END USER LICENSE AGREEMENT (‘EULA’): Your use and that of your organization and its officers, employees, and agents (collectively “You” or “Your”) of any software, software as a service or other subscription, application or program (“Software”) provided by Front2Fund, LLC. or its affiliates (“Front2Fund”) and any user interfaces, descriptions, data, and/or any other information in any media or form whatsoever including user manuals or other documentation, drawings, specifications, certifications, tests and test results, catalogues and other promotional materials, data, images, sound recordings, multi-media and other presentations or materials (“Information”) which you may access in or using the Software is subject to the following terms and conditions (collectively “Terms and Conditions”). Please carefully read these Terms and Conditions and indicate your acceptance below. If You do not wish to accept these Terms and Conditions, You are not permitted to use the Software or the Information.
FRONT2FUND PROVIDES THE SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM.
Terms and Conditions
1. Grant of License. Font2Fund hereby grants to You the end user, subject to Your strict compliance with these Terms and Conditions, a personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and limited license to use the Software and Information for Your own internal use, solely in accordance with these Terms and Conditions, and only for the purpose of conducting business with Font2Fund. Any reproduction or redistribution of the Software not in accordance with these Terms and Conditions is expressly prohibited. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE OR INFORMATION TO ANY OTHER SERVER OR LOCATION OR MEDIA FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
2. The Software and Information may be updated, obsoleted, or otherwise changed by Front2Fund at any time without notice, and You are solely responsible for maintaining the Software and Information current in Your permitted uses thereof.
3. Copyright. The Software and Information are protected by copyright, and are owned exclusively by Font2Fund. Nothing in these Terms and Conditions constitutes a waiver of Font2Fund’s rights under U.S. or international copyright laws or any other international, federal or state law. Font2Fund retains all rights not expressly granted under these Terms and Conditions.
4. Ownership. Except for any portions of the Software or Information owned or controlled by Font2Fund’s third party licensors, Font2Fund retains the ownership of the Software and Information, and any and all copies thereof. In no event shall You obtain any greater right in and to the Software and Information than a right in the nature of a license limited to the use thereof subject to compliance with all of these Terms and Conditions. As to any Open Source Software or other portions of the Software or Information owned or controlled by Font2Fund’s third party licensors, such portions may be subject to terms separate from or in addition to these Terms and Conditions. Any such terms are transferred rather than sublicensed to You. A copy any such terms may be appended to these terms and Conditions.
5. Prohibited Uses. You may not, without the prior, written permission of Font2Fund:
(a) Use the Software and Information except as set out in these Terms and Conditions;
(b) Use, copy, modify, or merge copies of all or any part of the Software and Information;
(c) Reverse engineer, disassemble, reverse translate, decrypt, or in any manner decode any part of the Software and Information;
(d) Distribute, sell, license, assign, rent, sublicense, lease or otherwise transfer in any way all or any part of the Software and Information; or
(e) Remove, delete, alter, or obscure any trademarks, copyright, proprietary notices, labels, or other markings on, in, or from the Software and Information.
6. Term. This license and Your right to use the Software and Information shall automatically terminate if You fail to comply with any of these Terms and Conditions. Font2Fund may at any time, without prior cause or notice, and in its sole discretion: (a) modify, update, obsolete, revise, alter, change, withdraw, or cancel the Software and Information or any module or other functionality thereof; (b) terminate the license herein granted and/or Your use of or access to the Software and Information or any module or functionality thereof; and/or (c) modify these Terms and Conditions and/or the terms and conditions of Your use of or access to the Software and Information or any module or functionality thereof. The Software and Information shall be removed from Your systems and devices, and any access thereof shall be immediately terminated upon termination of the license herein granted regardless of which party is the terminating party.
7. WARRANTY DISCLAIMER. THE SOFTWARE AND INFORMATION, AND ANY RESULTS OR OUTPUT THEREOF, ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FRONT2FUND DOES NOT WARRANT THAT THE SOFTWARE AND INFORMATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INACCURACIES OR ERRORS IN, OR FAILURES OF, THE SOFTWARE AND INFORMATION WILL BE CORRECTED, AND FRONT2FUND SHALL HAVE NO OBLIGATION TO CORRECT ANY SUCH INACCURACIES, ERRORS, OR FAILURES OR TO UPDATE OR OTHERWISE MAINTAIN THE SOFTWARE AND INFORMATION.
8. Data; Feedback. You grant to Front2Fund a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (i) use, reproduce, backup, store, transfer, maintain, copy, sublicense, adapt, transmit, retransmit, distribute and/or publicly perform or display any and all data and feedback provided or generated by You in connection with the Software, or collected, processed, compiled, or generated by the Software for improving and enhancing the Software and for any other commercial, noncommercial or other lawful purpose; and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to any such feedback and data. Front2Fund accepts no obligation for maintaining the confidentiality of any such feedback or data. You warrant that You have the right to license use of such data and feedback to Front2Fund, that such data and feedback do not infringe or otherwise violate any patent, trade secret, copyright, right of publicity or privacy, moral right, or other intellectual or proprietary right of any third party, and that such data and feedback are not subject to any license terms that would require Front2Fund to comply with any additional obligations with respect to any product or service that incorporates such data or feedback.
9. Assignment. You may not sublicense, assign, or transfer the license herein granted or the Software or Information. Any attempt otherwise to sublicense, assign, or transfer any of the same or rights hereunder shall be null and void.
10. Governing Law. This EULA shall be governed by the laws of the State of California, USA without regard to its conflict of laws rules or principles.
11. Acceptance. Your use of the Software and Information is conditional upon Your acceptance of these Terms and Conditions. If You do not wish to accept these Terms and Conditions, You are not permitted to use the Software or Information. In such event, please return the Software and Information to Front2Fund at P.O. Box 6517, Ventura, CA 93006.