They must comply with all applicable U.S. and international export and re-export laws, including U.S. Export Administration regulations, as well as end-user restrictions, end-uses and targets imposed by U.S. and other governments. Without departing from the universality of the above, you guarantee, guarantee and commit that: (i) you are not part of the rejected list, the unverified list, the entity list, the special list of nationals, the blocked list or other lists published by the United States government; and (ii) do not use, export or export a solution in or in regions, destinations, businesses or individuals that violate EMBARGOs or US and EU trade sanctions. You will keep any Member of the Vendor Group unscathed by and against any claim, claim, claim or procedure as well as any damage, liability, cost and expense resulting from your non-compliance with this Section 10. Using products and/or software and adding unique identifiers (such as username, the role and email address) of the users you have logged into your account (including the above information) you confirm that you have received and provided the information and data about those users that you have collected and provided in this way, with the full and unconditional consent of the owners of this data and with an understanding of the extent and purpose of the use. For this reason, liability limitation is one of the most important clauses to include in your end-user license agreement. It will limit the amount and nature of damage that one party can recover from another party. It will also let users know that you are not responsible for the damage caused by using your app, such as damage to the device or data on which the application is running. The applicability of an AEA depends on several factors, one of which is the court where the case is being tried. Some courts that have considered the validity of The Shrinkwrap Licensing Agreements have invalidated some EULA and have characterized them as liability contracts that are unacceptable and/or unacceptable according to the U.C.C – see z.B. Step-Saver Data Systems, Inc.

v. Wyse Technology,[6] Vault Corp. v. Quaid Software Ltd. [7] Other courts have found that the Shrinkwrap licensing agreement is valid and enforceable: cf. ProCD, Inc. v. Zeidenberg,[8] Microsoft v. Harmony Computers,[9] v. Novell Network Trade Center,[10] and Ariz. Cartridge Remanufacturers Ass`n v.

Lexmark Int`l, Inc.[11] may also have acidic supports. No court has ruled on the validity of EU A in general; Decisions are limited to certain provisions and conditions. The term narrow wrap license commonly refers to any software licensing agreement that is included in software and is not accessible to the customer until after purchase. As a general rule, the license agreement is printed on paper contained in the boxed software. It can also be displayed on the screen during the user`s installation, in which case the license is sometimes called the Click-Wrap license. The client`s inability to verify the license agreement prior to the purchase of the software has led to the absence of legal difficulties in some cases. 5.1.5, with the exception of the expressly authorized agreement (including Sections 13.2, 13.5 and 13.7), the applicable conditions or any other agreement between you and the supplier`s supplier or another member of the Vendor Group, use a solution to manage a third party`s facilities or to grant third parties access or use of a solution in a service office, timeshare, subscription service or application provider or other similar basis. Of course, as a software manufacturer, it is very important that you remain your responsibility.