Terms of Service and End User License Agreement
Our End User License Agreement governs downloadable software like the Be Heard mobile app and Chrome extension. (Click the link to jump to that part of the page.)
Terms of Service
Last updated: April 26, 2020

These Terms of Service ("Terms") are binding between Unum ID, Inc. ("Be Heard", "we", or "us") and you. These Terms govern your access and use of the Be Heard browser extension that allows you to share your social media posts with your representatives in government (the "Extension") and the Be Heard website at https://www.WeShouldBeHeard.org/ ("Site") (collectively "Be Heard Services"). The Extension is licensed, not sold to you.

The Be Heard Services are offered and available to users who are 13 years of age or older and reside in the United States. By using the Be Heard Services, you represent and warrant that you are of legal age to form a binding contract with Be Heard or, if you are not of legal age to accept these Terms in your jurisdiction, you affirm that your legal guardian is agreeing to these Terms on your behalf. You or your legal guardian must accept these Terms to create a login ID for the Be Heard Services. If you do not have a login ID, you or your legal guardian (as applicable) accepts these Terms by visiting the Site. If you do not meet all of these requirements, you must not access or use the Be Heard Services.

PLEASE READ THE TERMS OF THESE TERMS CAREFULLY. BY CLICKING THE "AGREE" BUTTON, YOU ACKNOWLEDGE THAT YOU OR YOUR LEGAL GUARDIAN HAVE READ, UNDERSTAND, AND AGREE TO ALL TERMS, CONDITIONS, AND NOTICES IN THESE TERMS, INCLUDING THE BE HEARD PRIVACY POLICY LOCATED AT www.WeShouldBeHeard.org/privacy-policy.html. IF YOU OR YOUR GUARDIAN DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, DO NOT INSTALL OR USE THE BE HEARD SERVICES.

  1. License Grant. Subject to the terms and conditions of these Terms, Be Heard grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to download, install, execute, and use the Extension to post on websites or services.
  2. Be Heard login ID. In order to access and use the Extension you must create and register a login ID. By registering a login ID, you agree to provide and maintain up to date information that is true, accurate, and complete. You agree that you will not: (a) create a login ID using a false identity or information; or (b) create a login ID or use the Be Heard Services if you have been previously removed or banned by us from using the Be Heard Services. We reserve the right to deactivate your login ID, prohibit your use of the Be Heard Services or terminate these Terms, at our sole discretion, at any time with or without notice or liability to you, if you violate these Terms or the terms and conditions of any third party websites or services. You are solely responsible for any activity originating from your login ID, regardless of whether such activity is authorized by you. You agree to notify us immediately of any unauthorized use of your login ID.
  3. License Restrictions. You shall not, directly or indirectly, in whole or in part:
    1. copy the Extension, except for downloading the Extension from an authorized distribution channel onto your device and execute the Extension as authorized under the license granted in Section 1;
    2. modify, or create derivative works based upon, the Be Heard Services (or any component thereof, including without limitation associated technology);
    3. cause or permit any reverse engineering, decompilation, modification, translation or disassembly of the Be Heard Services;
    4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Be Heard Services, including any copy thereof;
    5. rent, lease, sell, lend, sublicense, distribute, disclose, publish, assign or otherwise transfer the Extension, any rights in the Extension, or any features or functionality of the Be Heard Services, to any third party for any reason, including making the Be Heard Services available on a network that is capable of being accessed by more than one device at any time without Be Heard’s prior written consent;
    6. take any action or omit to act in any way that would interfere with or disrupt the integrity or performance of the Be Heard Services, or adversely affects Be Heard’s right, title or interest in or to the Be Heard Services;
    7. use any robot, spider, or other automatic device, process, or means to access the Be Heard Services for any purpose, including monitoring or copying any of the material or content on or through the Be Heard Services;
    8. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Be Heard Services or any server, computer, or database connected to the Be Heard Services; or
    9. otherwise attempt to interfere with the proper working of the Be Heard Services.
  4. Reservation of Rights. You acknowledge and agree that the Be Heard Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Be Heard Services, the underlying software code, or any other associated technology or content under these Terms, or any other rights thereto other than to use the Be Heard Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Be Heard and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Be Heard Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
  5. User Content. The Extension allows users to post, submit, publish, display, or transmit to other websites and services ("post") content or materials (collectively, "User Content") on or through the Extension. You should only provide User Content that you are comfortable sharing with others. All User Content must comply with the License restrictions and Prohibited Uses set out in these Terms. Any User Content you post to on or through the Extension will be considered non-confidential and non-proprietary. By providing any User Content on or through the Extension, you grant us our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Content. You represent and warrant that:
    1. You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our service providers and each of their and our licensees, successors, and assigns.
    2. All of your User Content does and will comply with these Terms.

