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Mobile App - Software EULA aka Terms of Service (TOS)

BoardActive Corporation aka “BoardActive Corp.” or “BoardActive” 
  End-User License Agreement

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE "EULA" or "AGREEMENT") BEFORE DOWNLOADING, INSTALLING OR USING ANY SOFTWARE PROVIDED BY BOARDACTIVE CORP. LTD. ("BOARDACTIVE CORP." OR "WE") OR ENABLING ANY SUCH SOFTWARE (COLLECTIVELY, THE "BOARDACTIVE CORP. SOFTWARE"). THE BOARDACTIVE CORP. SOFTWARE DOES NOT INCLUDE THIRD-PARTY SOFTWARE (AS DEFINED IN SECTION 2 BELOW) OR OPEN SOURCE SOFTWARE (AS DEFINED IN SECTION 4 BELOW). THIS IS A LEGAL AGREEMENT BETWEEN BOARDACTIVE CORP. AND YOU. THIS EULA ANDTHE BOARDACTIVE CORP. MOBILE PRIVACY POLICY (AVAILABLE AT HTTP://WWW.BOARDACTIVE .COM), ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE (AND COLLECTIVELY REFERRED TO HEREUNDER AS THE "EULA"), GOVERN YOUR ACCESS TO AND USE OF THE BOARDACTIVE CORP. SOFTWARE. In the event there is a contradiction between this EULA and the BoardActive Corp. Mobile Privacy Policy, the BoardActive Corp. Mobile Privacy Policy will control.
BoardActive Corp. is willing to license the BoardActive Corp. Software to you only on the condition that you accept all the terms contained in this EULA. By selecting the "Next" or “Accept” button (or similar language provided by us) or by downloading, installing, or using the BoardActive Corp. Software, you acknowledge and agree that you have read and understand this EULA and accept all of its terms.
We recommend that you print out or save a local copy of this EULA for your records. If you agree to this EULA on behalf of another person or legal entity including, without limitation, another business, you represent and warrant that you have the authority to bind that entity to this EULA and your agreement to this EULA will be treated as the agreement of the entity. In that event, "you" and "your" will refer and apply to that entity. If you do not accept this EULA in its entirety, then BoardActive Corp. is unwilling to license the BoardActive Corp. Software to you and you may not access or use the BoardActive Corp. Software. Any use of the BoardActive Corp. Software by you under these circumstances will be considered a violation of Intellectual property laws and may subject you to civil and/or criminal penalties.

  1. Modification of These Terms.

BoardActive Corp. reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If BoardActive Corp. materially modifies this EULA it will post the updated EULA in the "Settings, EULA, or TOS Menu" of the BoardActive Corp. Software via a hyperlink or by other reasonable means now known or hereafter developed. BoardActive Corp. will also update the "Last Updated Date" at the end of this Agreement. By continuing to use the BoardActive Corp. Software after BoardActive Corp. has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to uninstall the BoardActive Corp. Software. This Agreement will also govern any software upgrades and/or updates provided by BoardActive Corp. that upgrade and/or supplement the BoardActive Corp. Software, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

