End User License Agreement (EULA), Trademarks and Copyright, Website and Email Hosting Terms of Service



Unified Marketplace Software EULA

THIS AGREEMENT ("Agreement") is between the Unified Marketplace user ("Client") and Soveryn Inc (Soveryn). This agreement governs the Client's use of Unified Marketplace software, software services, media, databases, components, improvements, add-ons, upgrades, winforms, webpages, webservices, printed materials, and electronic documentation whether modified or created to specification or not ("Software"). By installing, clicking on, and/or using this Software or any part of this Software, Client agrees to be bound by the terms of this Agreement.

LICENSE: This Agreement grants Client a nonexclusive license to use the Software as specified herein. Client may not sell, rent, assign, or lease the Software or any of its components. Client may not reverse engineer, decompile, modify, or disassemble the Software in whole or in part. The Software's component parts may not be separated from the Software. Client is not licensed to hold, copy, move, or possess databases, source code, data-models, stored procedures, data dictionaries, database objects, code behind pages, server executables, or any other software componant.

OWNERSHIP: The Software is licensed, not sold (whether modified to specification or not). The Software and its components are owned by Soveryn, who retains all right, title, and interest in the Software or their respective components, and all copies thereof, and are therefore protected by United States patent and copyright laws and international treaty provisions. Client shall treat the Software like any other patented and/or copyrighted material. Client shall not remove, modify, or alter any patent, copyright, or trademark notice from any part of the Software. All rights not specifically granted under this Agreement are reserved by Soveryn.

NO WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOVERYN DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. SOVERYN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET CLIENT'S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, SOVERYN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOVERYN, AN AUTHORIZED SOVERYN REPRESENTATIVE, OR THIRD PARTY LICENSEE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE CLIENT.

LIMITS OF LIABILITY AND INDEMNIFICATION: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOVERYN BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER ECONOMIC LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SOVERYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SOVERYN, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY CLAIM OR THIRD PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SOFTWARE, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE.

APPLICABLE LAW: The laws of the State of Indiana shall govern the interpretation of this Agreement and any dispute relating to it. Client agrees to the sole jurisdiction and venue of the courts located in the County of Hamilton, State of Indiana, USA.

EXPORT RESTRICTIONS: Client may not export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.

TERMINATION: Without limiting any of Soveryn other rights, Soveryn may terminate the license if Client fails to comply with the terms and conditions hereof. In such event, Client must destroy any and all copies of the Software. This license will terminate if client fails to pay required subscription, licensing, hosting (if hosting is provided), customization, or any other invoiced fees.

MISCELLANEOUS: This is the entire Agreement between Soveryn and Client relating to the Software and supersedes any purchase order, communication, advertising, or representation concerning the Software.

MODIFICATION OF TERMS: Soveryn shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting. Accordingly, we suggest that you check this periodically.



Trademark and Copyright Notices

Unified Marketplace is a trademark of Soveryn Inc. Soveryn Inc. owns the Unified Marketplace software and source code. Unfied Marketplace software and source is copyright 2005, Soveryn Inc. all rights reserved.



Website and Email Hosting terms of service

THIS AGREEMENT ("Agreement") is between you, the hosting client ("Client") and Unified Marketplace. This agreement governs the Client's use of Unified Marketplace website hosting, email hosting and related services ("Services"). By engaging or utilizing Unified Marketplace Services, Client agrees to be bound by the terms of this Agreement.

NO WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNIFIED MARKETPLACE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH RESPECT TO THE SERVICES AND ACCOMPANYING WRITTEN MATERIALS. UNIFIED MARKETPLACE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET CLIENT'S REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE CORRECTED. FURTHERMORE, UNIFIED MARKETPLACE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SERVICES IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UNIFIED MARKETPLACE, AN AUTHORIZED UNIFIED MARKETPLACE REPRESENTATIVE, OR THIRD PARTY LICENSEE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

LIMITS OF LIABILITY AND INDEMNIFICATION: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UNIFIED MARKETPLACE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER ECONOMIC LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES EVEN IF UNIFIED MARKETPLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Unified Marketplace, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY CLAIM OR THIRD PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE.

SERVICES LIMITATIONS: Client will not utilize Services for pornography, illegal content, or adult content. Client will not engage in excessive downloads, bandwidth, or file usage. Unified Marketplace may throttle bandwidth or terminate services for abusive bandwidth usage or file size usage. Streaming video/audio content may result in throttled bandwidth or termination of services.

APPLICABLE LAW: The laws of the State of Indiana shall govern the interpretation of this Agreement and any dispute relating to it. Client agrees to the sole jurisdiction and venue of the courts located in the County of Hamilton, State of Indiana, USA.

TERMINATION: Without limiting any of Unified Marketplace other rights, Unified Marketplace may terminate Services if Client fails to comply with the terms and conditions hereof. All Services will terminate if client fails to pay required or invoiced fees.

MISCELLANEOUS: This is the entire Agreement between Unified Marketplace and Client relating to Services and supersedes any purchase order, communication, advertising, or representation concerning the services.

MODIFICATION OF TERMS: Unified Marketplace shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting. Accordingly, we suggest that you check this periodically.