    You understand and acknowledge that you are responsible for any User Content you post, and you, not Be Heard, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Be Heard Services.

  6. Prohibited Uses. You shall not use the Extension to:
    1. engage in abusive behavior including behavior that harasses (including using the Be Heard Services to repeatedly post unwanted User Content) or intimidates others;
    2. engage in behavior that threatens violence or physical harm, or promotes violence or hate against others;
    3. publish the private information of others without their express authorization or threaten to publish the private information of others;
    4. promote any illegal activity, or advocate, promote, or assist any unlawful act;
    5. give the impression that a post emanates from or are endorsed by us or any other person or entity, if this is not the case; or
    6. violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  7. Collection and Use of Your Information. Please review www.WeShouldBeHeard.org/privacy-policy.html for a description of how we may use any information we collect through the Be Heard Services. By downloading, installing, executing, or using the Extension or visiting the Site you consent to our practices and to all actions taken by us with respect to your information outlined in our Privacy Policy. Although we do our best to protect your information, when you use the Be Heard Services to communicate over Wi-Fi and cellular networks, you acknowledge that transmitting data over such networks is not 100% secure or free from risk of compromise.
  8. Changes to the Terms. We reserve the right to revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we notify you through the email associated with your login ID or through notification on the Site. Your continued use of the Be Heard Services following notification of a revised Terms means that you accept and agree to the changes. If you disagree with any changes to these Terms, your sole remedy is to discontinue your use of the Extension.
  9. Third Party Software. The Extension may contain third party software which requires notices and/or additional terms and conditions.  Such required third party software notices and/or additional terms and conditions can be reviewed at https://weshouldbeheard.org/open-source-dependencies.html and are made a part of and incorporated by reference into these Terms.  By accepting these Terms, you are also accepting such additional terms and conditions, if any, set forth therein. If you do not agree to such additional terms and conditions, you should not download, install, or use the Extension.  Certain items of independent, third-party code may be included in the Extension that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”).  Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software.  Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.  In particular, nothing in these Terms restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.
  10. Feedback. f you provide any suggestions, ideas, feedback, or recommendations to us regarding the Extension (collectively, "Feedback") then we may use such Feedback for any purpose, provided we will not associate such Feedback with you. So that we may incorporate Feedback into our products and services, you hereby grant Be Heard a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all intellectual property rights in and to the Feedback for any purpose and you hereby irrevocably and unconditionally grant such Feedback and all such rights to us free of charge. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Feedback.
  11. Term and Termination. The term of these Terms commences when you download the Extension or visit the Site and will continue in effect until terminated by you or Be Heard as set forth in this Section. You may terminate these Terms by discontinuing use of the Be Heard Services and deleting the Be Heard Services and all copies thereof. Be Heard may terminate these Terms at any time with or without notice. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms or the terms and conditions of any third party websites or services. Termination will not limit any of Be Heard's rights or remedies at law or in equity. Upon termination: (i) all rights granted to you under these Terms will also terminate; and (ii) you must cease all use of the Be Heard Services and delete all copies of the Be Heard Services. The following Sections shall survive any termination or expiration of these Terms: 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18.
  12. Third Party Claims and Indemnification. You agree to indemnify, defend, and hold harmless Be Heard and its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to: (a) your use or misuse of the Be Heard Services; (b) your breach of these Terms; or (c) your use or misuse of the Be Heard Services on third party websites or services. Be Heard reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Be Heard’s prior written consent.
  13. Limitation of Liability.
    1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BE HEARD OR ANY OF ITS LICENSORS OR SERVICE PROVIDERS HAVE ANY LIABILITY ARISING FROM OR RELATED TO THE BE HEARD SERVICES OR YOUR USE OF OR INABILITY TO USE THE BE HEARD SERVICES FOR ANY LOST PROFITS, LOST DATA, LOSS OF BUSINESS, GOODWILL OR REPUTATION, OR FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES OF ANY KIND, EVEN IF BE HEARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF BE HEARD ARISING FROM OR RELATED TO THESE TERMS OR THE BE HEARD SERVICES, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING TORT, CONTRACT, NEGLIGENCE AND STRICT LIABILITY, EXCEED $50. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
    3. YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE BARGAIN AND THAT IN THE ABSENCE OF SUCH LIMITATIONS, THE FINANCIAL AND OTHER TERMS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
  14. Warranty Disclaimer. THE BE HEARD SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BE HEARD, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THESE TERMS AND THE BE HEARD SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, Be Heard PROVIDES NO WARRANTY, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE BE HEARD SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, THAT THE BE HEARD SERVICES WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS. YOU ACKNOWLEDGE THAT BE HEARD’S LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS UNDER THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
  15. Governing Law. These Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Be Heard Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in Redwood City and San Mateo County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
  16. Severability. If any provision of these Terms are illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
  17. Time Limitation to Bring Claims. Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or the Be Heard Services, must be filed within one (1) year after such claim or cause of action arose, otherwise that claim or cause of action will be barred forever.
  18. Miscellaneous. You may not assign or otherwise transfer any of your rights hereunder without Be Heard’s prior written consent, and any such attempt is void. These Terms may be assigned or transferred by Be Heard without restriction. These Terms are binding upon and is for the benefit of the respective successors and permitted assigns of the parties hereto. The headings of Sections of these Terms are for convenience and are not to be used in interpreting these Terms. You agree that these Terms will not be construed against Be Heard by virtue of having drafted the Terms. As used in these Terms, the word "including" means "including but not limited to." Any failure by Be Heard to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The parties acknowledge and agree that a material breach of these Terms adversely affecting Be Heard’s proprietary rights would cause irreparable harm to Be Heard for which a remedy at law would be inadequate and that Be Heard shall be entitled to injunctive relief in addition to any remedies it may have hereunder or at law. These Terms are the complete agreement between Be Heard and you concerning your use of the Be Heard Services, and supersedes any and all prior agreements and representations between Be Heard and you related to the same subject matter. Unless otherwise specified herein, all notices, invoices and other communications required or permitted to be given or made hereunder shall be in writing and: (a) if to Be Heard, delivered personally or sent by pre-paid, first class certified or registered mail, return receipt requested or by overnight courier, to 531 Lasuen Mall, PO Box 12016, Stanford CA 94309; or (b) if to you, by email, or by pre-paid, first class certified or registered mail, return receipt requested or by overnight courier to your home address associated with your login ID.
  19. Contact. If you have any questions regarding the Be Heard Services or these Terms, please contact us at Contact@UnumID.org.
End User License Agreement
Last updated: April 25, 2020