  1. The BoardActive Corp. Software and Third Party Software.
    1. BoardActive Corp. provides a platform that allows third parties to customize the BoardActive Corp. Software and distribute it to you ("Publishers"). Following your agreement to this EULA, the BoardActive Corp. Software is installed on your mobile device. The BoardActive Corp. Software may include app, web, or other search box(es) and other features. Such installed search features are further detailed in section 3 below. In addition, the installation of the BoardActive Corp. Software may enable BoardActive Corp. to access, use and collect a variety of information, both personal and non-personal, regarding your usage of the BoardActive Corp. Software, and information about your mobile device (additional information is further detailed in section 3 below).
    2. The Publishers customization of the BoardActive Corp. Software may take the form of adding data, information, links, web pages, images, software and code, text, photos, audio or video sounds, and/or visual works and components to the BoardActive Corp. Software (collectively "Third Party Software"), and then distributing it to you (the "BoardActive Network Internet / App  Software"). BoardActive Corp. does not have control of and does not take any responsibility for anything a Publisher adds to the BoardActive Corp. Software, which may include without limitation, naming the BoardActive Corp. Software. Some Publishers may distribute the BoardActive Network Internet / App Software as stand-alone software and some may distribute it as part of a package containing the BoardActive Network Internet / App Software bundled with Third Party Software. Third Party Software is the responsibility of the Publishers and not BoardActive Corp. Some Third Party Software and/or BoardActive Network Internet / App Software may contain Cookies or other tracking mechanisms. As used herein "Cookie" means a small piece of information that is placed on your device’s Browser while you are viewing a website or using the BoardActive Corp. Software, the BoardActive Network Internet / App Software and/or the Third Party Software. Some of the Third Party Software may pop-up on the screen of your mobile device. Because BoardActive Network Internet / App Software is installed on your mobile device, the BoardActive Network Internet / App Software takes up storage space on your mobile device hard-drive. The amount of storage space will vary based on the size of the BoardActive Network Internet / App Software and any Third Party Software available to you from it. Some of the data stored in this storage space may include your personal information. Please review the policies of the Third Party’s and/or Publishers for information about their practices.
    3. Third Party Software will have their own terms and conditions and privacy policies and we urge you to review them prior to using them as your use of such Third Party Software is subject to these terms and conditions and privacy policies. Third Party Software is not owned by BoardActive Corp. BoardActive Corp. is not responsible for any Third Party Software and you acknowledge that Third Party Software may be modified or removed by its respective content owners at any time. You assume all responsibility and risk of use of any Third Party Software and BoardActive Corp. hereby disclaims any and all liability to you or any third party related thereto. BoardActive Corp. does not have any obligation to examine or scan Third Party Software, for any purpose, and is not responsible for the accuracy, completeness, appropriateness or legality of any Third Party Software. The fact that a Third Party Software is available via the BoardActive Corp. Platform or otherwise is not an endorsement, authorization or representation of BoardActive Corp.'s affiliation with any third party, nor is it an endorsement of such Third Party Software and you hereby waive any legal or equitable rights or remedies you have or may have against BoardActive Corp. with respect thereto.
    4. In addition, BoardActive Corp., as a platform provider, provides Publishers and other third parties with a large number of tools to enable them to create interesting and unique apps, buttons and gadgets that they may distribute to you. Some of these tools may give these third parties the ability to access, collect, store and/or share your information. As BoardActive Corp. is merely the provider of the technology and these third parties are electing to integrate it in their BoardActive Network Internet / App Software and make it available to you, such apps, buttons and gadgets are also considered Third Party Software.
  2. License to Software and Use.
    1. Conditioned upon your compliance with the terms and conditions of this EULA, BoardActive Corp. hereby grants to you a limited, reversible, non-exclusive, personal, non-sub licensable, non-transferable, non-assignable license to install and use the executable form of the BoardActive Corp. Software on a single device (whether mobile device or other), solely for your personal use, provided that you use the BoardActive Corp. Software on a device (whether mobile device or other) owned or controlled by you. You may make a single copy of the BoardActive Corp. Software for backup purposes. BoardActive Corp. reserves all rights in the BoardActive Corp. Software not expressly granted to you in this EULA.
    2. With respect to any Third Party Software that may be incorporated with or into any BoardActive Corp. Software, you acknowledge and agree that your use of such Third Party Software shall also be subject to its respective usage and privacy terms.
    3. As part of the installation process of the BoardActive Network Internet / App Software, you may be changing your mobile device settings and/or your social network account settings. By installing the BoardActive Network Internet / App  Software, you agree you have approved such changes and you understand you can reconfigure such settings at any time from the "Settings Menu" available in the BoardActive Network Internet / App  Software, in the configuration options available in your mobile device, from within your social network account or from your mobile device Setting Menu. Such changes may include, without limitation, the following:
      1. Allowing software updates of the BoardActive Corp. Software once a new version is released and the ability to send notifications.
      2. Allowing the Publishers to send push notifications.
      3. Allowing BoardActive Corp. access to location-based information.
      4. Allowing BoardActive Corp. access to information contained on your Social Network account (which you must explicitly and separately opt in to).

