PLEASE READ THESE TERMS OF SERVICE (THE "AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY SHOOTMYAPP ("COMPANY"). YOUR USE OF THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. BY CLICKING THE "SUBMIT" (OR SIMILAR) BUTTON, OR BY USING THE SERVICES IN ANY MANNER (AS APPLICABLE) (I) YOU OR THE ENTITY YOU REPRESENT ("CUSTOMER" OR "YOU") AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS, AND YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND CUSTOMER.
1. Use of Services
Restrictions. During the Term (as defined below) and subject to compliance with the provisions of this Agreement, Company grants to Customer a personal, nonsublicensable, nonexclusive license to access the Company services used or ordered by Customer (the "Services") solely in accordance with the documentation supplied by Company, solely for Customer's internal business purposes. Customer's use of the Services shall be subject to any additional limitations (e.g., maximum number of seats, developers, or instances) which are set forth on the Services, and Customers use of any paid portion of the Services shall be subject to the payment of all applicable fees. Any documentation or underlying software obtained by Customer in connection with Services (including, without limitation, the Company SDK) is deemed to be a part of Services and is subject to all the disclaimers, limitation and restrictions herein relating to the Services. Customer shall not: (i) reproduce, modify, translate, or create derivative works of the Services, any underlying ideas, technology, or related software, or any portion thereof; (ii) copy, rent, sell, lease, distribute, publish, circulate, disseminate, pledge, assign, or otherwise transfer, encumber rights to, or allow access to the Services or any part thereof, or provide on a service bureau basis, use or seek to commercially exploit any of the foregoing for the benefit of any third party; (iii) reverse assemble, reverse compile or reverse engineer any software related to the Services, or otherwise attempt to discover any such software source code, object code, or underlying Proprietary Information (as defined below), except to the extent that such restriction is prohibited by applicable law; (iv) access (or attempt to access) the Services in any unauthorized manner or attempt to circumvent any access controls on the Service or any component or feature thereof; or (v) remove or otherwise alter any proprietary notices or labels from the Services or any portion thereof. Customer represents and warrants that its use of the Services will be in compliance with all applicable laws and regulations.
Company reserves the right, at its sole discretion, to modify or replace this Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Services or by sending you an email. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.
3. Security Support
Company shall use reasonable commercial efforts to maintain the security and integrity of the Services; Notwithstanding anything to the contrary, Company's obligations under this section shall not apply during any Trial Period (as defined below). Company shall have the right (but not the obligation) to modify, update, upgrade or extend the Services (including, without limitation, for the purposes of adding feature and functionality, or enhancing security or usability).