IMPORTANT – PLEASE READ CAREFULLY THE TERMS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN UNUM ID, INC. (“COMPANY”) AND YOU FOR THE ACCOMPANYING SOFTWARE PRODUCT, WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED “ONLINE” OR ELECTRONIC DOCUMENTATION (THE “LICENSED SOFTWARE”). BY CLICKING ON THE “I AGREE” BUTTON, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT AND (2) YOU REPRESENT THAT YOU HAVE SUFFICIENT LEGAL CAPACITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” AND “YOUR” SHALL REFER TO SUCH COMPANY OR ENTITY. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF YOU DO NOT HAVE SUCH AUTHORITY, YOU SHOULD CLICK ON THE “CANCEL” BUTTON TO DISCONTINUE THE DOWNLOAD OF THE LICENSED SOFTWARE.

  1. License. Subject to the terms and conditions of this Agreement, Company grants you a nontransferable, nonexclusive, royalty-free, and revocable limited license (without the right to sublicense) to install, use, execute and display the Licensed Software, in executable object code format only, solely for your own personal, non-commercial use on a single mobile device owned or otherwise controlled by you. Your acceptance of the release in Section 5 is preconditioned to the exercise of this license.
  2. Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Licensed Software or make the Licensed Software available to any third party; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Licensed Software; (c) you shall not access the Licensed Software in order to build a similar or competitive product or service; (d) except as expressly stated herein, no part of the Licensed Software may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means; and (e) any future release, update, or other addition to functionality of the Licensed Software shall be subject to the terms of this Agreement, unless Company expressly states otherwise. Neither Company nor any of its suppliers is obligated to provide any services, updates or upgrades to the Licensed Software. You shall not remove any copyright or other proprietary rights notices in the Licensed Software and all copies thereof.
  3. Ownership. All right, title, and interest, including all intellectual property rights, in and to the Licensed Software (including any and all copies thereof) shall be owned and retained by Company or its suppliers. Any rights not expressly granted by Company in the Agreement are reserved. You acknowledge that you acquire no ownership interest or implied license in the Licensed Software.
  4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Licensed Software, Company may use automatic means (including, for example, cookies and web beacons) to collect information about you, your device and about your use of the Licensed Software. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Licensed Software or certain of its features or functionality. All information we collect through or in connection with Licensed Software is subject to our privacy policy found at https://weshouldbeheard.org/privacy-policy.html (“Company Privacy Policy”). You acknowledge that in order to provide the features or functionality of the Licensed Software, the Company must share information about you with the third parties you choose to message within the software (“Recipients”). After the Company shares your information with the Recipients, the manner in which your information is treated by these third parties is determined by their respective privacy policy and data security practices. By downloading, installing, using, and providing information to or through Licensed Software, you consent to all actions taken by Company with respect to your information in compliance with this Agreement, including the Company Privacy Policy and you acknowledge that the third party is not processing your information on our behalf. By using the Licensed Software with the Recipients you select, you are authorizing Company to share your personal information with the respective third party and your consenting to such third party’s data privacy and security practices.
  5. Release by You. You hereby release and absolutely discharge Company, its affiliates, subsidiaries, and its and their respective officers, directors, agents, representatives, shareholders, and employees of and from any and all claims, demands, damages, debts, liabilities, accounts, reckonings, obligations, costs, expenses, liens, attorneys’ fees, actions and causes of action of every kind and nature whatever, arising out of or related to any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal information transmitted, stored or otherwise processed by a Recipient. With respect to such release, you further waive all rights under Section 1542 of the California Civil Code, and any law or legal principle of similar effect in any jurisdiction, as such rights that may relate to the releases in this section. Section 1542 of the California Civil Code, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
