Minnesota Home Guys, LLC END USER LICENSE AGREEMENT THIS IS AN AGREEMENT MADE BY AND BETWEEN YOU AND Minnesota Home Guys, LLC CONCERNING YOUR USE OF THE Minnesota Home Guys, LLC APPLICATION (THE “APPLICATION”). PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APPLICATION, AND YOU MUST UNINSTALL THE APPLICATION FROM ANY DEVICE OWNED OR CONTROLLED BY YOU.
License. Subject to your compliance in all material respects with the terms and conditions of this Agreement, Minnesota Home Guys, LLC grants you a restricted, non-exclusive, non-transferable, revocable license to install and use the Application, in machine executable object code form only.
Restrictions. You may not reverse engineer, disassemble, decompile or translate the Application, or otherwise attempt to derive the source code, structural framework or the data records of the Application, or authorize any third party to do any of the foregoing.
Ownership. Minnesota Home Guys, LLC or its licensors and suppliers own all rights, title and interest in the Application (including, but not limited to, all copyrights, patents, patent applications, trade secrets, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other materials incorporated within the Application), and the Application is protected by U.S. and international copyright and other intellectual property laws and treaties. The Application is licensed, not sold, to you for use only under the terms and conditions of this Agreement. Minnesota Home Guys, LLC reserves all rights not expressly granted to you.
Suggestions. If you elect to provide or make available to Minnesota Home Guys, LLC any suggestions, comments, ideas, improvements or other feedback concerning the Application (collectively, “Suggestions”), Minnesota Home Guys, LLC shall be free to use, disclose, reproduce, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you.
NO WARRANTY. THE APPLICATION IS PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS.” Minnesota Home Guys, LLC AND ITS MEMBERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS: (A) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR NON- INFRINGEMENT OF THE APPLICATION AND ITS CONTENTS OR THAT YOUR USE OF THE APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS; AND (B) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER Minnesota Home Guys, LLC NOR ITS MEMBERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION COSTS, LOSS OF BUSINESS INFORMATION OR OTHER DAMAGES ATTRIBUTABLE TO OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF Minnesota Home Guys, LLC OR ITS MEMBERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL Minnesota Home Guys, LLC ’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO Minnesota Home Guys, LLC FOR USE OF THE APPLICATION AND THE ASSOCIATED SERVICES DURING ANY ONE MONTH.
Indemnification. You agree to indemnify and hold Minnesota Home Guys, LLC and its members, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any rights of another party.
Payment to third-party. Minnesota Home Guys, LLC is not connected to, nor responsible for the operations of any tollway. Minnesota Home Guys, LLC is not responsible for any modifications or changes in the tollways, including but not limited to closures, charges, fees, or fines. All payments, fees, fines, violations, and the like are your responsibility. You are responsible for submitting any payment to the appropriate authority within the guidelines set forth by that authority.
Termination. This Agreement is effective until terminated by you or Minnesota Home Guys, LLC . Your rights under this Agreement shall terminate automatically without notice from Minnesota Home Guys, LLC if you violate any of the terms of this Agreement. Upon termination of this Agreement, all license rights granted to you shall immediately terminate, but all other provisions of this Agreement shall survive termination.
Links. The Application or third parties may provide links to other websites or resources. Because Minnesota Home Guys, LLC has no control over such sites and resources, you acknowledge and agree that Minnesota Home Guys, LLC is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources.
Changes to Application. Minnesota Home Guys, LLC reserves the right to modify or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
General. (a) This Agreement and your relationship with Minnesota Home Guys, LLC under the Agreement shall be governed by the laws of the State of Minnesota. (b) If any provision of this Agreement shall be held to be invalid or unenforceable under applicable law, then such provision shall not in any way affect the remaining parts of this Agreement. (c) This Agreement constitutes the complete and exclusive statement of the agreement between Minnesota Home Guys, LLC and you with respect to the subject matter hereof and supersedes any proposal or prior or contemporaneous agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement.