create. You may use the content on the Website only for your internal business purposes in connection with the Services and/or your licensed use of Page Mage's products. Except for the foregoing, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, reverse engineer, publicly display, or in any way exploit any of the software, materials or content on the Website, in whole or in part.
2.3 You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Website or through the Service ("Your Content"). You have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content. All of Your Content to be posted on eBay shall comply with applicable eBay policies and terms of use. You grant Page Mage a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your Content, in any media now or in the future, in connection with Page Mage's provision of the Services available on the Website. Your Content will be protected by Page Mage with at least the same protective precautions that Page Mage takes to protect its similar proprietary information from unauthorized disclosure. Page Mage will not, without your prior written consent, disclose any of Your Content to any thirty party, except to those bona fide individuals and/or entities whose access is necessary to enable Page Mage to perform its obligations hereunder. Notwithstanding the foregoing, where you provide or display Your Content on the Website for the view, evaluation, download, use or consumption of other users, Page Mage has no confidentiality obligations whatsoever with regard to such Content.
2.4 You hereby represent and warrant that you own or have sufficient legal right to the intellectual property rights in Your Content and that Your Content, including any use thereof by Page Mage as described below, does not violate applicable law or the rights of any third party. You hereby grant Page Mage and Page Mage's partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable right during the term of this Agreement to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on the Website and other related Internet websites (including eBay), (ii) processing Your Content in connection with providing the Services to you, and/or (iii) storing or hosting Your Content in a remote database or on the Website for your access. This license will apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
2.5 Page Mage enables you to link to images, videos, audio, and other content hosted on a third-party website ("Linked Content"). The eBay listings that you create are saved by Page Mage, but this is separate from the Linked Content, and the existence of such listings does not affect the ability to view or use Linked Content. If the Linked Content is no longer available or accessible, the Linked Content portions of your creation will not work. Page Mage does not download, upload, or host any Linked Content.
2.6 You may be exposed to content that you find offensive, indecent, or objectionable, or that is inaccurate, and you bear all risks associated with using that content. Page Mage has the right, but not the obligation, to remove any content that may, in Page Mage's sole discretion, violate this Agreement or that is otherwise objectionable.
2.7 If this website permits the e-mailing of certain content or a link through the use of an "e-mail to a friend" (or similar) icon, you may send that particular content or link to others by e-mail, as indicated.
2.8 Page Mage reserves the right from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) at any time. You acknowledge that Page Mage may from time to time upon prior written notice to you change the Services, including, without limitation, establish and modify general practices and limits concerning use of the Services, the maximum number of days or maximum amount of Your Content that will be retained, the amount and frequency that Your Content may be sent from or received by an account, the maximum size of Your Content that may be sent from or received by an account, the maximum disk space that will be allotted on Page Mage's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the software and Services in a given period of time, and charge for Services that Page Mage may have previously offered without charge. You agree that Page Mage has no responsibility or liability for the deleting or failure to store any of Your Content and other content or materials maintained or transmitted as part of the Services.
3 TECHNICAL SUPPORT
Page Mage will provide a toll free telephone support number and/or an Internet address for submitting support requests, maintained by qualified support specialists, per Page Mage's policies.
4 INTELLECTUAL PROPERTY RIGHTS
Page Mage and/or its licensors own all rights, title and interests, including all intellectual property rights, in and to the Website and the Services, the software, materials and other related content (excluding Your Content), and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website or the Services. In addition, all content published on the Website, including, but not limited to, reports, presentations, written content, graphics, images, marks, logos, sound or video clips, and Flash or Java animation, are protected by Page Mage's copyrights or trademarks or those of Page Mage's partners or users.
5 FEES
5.1 You agree to pay the fees on the terms stated in the Fee Policy. You agree to pay all applicable taxes relating to the Services. Any amount payable by you to Page Mage that is past due will be subject to a late payment charge equal to one percent (1%) per month, or the highest rate permitted by law, whichever is less.
