END USER LICENSE AGREEMENT (“EULA”) FOR MLAS PAYMENTS
IMPORTANT – READ CAREFULLY BEFORE USING MLAS PAYMENTS: This End User License Agreement (“EULA”) is a legal agreement between you (“Licensee” or “you”) and Mendo-Lake Alternative Service (“Licensor” or “we”) for the use of the MLAS Payments software application (“App”). By downloading, installing, or using the App, you agree to be bound by the terms of this EULA.
- Grant of License. Licensor grants you a non-exclusive, non-transferable, limited license to install and use the App for personal or business use on a mobile device or computer that you own or control, subject to the terms of this EULA.
- Restrictions. You may not: (a) copy, modify, adapt, translate, or create derivative works based on the App; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App or any part thereof; (c) remove or alter any copyright, trademark, or other proprietary notices contained in or on the App; (d) use the App for any unlawful purpose or in any manner that could damage, disable, overburden, or impair any server, network, or other infrastructure; (e) rent, lease, loan, sell, distribute, or sublicense the App or any portion thereof to any third party; (f) use the App to infringe any intellectual property or other right of any third party; or (g) use the App to transmit any viruses, Trojan horses, worms, time bombs, or other harmful or malicious code.
- Ownership. The App is licensed, not sold, to you. Licensor retains all right, title, and interest in and to the App, including all intellectual property rights therein. The App is protected by copyright, trademark, and other intellectual property laws.
- Disclaimer of Warranty. THE APP IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Limitation of Liability. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS EULA OR THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL LICENSOR’S LIABILITY FOR DAMAGES HEREUNDER EXCEED THE AMOUNT PAID BY YOU TO LICENSOR FOR THE APP. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Termination. This EULA is effective until terminated. You may terminate this EULA by deleting the App and all copies thereof from your mobile device or computer. Licensor may terminate this EULA immediately if you breach any of the terms or conditions of this EULA. Upon termination, you must delete the App and all copies thereof from your mobile device or computer.
- Governing Law. This EULA shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of law provisions.
- Entire Agreement. This EULA constitutes the entire agreement between you and Licensor with respect to the use of the App and supersedes all prior or contemporaneous understanding and agreements, whether written or oral, regarding such subject matter.
- Modifications. Licensor reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the App after any revisions become effective, you agree to be bound by the updated EULA.
- Miscellaneous. This EULA shall not be assignable or transferable by you without the prior written consent of Licensor. This EULA shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. The failure of Licensor to enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. If any provision of this EULA is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent possible, and the remaining provisions of this EULA shall remain in full force and effect. The headings in this EULA are for convenience only and shall not affect the interpretation of this EULA.