  6. DISCLAIMER OF WARRANTIES. THE LICENSED SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN “AS-IS” BASIS. COMPANY PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE LICENSED SOFTWARE. COMPANY AND ITS SUPPLIERS DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES RELATING TO THE LICENSED SOFTWARE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LICENSED SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DOWNLOAD OR THE MINIMUM WARRANTY PERIOD REQUIRED BY APPLICABLE LAW.
  7. LIMITATION OF REMEDIES AND DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF REVENUES AND LOSS OF PROFITS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR THE AMOUNT PAID BY YOU FOR THE LICENSED SOFTWARE THAT CAUSED SUCH DAMAGE. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
  8. Basis of Bargain. The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between Company and you. Company would not be able to provide the Licensed Software on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Company’s suppliers.
  9. Term and Termination. This Agreement and the licenses granted hereunder are effective on the date you download the Licensed Software and shall continue unless and until this Agreement is terminated by either party pursuant to this section. Company reserves the right to suspend or terminate this Agreement, your use of functionality of the Licensed Software, with or without cause, at any time, with or without notice. You may terminate this Agreement at any time, with or without cause, by discontinuing use of the Licensed Software and de-installing the Licensed Software from any and all devices owned or controlled by you. Upon termination, the following Sections of this Agreement will survive termination and remain in effect: 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, and 13.
  10. Modifications. Company reserves the right to change the terms and conditions of this Agreement or its policies relating to the Licensed Software at any time. We will notify you of any material changes to this Agreement by sending you an e-mail to the last e-mail address you provided to us or by prominently posting notice of the changes on our website. Any material changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our website. These changes will be effective immediately for new users of our Licensed Software. Please note that at all times you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not agree with the changes to this Agreement, you must notify us prior to the effective date of the changes that you wish to terminate your license to the Licensed Software. Continued use of the Licensed Software, following notice of such changes, shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
  11. Third Party Software. The Licensed Software may contain third party software which requires notices and/or additional terms and conditions.  Such required third party software notices and/or additional terms and conditions can be reviewed at https://weshouldbeheard.org/open-source-dependencies.html and are made a part of and incorporated by reference into this Agreement.  By accepting this Agreement, you are also accepting such additional terms and conditions, if any, set forth therein. If you do not agree to such additional terms and conditions, you should not download, install, or use the Licensed Software.  Certain items of independent, third-party code may be included in the Licensed Software that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”).  Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software.  Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.  In particular, nothing in this Agreement restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.
  12. Export. The Licensed Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations. You will indemnify and hold Company harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section. Your obligations under this section shall survive the expiration or termination of this Agreement.
  13. Miscellaneous. Neither the rights nor the obligations arising under this Agreement are assignable by you, and any such attempted assignment or transfer shall be void and without effect. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States without regard to the conflict of laws provisions therein that would require application of the laws of another jurisdiction. Any action under or relating to this Agreement shall be brought solely in the state and federal courts located in California, with sole venue in the courts located in Santa Clara County and each party hereby submits to the personal jurisdiction of such courts, except that Company may seek relief in any court of competent jurisdiction to protect or enforce its intellectual property and proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. In the event that any provision of this Agreement is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. Any notice to you may be provided by email. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly canceled. Except as otherwise expressly provided in this Agreement, any modifications of this Agreement must be in writing and agreed to by both parties.
  14. QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this Agreement, or wish to obtain additional information, please send an email to Contact@UnumID.org.