To uninstall the BoardActive Network Internet / App Software, you may use the standard uninstall procedures offered by your device's Operating System.
For example: To uninstall the BoardActive Network Internet / App Software from your mobile device: please refer to your mobile device instructions manual or terms of service. For example, on the Apple iPhone operating system, if you hold down the icon of the BoardActive Network Internet / App Software you wish to delete until it shakes, you will get an "x" in the corner of the BoardActive Network Internet / App Software icon and you can touch the "x" to delete the Software.

    1. You may not use the BoardActive Network Internet / App Software in any manner that could: (i) damage, disable, overburden, or impair the BoardActive Network Internet / App Software (or any server or networks connected to any the BoardActive Network Internet / App Software), or (ii) interfere with any third party's use and/or enjoyment of the BoardActive Network Internet / App Software (or any server or networks connected to the BoardActive Network Internet / App Software).
  1. License Restrictions.
    1. Except as expressly specified in this EULA, you may not: (a) copy or modify the BoardActive Corp. Software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the BoardActive Corp. Software to any third party; or (c) use the BoardActive Corp. Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the BoardActive Corp. Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of BoardActive Corp. and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the BoardActive Corp. Software provided in object code or any other BoardActive Corp. products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
    2. Any Open Source Software that may be accompanying the BoardActive Corp. Software is provided to you under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Software. As used herein "Open Source Software" mean open source software components provided with the BoardActive Corp. Software that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the BoardActive Corp. Software. This EULA does not apply to any Open Source Software accompanying the BoardActive Corp. Software and BoardActive Corp. hereby disclaims any and all liability to you or any third party related thereto.
  2. Updates; Additional Services; Tests.
    1. The BoardActive Corp. Software may automatically download and install updates from BoardActive Corp., from time to time. These updates are designed to improve, enhance and further develop the BoardActive Corp. Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit BoardActive Corp. to deliver these to you) as part of your use of the BoardActive Corp. Software.
    2. Further, you agree that by using the BoardActive Corp. Software you may periodically send technical data and related information to BoardActive Corp. to facilitate the provision of updates, product support and other services to you, if any, related to the BoardActive Corp. Software. Such information may include, but is not limited to, technical information or personal preferences about your computer or device (whether mobile device or other), and/or internet Browser and/or system. Additionally, you agree BoardActive Corp. may conduct A/B testing and change the look and feel of the BoardActive Corp. Software or add additional features in order to improve your experience with the BoardActive Corp. Software.
    3. Your only recourse if you are unhappy with any of the modifications to the BoardActive Corp. Software is to uninstall the BoardActive Network Internet / App Software.
  3. Proprietary Rights.
    1. The BoardActive Corp. Software is licensed, not sold to you. You acknowledge and understand that BoardActive Corp. owns all right, title and interest in and to the Software, including without limitation all intellectual property rights therein. The BoardActive Corp. Software is protected by United States (and other countries) copyright, trademark, other statutory and common law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the BoardActive Corp. Software as delivered to you.
    2. All rights in the Third Party Software, including all ownership rights are reserved and remain with such third parties. You agree that such third parties may enforce their rights against you directly in their own name. BoardActive Corp. is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any contracts, rules, policies or procedures applicable to your use of any Third Party Software.
  4. Privacy and Legal Rights
    1. The BoardActive Corp. Privacy Policies (available at http://www.BoardActive.com/privacy) contain information about BoardActive Corp.'s data protection policies and explains how BoardActive Corp. accesses, collects, uses and/or shares information that is generated by your use of the BoardActive Network Internet / App  Software. You consent to BoardActive Corp.’s use of your data in accordance with BoardActive Corp.'s Privacy Policies.
    2. If search is available in your BoardActive Corp. Software, please note that BoardActive Corp. collects search query information. Such search query information could be used to serve relevant ads to you and/or to monitor the performance of the search services.
    3. BoardActive Corp. prohibits the violation of a user's privacy rights and the distribution of materials that are illegal, infringing or may be deemed offensive by BoardActive Corp., in its sole discretion, as part of its terms of service and user agreements. If you believe that your legal or privacy right has been violated while using the BoardActive Network Internet / App Software or Third Party Software, BoardActive Corp. encourages you to report such matters to BoardActive Corp. at your earliest convenience (to report, please visit the "Legal" section at the BoardActive Corp. website, at http://www.BoardActive.com). BoardActive Corp. will, at its discretion, examine your complaint and take commercially reasonable efforts to attempt to resolve the issue as part of BoardActive Corp.'s commitment to providing a positive user experience.
  1. Your  Obligations.
    1. You hereby acknowledge and agree to only use the BoardActive Corp. Software as permitted in this EULA.
    2. You agree to comply with all applicable laws, rules and regulations when using the BoardActive Network Internet / App Software. You will not use the BoardActive Network Internet / App Software to infringe anyone's rights, including, without limitation, any intellectual property rights of any person or entity.
    3. You agree that you are solely responsible for (and that BoardActive Corp. has no responsibility to you or to any third party) your use of the BoardActive Network Internet / App  Software, any breach of your obligations under the EULA, and for the consequences (including any loss or damage which BoardActive Corp. may suffer) of any such breach.
  2. No Obligation.