5.2 The maximum disk storage space provided to you at no additional charge is 5 GB. If the amount of disk storage required exceeds these limits, you will be charged Page Mage's then-current storage fees. Page Mage will use reasonable efforts to notify you when the storage reaches approximately 90% of the maximum; however, any failure by Page Mage to so notify you will not affect your responsibility for such additional storage charges. Without limiting the generality of the provisions of Section 2.8 of this Agreement, Page Mage reserves the right to establish or modify its general practices and limits relating to storage of data and other content.
5.3 If you purchase Pay-As-You-Go credits as described in the Fee Policy, you do not own the credits, and credits are not your (or any other person's) personal property. Instead, when you obtain Pay-As-You-Go credits, you have only received a limited license to a digital product as described above. Credits have no monetary value and are not transferable. You may not obtain any cash or money in exchange for credits, regardless of how you acquired those credits.
6 TERM; INACTIVE ACCOUNT STATUS; TERMINATION
6.1 his Agreement will become effective upon your acceptance (i.e., by clicking the "I Accept" button) of, and will continue in effect until terminated in accordance with, these Terms.
6.2 If you do not login to your account at least once every twelve (12) months, your account will be given inactive status and automatically suspended. Should your account remain inactive continuously for one (1) year, this Agreement will automatically terminate upon thirty (30) days' written notice from Page Mage, sent by email (only) to the address listed in your account, which shall be deemed sufficient notice under this Agreement. At any time prior to termination, you may reactivate an inactive account by logging in through the Page Mage website. Once an inactive account has been terminated, no Page Mage software or Services will be available.
6.3 Page Mage may immediately terminate or suspend your use of the Services provided hereunder, or terminate your account and this Agreement if you (i) fail to pay any applicable fees when due, or (ii) breach or otherwise fail to comply with this Agreement and fail to remedy such breach within thirty (30) days after being notified in writing thereof. Page Mage may terminate any free account or Services at any time in its sole discretion without liability to you. Termination will not relieve you from the obligation to pay fees that remain unpaid and will not limit either party from pursuing other available remedies.
6.4 You may terminate any fee-based Services upon thirty (30) days' written notice to Page Mage.
6.5 Upon termination of this Agreement or any part thereof in accordance with this Agreement by Page Mage as a result of your breach, negligence, or default, Page Mage will have no obligation to refund to you any fees you have already paid to Page Mage, unless otherwise provided by mandatory applicable law. Notwithstanding the foregoing sentence, in the event your access to the Services is terminated other than by reason of your breach, Page Mage will make available to you a file of your data within thirty (30) days after termination if you so request at the time of termination.
6.6 In the event Page Mage (or its successor in interest) ceases to operate in the normal course of business, and as a result the Services are permanently unavailable, Page Mage will refund to you any pre-paid fees for the remaining months where you no longer have access to the Services.
7 Please refer to our Privacy Policy posted at http://www.pagemage.com/privacyPolicy.jsp.
8 ACCOUNT, REGISTRATION, AND ACCESS
8.1 In the process of establishing an account with Page Mage and becoming party to this Agreement, Page Mage will require registration information from you. The information you provide Page Mage must be true, accurate, current, and complete, and you will promptly update your registration information to keep it accurate, current, and complete. If Page Mage issues you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree immediately to notify Page Mage of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to logout from your account at the end of each session. Page Mage will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
8.2 You will be responsible for all activity occurring under your account and will comply with all applicable local, state, and foreign laws, treaties and regulations in connection with your use of the Services, including without limitation, laws and regulations governing data privacy, international communications and transmission of technical or personal data.
8.3 The technology and the software underlying the Website and the Services are the property of Page Mage and/or Page Mage's affiliates, suppliers and partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Website or the Services. You agree not to modify the software underlying the Website in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Website. Without limiting the foregoing and in addition to the restrictions set forth in our Website Terms of Use, you agree that you will not use the Services on the Website to take any of the following actions:
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
  • Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, misleading, infringing, obscene, indecent, or unlawful content;
  • Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Page Mage's sites, any software or hardware, or telecommunications equipment;
  • Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, chain letters or other unsolicited messages;
  • Download any file that you know or reasonably should know cannot be legally obtained in such manner;
  • Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or the source of software or other material;
  • Restrict or inhibit any other user from using and enjoying any area within the Website;
  • Impersonate any person or entity, including, but not limited to, any Page Mage representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  • Forge headers or manipulate identifiers or other data to disguise the origin of any content transmitted through the Website or to manipulate your presence on the Website.
