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132 lines
7.6 KiB
132 lines
7.6 KiB
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ODESK TEAM LICENSE AGREEMENT
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This License Agreement is a legal agreement between the User (an
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individual or an entity) and oDesk Corp. for (a) the Software Product
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identified above, which includes computer software and electronic
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documentation, and (b) the Service provided by oDesk web-site and web
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services. The User should carefully read the following terms and
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conditions before using the Software Product.
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The Software Product is licensed, not sold. The Software Product is
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protected by copyright laws and international copyright treaties, as well as
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other intellectual property laws and treaties. By installing, copying, or
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otherwise using the Software Product, the User is agreeing to be bound
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by the terms of this Agreement. If the User does not agree to the terms
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of this Agreement, the User is not authorized to use the Software
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Product or the Service.
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1. GRANT OF LICENSE. oDesk grants the User the non-exclusive right to
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install and use the Software Product on a computer system. The Software
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Product can only be used in conjunction with an oDesk Team Online
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Account with a valid license to access the Service.
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2. ACCESS TO DATA. Subject to the terms of this Agreement, the User
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grants to oDesk the non-exclusive, worldwide, right to use, copy, store,
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transmit and display data submitted by the User to the Service (User
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Data or Content) solely to the extent necessary to provide the Service as
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requested by User. All User Data shall remain the sole property of
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User, unless specifically notified in advance. User, not oDesk,
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shall have sole responsibility for the accuracy, quality, integrity,
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legality, reliability, appropriateness and copyright of all User Data
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and oDesk shall not be responsible or liable for the deletion, correction,
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destruction, damage, loss or failure to store any Data. oDesk will not
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monitor, edit, or disclose the contents of a user's collected data, except
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that you agree that oDesk may do so: (a) if required by law; (b) to comply
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with legal process; (c) to enforce this Agreement and any applicable
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Guidelines, Rules, or Service-specific Terms of Service; (d) to respond to
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claims that any Content violates the rights of third-parties; or (e) to
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protect the rights, property, or personal safety of oDesk, its employees,
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users and the public. oDesk may remove or disclose collected data on the
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Service for the same reasons.
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3. PRIVACY. oDesk's privacy statement may be viewed at
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http://team.odesk.com/html/privacy_statement.html. oDesk reserves the right
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to modify its privacy and security policies in its reasonable discretion
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from time to time.
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4. RESTRICTIONS. (A) The User must comply with all applicable laws
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regarding the use of the Software Product and the Service. (B) The User
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may not reverse engineer, decompile, or disassemble the Software Product or
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the Service, or access the Service in order to build a competitive product
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or service or copy any ideas, features, functions or graphics of the
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Software Product or the Service. (C) The User may not rent or lease the
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Software Product or copy, license, sell, transfer, make available,
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distribute, or assign this license or the Content to any third-party. (D)
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The User may not distribute copies of the activated Software Product to
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third parties. (E) The User is permitted to store, manipulate, analyze,
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reformat, print, and display the Content only for his internal business use.
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Unauthorized use, resale or commercial exploitation of the Software Product,
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the Service and/or the Content in any way is expressly prohibited. (F) The
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User shall not create Internet "links" to the Service or "frame" or
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"mirror" any Content contained on, or accessible from, the Service on any
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other server or Internet-based device. (G) The User accepts oDesk's
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right to audit the User compliance with this agreement by monitoring
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computer and product usage.
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5. TERMINATION. oDesk may terminate this license agreement if the User
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fails to comply with the terms and conditions of this license agreement. In
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such event, the User must destroy all copies of the Software Product.
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6. NO WARRANTY. Any use of the Software Product is at the User's own
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risk. To the maximum extent permitted by applicable law, oDesk and its
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suppliers disclaim all warranties and conditions, either express or implied,
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including, but not limited to, implied warranties of merchantability,
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fitness for a particular purpose, and non-infringement.
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7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted
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by applicable law, in no event shall oDesk or its suppliers be liable for
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any special, incidental, indirect, or consequential damages whatsoever
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(including, without limitation, damages for loss of business profits,
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business interruption, loss of business information, or any other pecuniary
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loss) arising out of the use of or inability to use the Software Product,
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even if oDesk has been advised of the possibility of such damages.
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8. LIMITATION OF LIABILITY. oDesk's entire liability and the User's
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exclusive remedy under this License Agreement shall not exceed the
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User's purchase price.
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9. LOCAL LAWS AND EXPORT CONTROL. This Software Product is subject to United
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States export controls administered by the U.S. Department of Commerce, the
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United States Department of Treasury Office of Foreign Assets Control, and
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other U.S. agencies and the export control regulations of the European
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Union. The User acknowledges and agrees that the Software Product shall
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not be used, and none of the underlying information, software, or technology
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may be transferred or otherwise exported or re-exported to Afghanistan,
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Burma, Cuba, Iraq, Iran, Libya, Sudan, or any other countries to which the
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United States and/or the European Union maintains an embargo (collectively,
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"Embargoed Countries"), or to or by a national or resident thereof, or any
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person or entity on the U.S. Department of Treasury's List of Specially
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Designated Nationals or the U.S. Department of Commerce's Table of Denial
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Orders (collectively, "Designated Nationals"). The lists of Embargoed
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Countries and Designated Nationals are subject to change without notice. By
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using this Software Product, the User represents and warrants that it is
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not located in, under the control of, or a national or resident of an
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Embargoed Country or Designated National. The User agrees to comply
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strictly with all U.S. and European Union export laws and assumes sole
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responsibility for obtaining licenses to export or re-export as may be
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required. This Software Product may use encryption technology that is
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subject to licensing requirements under the U.S. Export Administration
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Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No.
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1334/2000
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oDesk and its licensors make no representation that the Service is
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appropriate or available for use in other locations. If User uses the
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Service from outside the United States of America and/or the European Union,
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User is solely responsible for compliance with all applicable laws,
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including without limitation export and import regulations of other
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countries. Any diversion of the Content contrary to United States or
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European Union (including European Union Member States) law is prohibited.
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None of the Content, nor any information acquired through the use of the
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Service, is or will be used for nuclear activities, chemical or biological
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weapons, or missile projects, unless specifically authorized by the United
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States Government or appropriate European body for such purposes.
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Contact Information
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If you have questions regarding this License Agreement, please contact our
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User Support by email at support@odesk.com, by telephone at (650) 853-4100,
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fax at (650) 853-4101 or postal mail at oDesk Corporation, oDesk Corporation
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4200 Bohannon Drive Menlo Park, CA 94025 U.S.A.
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