BoardActive Corp. is not obligated to maintain or support the BoardActive Corp. Software, or to provide you with updates, fixes, or services related thereto. You understand that during and/or by using the BoardActive Network Internet / App Software, you may encounter Third Party Software that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the BoardActive Network Internet / App Software at your own risk and that BoardActive Corp. shall not have any liability to you with respect to such content.

  1. Government Users.

Any use, duplication, or disclosure of the BoardActive Network Internet / App Software by the U.S. government is subject to the restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Manufacturer is BoardActive Corp.

  1. Export Laws.
    1. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the BoardActive Network Internet / App Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree you will not export nor re-export the BoardActive Network Internet / App Software nor any technical data related thereto nor any direct product thereof to any US embargoed country.
    2. By downloading and using the BoardActive Network Internet / App Software, you further represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
  2. Disclaimer of Warranties.

In addition to the limitations of BoardActive Corp.’s liability expressly contained in this Agreement, BoardActive Corp. further disclaims any warranty related to acknowledge and agree that you assume all the responsibility and risk for your use of the Software and the results and performance thereof and your use of any Third Party Software. THE BOARDACTIVE CORP. SOFTWARE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. BOARDACTIVE CORP. DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BOARDACTIVE CORP. OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. BOARDACTIVE CORP. DOES NOT REPRESENT OR WARRANT THAT: (I) THE BOARDACTIVE CORP. SOFTWARE OR ANY THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE BOARDACTIVE CORP. SOFTWARE OR ANY THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE BOARDACTIVE CORP. SOFTWARE, ANY THIRD PARTY SOFTWARE AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE BOARDACTIVE CORP. SOFTWARE OR ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION, WEATHER REPORTS, FINANCIAL DATA, ANALYSIS, MARKET INFORMATION AND NEWS, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE BOARDACTIVE CORP. GROUP (DEFINED BELOW) AND BOARDACTIVE CORP.'S THIRD PARTY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. BOARDACTIVE CORP. MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE BOARDACTIVE CORP. SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE BOARDACTIVE CORP. SOFTWARE OR THE THIRD PARTY SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE BOARDACTIVE CORP. SOFTWARE IS TO UNINSTALL AND CEASE USE OF THE BOARDACTIVE NETWORK INTERNET / APP SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability.