8.4 If offered as part of the Services, you agree to use Page Mage's bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities only to send and receive messages and material that are proper and related to that particular forum.
8.5 If you choose a username that, in Page Mage's sole discretion, is obscene, indecent, abusive or that might otherwise subject Page Mage to public disparagement or scorn, Page Mage reserves the right, without prior notice to you, automatically to change your username, delete your posts from Page Mage's sites, deny you access to Page Mage's sites, or any combination of these options.
8.6 Unauthorized access to the Website is a breach of this Agreement and a violation of the law. With respect to the Services being provided under this Agreement, you agree not to access the Website by any means other than through the interface that is provided by Page Mage for use in delivering such Services.
8.7 You may not access the Services for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes.
8.8 Nothing contained in this Agreement will limit Page Mage's right to comply with governmental, court, and law-enforcement requests or requirements relating to provision of the Services.
9 INDEMNIFICATION
9.1 You hereby agree to indemnify, defend and hold Page Mage and all of Page Mage's officers, directors, owners, employees, agents, affiliates, suppliers, partners and licensors (collectively, the "Page Mage Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Page Mage Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, arising out of:
  • Your use of the Website software;
  • Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
  • The content, the quality, or the performance of content that you submit to the Website;
  • Your connection to the Website;
  • Your violation of this Agreement; or
  • Your violation of the rights of any other person or entity.
9.2 Page Mage will defend you from any third party claim that your use of Page Mage's proprietary software hosted on the Website infringes such third party's copyright, patent or trademark, and will pay all damages finally awarded against you in such claim. If Page Mage settles the claim, Page Mage will pay all settlement amounts on your behalf. In exchange, you must (i) promptly notify Page Mage if such a claim is asserted against you, (ii) allow Page Mage sole defense of the claim, and (iii) cooperate with Page Mage's requests for reasonable assistance, at Page Mage's expense. Page Mage will not be obligated to indemnify you if you are in violation of any of the Terms. If as a result of the infringement or misappropriation your use of the software hosted on the Website is enjoined by a court of law, Page Mage will modify the software to make it non-infringing, acquire a license for you to continue using the software, or if neither option is commercially reasonable, refund to you the applicable fees paid by you during the twelve (12) month period preceding the injunction. This is your exclusive remedy for a third party's infringement or misappropriation claim against your use of the software hosted on the Website.
10 WARRANTY; DISCLAIMERS
10.1 Page Mage warrants that during the term of this Agreement, the Website software will conform to the documentation provided by Page Mage. In the event the Website software does not conform to the documentation, if you promptly notify Page Mage, Page Mage will modify the Website software so that it conforms. This is your exclusive remedy.
10.2 Page Mage disclaims any responsibility for the deletion, loss or damage, destruction, the failure to store, the misdelivery, or the untimely delivery of any content, information or material. Page Mage disclaims any responsibility for, and if you pay for one of Page Mage's fee-based services you will not be entitled to a refund or any other damages as a result of, any service outages that are caused by Page Mage's maintenance on the servers or the technology that underlies Page Mage's Website, interface, or other underlying software, problems inherent in the use of the Internet and electronic communications, failures of Page Mage's service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of Page Mage's facilities, acts of nature, war, civil disturbance, or any other cause beyond Page Mage's reasonable control.