IN NO EVENT WILL BOARDACTIVE CORP., ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE "BOARDACTIVE CORP. GROUP") AND BOARDACTIVE CORP.'S THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE BOARDACTIVE CORP. SOFTWARE OR ANY THIRD PARTY APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT THE BOARDACTIVE CORP. GROUP OR ITS THIRD PARTY LICENSORS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL BOARDACTIVE CORP.'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE BOARDACTIVE CORP. SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  (B) TO THE EXTENT NOT PROHIBITED BY LAW TO END USERS -  IN NO EVENT SHALL APPLICATION PROVIDER 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 LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER 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 Application Provider’s total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

  1. Confidential Information.

The term "Confidential Information" means any information or material that is proprietary to BoardActive, whether or not owned or developed by BoardActive and whether or not specifically labeled or identified as “confidential,” which is not generally known other than by BoardActive and which you obtain through direct or indirect contact with BoardActive. Confidential Information includes, but is not necessarily limited to: business records and plans, financial statements, customer lists and records, trade secrets, technical information, products, product design information, pricing structure and costs, marketing and public relations information, computer programs and listings, copyrights, patents, and all other intellectual property, formulas, data, inventions, mask work rights, sui generis database rights, ideas, concepts, discoveries, inventions, developments, technologies, works of authorship, know-how, devices and apparatuses, code, tangible and intangible information, whether or not it may be patented, copyrighted, or otherwise protected (including all versions, modifications, enhancements and derivative works thereof), and any and all other proprietary information. Confidential Information does not include any matters of public knowledge, information freely disclosed by BoardActive, and/or any other information that both parties agree in writing is not to be treated as confidential. It is understood and agreed that all Confidential Information and all intellectual property rights, including, but not limited to, patent rights, copyrights, trademarks, and other proprietary rights, in and to the Confidential Information disclosed to you, shall be and remain the property of BoardActive. In addition, nothing in this Agreement shall be construed (i) as establishing any joint venture or other business relationship, (ii) as granting to you any license or right to the Confidential Information or any intellectual property rights related thereto, or (iii) as representing any commitment by either party to enter into any license or other agreement by implication or otherwise. Upon written request, you agree to return promptly all Confidential Information to BoardActive. You understand and acknowledge that the Confidential Information has been developed or obtained by BoardActive by the investment of significant time, effort, and expense, and that the Confidential Information is a valuable, special and unique asset of BoardActive which provides a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the disclosure of the Confidential Information, you agree to hold in confidence and to not disclose the Confidential Information to any person or entity without the prior written consent of BoardActive. In addition, you agree that: (a) No Copying/Modifying. You will not copy or modify any Confidential Information without the prior written consent of BoardActive. (b) Application to Employees, Vendors and Suppliers. You shall not disclose any Confidential Information to any of your employees, vendors, and/or suppliers, except those parties who are required to have the Confidential Information in order to perform your duties in connection with the limited purposes of this Agreement.

  1. Indemnification.

To the maximum extent permitted by law, You agree to defend, indemnify and hold the BoardActive Corp. Group AND ITS officers and employees  harmless from and against any and all claims, suites, losses, liability, costs or expenses (including but not limited to reasonable attorneys fees) arising from or incurred as a result of your use of the BoardActive Network Internet / App Software, including your downloading, installation, or use of the BoardActive Network Internet / App Software, or your violation of this EULA.

  1. Term and Termination.

Your license to use the BoardActive Corp. Software under this EULA shall continue until it is terminated by either party. You may terminate this EULA at any time, by discontinuing the use of all or any of the BoardActive Network Internet / App Software and by destroying all copies of the BoardActive Network Internet / App Software in your possession and control. This EULA and the license granted to you under this EULA will terminate automatically if you breach any term of this EULA. Upon termination, you must at BoardActive Corp.'s option either promptly destroy or return to BoardActive Corp. all copies of the BoardActive Network Internet / App Software in your possession or control. Sections 2, 3, 4, 6 through 12, 14 and 16 shall survive the termination of this EULA.