10.3 EXCEPT FOR THE WARRANTY PROVIDED IN 10.1, THE WEBSITE AND THE SERVICES, THE SOFTWARE, CONTENT AND OTHER MATERIALS, ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE WEBSITE AND THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER PAGE MAGE NOR ANY OF ITS LICENSORS, SUPPLIERS, OR PARTNERS MAKES ANY WARRANTY OR REPRESENTATION THAT: (i) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIALS THAT YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. PAGE MAGE AND ITS LICENSORS, SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION, GUARANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE OR ANY OF THE CONTENT, SERVICES, PRODUCTS, SOFTWARE OR OTHER MATERIALS AVAILABLE THROUGH THE WEBSITE.
11 LIMITATION OF LIABILITY
11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PAGE MAGE NOR ITS SUPPLIERS, LICENSORS, OR PARTNERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE SERVICES OR THE WEBSITE, ITS SOFTWARE, CONTENT OR OTHER MATERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR LOSS OF DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM BUT NOT LIMITED TO: (i) THE USE OR THE INABILITY TO USE THE WEBSITE AND THE SERVICES; (ii) UNAUTHORIZED ACCESS TO, ALTERATION OF, OR INACCURACY, ERROR OR OMISSIONS IN YOUR CONTENT, TRANSMISSIONS OR DATA; or (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAGE MAGE AND ITS LICENSORS, SUPPLIERS AND PARTNERS WILL NOT BE LIABLE FOR ANY DAMAGES THAT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO PAGE MAGE FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
11.3 SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, PAGE MAGE'S LIABILITY AND THAT OF ITS LICENSORS, SUPPLIERS AND PARTNERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12 DISPUTE RESOLUTION
12.1 Any dispute arising out of or relating to this Agreement will be finally settled by arbitration, except that Page Mage may bring an action in a court of competent jurisdiction with respect to any dispute affecting Page Mage's intellectual property rights, whether statutory or contractual.
12.2 The arbitration will be conducted in accordance with the commercial arbitration rules (the "Rules") of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted at a mutually-agreed location in San Mateo County, California, United States, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
12.3 All arbitration proceedings will be conducted in English by a single arbitrator selected under the Rules, who must be a lawyer and fluent in English. The arbitrator has no authority to award damages in excess of those permitted in this Agreement for any reason. Any award in excess of such limitation will be deemed void as between the parties.
12.4 Either you or Page Mage may seek any interim or preliminary relief from a court of competent jurisdiction in San Mateo County, California, necessary to protect your or Page Mage's (or its agents, suppliers, and subcontractors), rights or property pending the completion of arbitration.
13 MISCELLANEOUS
13.1 The Website and software feature trademarks, service marks, and logos that are the property of Page Mage and/or its suppliers, partners, and licensors. The Website and software also may include trademarks, service marks, or logos of other third parties. All such marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner.
13.2 Page Mage may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon Page Mage's delivering them to you through e-mail. You may update your e-mail address by visiting the portion of the Website where you have provided contact information. If you do not provide Page Mage with accurate information, Page Mage cannot be held liable if Page Mage fails to notify you. You may have the right to request that Page Mage provide such notices to you in paper format, and may do so by contacting Page Mage Inc., Contracts Administration, 805 Veterans Blvd. Suite 316, Redwood City, CA, 94063. Any other communication to Page Mage should also be sent to that address.
13.3 Page Mage's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement and your right to use the Services may not be assigned by you without the prior written approval of Page Mage.
13.4 This Agreement, including any applicable Fee Policy and all terms, conditions, and policies that are incorporated into these terms by reference (including but not limited to the Website Terms of Use), constitute the entire agreement between you and Page Mage and govern your use of the Services on the Website, superseding any prior agreements that you may have with Page Mage with respect to the subject matter hereof.
13.5 This Agreement will be construed in accordance with the laws of the State of California, excluding its conflicts of law principles, and the federal laws of the United States.