  1. Miscellaneous.

(a) This EULA and all the policies referenced herein constitute the entire agreement between BoardActive Corp. and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of BoardActive Corp. (b) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance. (c) This EULA shall be governed by and interpreted under the laws of the State of Georgia, without regard to its conflicts of law’s provisions. All actions relating to this EULA and the BoardActive Network Internet / App Software shall be brought in the competent court in the State of Georgia. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Notwithstanding this, you agree that BoardActive Corp. will still be allowed to apply for injunctive remedies (or an equivalent type of unilateral, non-monetary urgent legal relief) in any jurisdiction. (d) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (e) If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof, to be unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. BoardActive Corp. reserves the right, at our discretion, to update or revise this EULA.    (f) Except as required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. (g) You may not assign your rights under this EULA to any party without BoardActive Corp.'s consent. (h) If any provision of this EULA shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions. (I) nothing in this EULA will be construed as creating a joint venture, partnership, employment, or agency relationship between you and          BoardActive Corp., and you do not have any authority to create any obligation or make any representation on BoardActive Corp.'s behalf. (j) If you have any questions about the Software, please visit our website at www.BoardActive.com. (k) You understand that by using any of our Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. (L)  The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (1) only as Commercial Items and (2) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

  1. Third Party Beneficiaries.

Please note that when accessing the BoardActive Network Internet / App Software you may also be subject to the terms of use of other third parties. You acknowledge that third party application marketplaces (including but not limited to the Apple App Store, the Google Android Marketplace, the Microsoft Windows Phone  Marketplace)  may be third party beneficiaries of this EULA and upon your acceptance of this EULA such stores or marketplaces may have the right to enforce this EULA against you as a third party beneficiary . You further acknowledge and agree that such parties are not parties to this EULA other than as third party beneficiaries and are not responsible for providing maintenance and support services with respect to the Software.

 

  1. LICENSED APPLICATION END USER LICENSE AGREEMENT

The Products transacted through the Service are licensed, not sold, to you for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of that separate license agreement. The licensor (“Application Provider”) reserves all rights not expressly granted to you. The Product that is subject to this license is referred to in this license as the “Licensed Application.”

Scope of License: This license granted to you for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any iPhone or iPad touch that you own or control and as permitted by the Usage Rules. Once payment is made in full or as agreed to BoardActive Corporation, This license allows You to use the Licensed Application for any iPad touch or iPhone, and You may distribute and make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If you breach this restriction, you may be subject to prosecution and financial damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. IN NO EVENT SHALL THE AUTHORS, OFFICERS, OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. ANY AND ALL CLAIMS AGAINST BOARDACTIVE CORPORATION, its OFFICERS, EMPLOYEES AND ASSOCIATES SHALL BE SETTLED BY ARBITRATION IN THE STATE OF GEORGIA.

  1. CHARGES FOR SERVICES;

Each account shall be charged an amount for services and software usage on a per contact / contract account basis. These charges will be paid in full or as agreed in writing prior to an account being established. Said contracts shall be specific for software / APP usage. Data charges may apply for overages per APP Address or Advertiser overage. Each account will have a set data allowance for advertising space per Outdoor Media company and will be charged on a separate contract / purchase order as specified by a BoardActive representative.  

  1.          Software Questions, Comments, and Contact Information.
  1. Any and all endorsements used by Outdoor Media and or any Advertisers - whether paid or not - their images, pictures, photos, videos, data, and all other documentation used to promote a product or presentation from advertiser or outdoor media companies, shall be the responsibility of outdoor media and or their advertisers. BoardActive Corporation nor any associates of BoardActive Corporation, shall not be responsible for a financial responsibility for payments of any kind to celebrity, institution, or any other person or entity for any documentation/ images used by outdoor media and advertisers using our Software/APP for promotional and or advertising purposes.

Our Software is John Proof Certified.

If you have any questions, complaints and/or claims, you may contact BoardActive Corporation at BoardActive Corporation
 P O Box 353
Douglasville GA. 30133
E-mail: support@BoardActive.com    
Last updated: May 3, 2016