13.6 The use of this Website and Website materials (e.g., interfaces, underlying software, and content hosted on the Website) contained thereon is subject to the U.S. Export Administration Regulations. You agree to the following: (a) you are not a citizen, national or resident of, and are not under the control of, the government of Cuba, Iran, North Korea, Syria, Sudan or any other country to which the United States has prohibited export; (b) you will not export or re-export the materials from the Website, directly or indirectly, either to the above mentioned countries or to citizens, nationals or residents of those countries; (c) you are not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders; (d) you will not export or re-export Website materials, directly, or indirectly, to persons on the above mentioned lists; and (e) you will not use the Website and Website materials for, and will not allow the Website and Website materials to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
13.7 The Website and the Services, interfaces, software, content and other materials, will be deemed "commercial computer software" and "commercial computer software documentation" pursuant to DFAR Section 227.7202 and FAR Section 12.212 (and any successor sections). The use of the Website and the Services including, but not limited to, its reproduction and display, by the United States of America and/or any of its instrumentalities, regardless of form, will be governed by this Agreement.
13.8 If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the intent of the original provision. All other terms that remain valid and enforceable will survive and remain in full force and effect.
13.9 If you have a dispute with one or more users, you release Page Mage (and Page Mage's officers, directors, agents, and employees) from claims, demands, and damages (direct and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive the application of California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not known 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."
14 FONT SOFTWARE
14.1 You acknowledge that this server-based Customer Product contains, as a component, font software which generates font designs ("Font Software").
14.2 You agree that as used herein, the term "Internal Use" shall mean use of the Customer Product only in the course of your customary and ordinary internal business or personal use. "Customary and ordinary internal business use" shall mean use by you, your employees, or your authorized agents for your customary and ordinary internal business. "Customary and ordinary personal use" shall mean use by you or a member of your household for internal personal purposes. "Internal Use" shall occur when an individual permitted by this Paragraph 2 is able to give commands (whether by keyboard or otherwise) from a remote location that are followed by the Font Software which is a component of the Customer Product. Internal Use shall not include any use of the Customer Product (i) in the case of "customary and ordinary internal business use," by persons that are neither your authorized employees nor authorized agents, or (ii) in the case of "customary and ordinary personal use," by persons that are not members of your household. All such employees, agents, and household members shall be notified by you as to the terms and conditions of this End User Agreement and shall agree to be bound by it
14.3 Customer hereby grants you the non-exclusive, non-assignable, and non-transferable right to use this server-based Customer Product and its components only for your "Internal Use" and for no other purposes, including but not limited to, further resale, sublicensing, or distribution. All rights not expressly granted in this license are reserved by Customer.
14.4 You may not alter Font Software which is a component of the Customer Product for the purpose of adding any functionality which such Font Software did not have when presented to you as part of the Customer Product. You may not extract the Font Software from the Customer Product or from Customer's server. You may not copy the Font Software from the Customer Product or from Customer's server.
14.5 Internal Use shall not include any distribution whatsoever of the Customer Product or any component thereof, provided however, that you may electronically distribute a document created by you in the scope of Internal Use which contain Font Software in a static graphic image or in a format that permits the embedding of Font Software solely for the viewing and printing (and not the editing, altering, enhancing, or modifying) of such document. You may not embed Font Software into a document, which is distributed as a commercial product in exchange for a fee or other consideration (For example, End Users shall not embed Font Software into an electronic book that is offered to the public for a fee).
14.6 This license does not transfer any right, title, or interest in the Customer Product or its components to you except as specifically and expressly set forth herein. You are on notice that Customer claims protection of this software product under copyright laws. Components of the Customer Product may have been developed by an independent third party software supplier, which holds copyright or other proprietary rights to its software product. You may be held responsible by this supplier for any infringement of such rights by you.
14.7 Customer reserves the right to terminate this license upon breach. In the event of termination, you will be required to immediately cease all use of the Customer Product and Licensed Font software residing therein, destroy the original and all copies of the Customer Product in your custody, possession, or control and promptly certify to Customer that such destruction has taken place.
14.8 If this product is acquired under the terms of a (i) GSA contract - use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract, (ii) DOD contract - use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of 252.277-7013; (iii) Civilian agency contract - use, reproduction, or disclosure is subject to 52.277-19(a) through (d) and restrictions set forth in the accompanying End User Agreement. All rights reserved under the copyright laws of the United States.