TERMS OF SERVICE AGREEMENT FOR FAIRSOFTWARE SERVICES
PLEASE READ THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT") CAREFULLY. BY USING THE SERVICE (AS DEFINED BELOW) OR 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 THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO GRANT ALL THE RIGHTS AND LICENSES HEREUNDER. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, OR IF YOU DO NOT HAVE SUCH AUTHORITY, YOU SHOULD NOT USE THE SERVICE OR CLICK THE "I AGREE" BUTTON. THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FAIRSOFTWARE.
FairSoftware, Inc. ("FairSoftware", "us", or "we") provides, in connection with the FairSoftware website, located at http://www.fairsoftware.net (the "Site"), an electronic platform that offers participants a range of features to assist them to manage certain projects, issue virtual shares in these projects to participants, and support the participants in connection with a commercialization of the project result, as further described on the Site (collectively, the "Services").
This Agreement, including the FairSoftware privacy policy that can be found at http://www.fairsoftware.net/privacy ("Privacy Policy") and is hereby incorporated into this Agreement by reference, sets forth the legally binding terms for Your use of the Services. By accessing and using the Services, You agree to comply with and be bound by this Agreement, whether You are visiting the Site ("Visitor") or You are a "Member" (which means that You have registered on the Site to use the Services). The term "User" refers to both Visitors and Members. Unless otherwise defined herein, capitalized terms shall have the meanings assigned to such terms set forth in the Software Bill of Rights that You can find at http://www.softwarebillofrights.org/license.html (the "Software Bill of Rights Agreement").
If You sign up for additional features and services that are governed by additional terms and conditions, we will inform You accordingly when You sign up for these additional features and services. Unless otherwise provided by the additional terms and conditions, they are hereby incorporated into this Agreement by reference.
1. YOUR FAIRSOFTWARE ACCOUNT
In order to use the Services (and to become a Member), You must create a FairSoftware account on the Site ("Account").
1.1 Eligibility. By using the Services, You represent and warrant that: (a) all registration information You submit is truthful and accurate; (b) You will maintain the accuracy of such information; (c) You are of sufficient legal age in Your jurisdiction to create binding legal obligations; and (d) Your use of the Services does not violate any applicable law or regulation, or any other obligation (including contractual obligation) You might have towards third parties (including your employees, if any). Any Account You have created by registering on the Site may be deleted without warning if we believe that any representation and warranty You make hereunder is breached or inaccurate.
1.2 Password. When You sign up to become a Member, You will also be asked to choose a password for Your Account. You are entirely responsible for maintaining the confidentiality of Your password. You agree not to use the Account or password of another Member at any time. You agree to notify us immediately if You suspect any unauthorized use of Your Account or access to Your password. You are solely responsible for any and all use of Your Account.
1.3 Term and Termination. This Agreement shall remain in full force and effect for the longer of (a) Your use of the Site, if You are a Visitor, (b) Your use of the Services, and (c) for the duration of Your membership, if You are a Member. You may delete Your Account and end Your membership at any time, for any or no reason, by selecting the respective option in the settings of Your Account. We may terminate Your membership (a) for any or no reasons upon giving You thirty (30) days prior notice by sending You an e-mail to the e-mail address specified in Your Account and (b) effectively immediately, if You are in breach of this Agreement. You understand that termination of this Agreement and the Account You have created with us may involve deletion of all Your Account information from our live databases. We will not have any liability whatsoever to You for any termination of Your Account or related deletion of Your information.
2. OWNERSHIP; USE OF SERVICES
2.1 Services - Ownership and Restrictions. You acknowledge that all the intellectual property rights in the Services (excluding any Project Contributions provided by Users) are owned by FairSoftware, or FairSoftware’s licensors. You agree not to (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Services or the Content and (b) rent, lease, loan, or sell access to the Services.
2.2 Ownership of Content. The Services contain Content provided by us and our licensors; "Content" means any work of authorship or information, including comments, opinions, postings, messages, text, files, images, photos, works of authorship, e-mail, or other materials. We and our licensors (including Members) own and retain all proprietary rights in the Content and we own and retain all property rights in the Services.
2.3 License to Content. Provided You are a User, and subject to the terms and conditions of this Agreement, we hereby grant You a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from the Services solely for Your personal use in connection with using the Services.
3. THE SERVICES
3.1 Creating Projects. The Services allow You to create one or more Projects and to administer them, either alone or together with other Project Participants, in accordance with this Agreement, the Software Bill of Rights Agreement, and the decisions of the Project Assembly made through Voting.
3.2 Decisions of the Project Assembly. The Services offers functionality to Project Participants to request decisions of the Project Assembly through Voting. FairSoftware is not involved in, or responsible for, the decisions (or failure to make decisions) of the Project Assembly.
3.3 Voting. The Services provide functionality to create, administer, and evaluate the Voting of Project Participants, including certain pre-defined types of majority that may be selected in connection with such Voting (such as standard majority, absolute majority, and "super majority"). FairSoftware is not involved in, or responsible for, the Voting (or failure to vote) of Project Participants.
3.4 Project Units. The Services allow Project Assemblies to issue Project Units for a Project, to allocate such Project Units to Project Participants based on the decisions of the Project Assembly, and to otherwise manage the Project Units in connection with a Project. It will be the Project Assembly’s obligation to decide whether, and how many, Project Units are allocated to Project Participants and if, how, and when such Project Units are actually issued to Project Participants. You acknowledge and agree that (a) Project Units are not issued, allocated, or managed by FairSoftware and FairSoftware is not involved in, or responsible for, the issuance, allocation, or management of Project Units (or the failure of any of the foregoing to occur), (b) You have no claims, or rights under this Agreement, with or against FairSoftware, against FairSoftware with respect to Project Units You may have received (or not received) in connection with Your Project Contribution, and (c) FairSoftware does not and will not assign or associate any value or monies to any Project Units.
3.5 Scope of Services. FairSoftware offers the Services as a platform that can be used by You and other Project Participants to work on Projects and Project Results. You acknowledge and agree that FairSoftware is a service provider that offers the Services that can be used by its Users in connection with the User’s Projects, but that FairSoftware is not involved in the planning or execution of Projects (with the sole exception of any distribution of Project Results through FairSoftware as described in Section 6) and is not responsible or liable for the Project or Project Result.
4. CONTENT AND OTHER USERS
4.1 Your License Grant. We do not claim ownership in any Content that You upload, provide, make available, or otherwise transfer ("post") on the Services, but to be able to legally provide our Users with the Services, we have to have certain rights to use such Content in connection with the Services, as set forth below. In return, we also grant You certain use rights as set forth in Section 2.2 to the Content that (a) we own and use to provide the Services to You and other Users and (b) was licensed to us by other Users for such purpose. By posting any Content on the Services, You hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that You post through the Services. You should only post Content to the Services that You are comfortable sharing with others under the terms and conditions set forth herein. In particular, we do not require, or expect, that You post any software code developed in connection with a Project. If You or Your Project decides to keep that software code private, You should not post it on the Site. You are solely responsible for creating backup copies of and replacing any Content You post on the Services at Your sole cost and expense.
4.2 Third Party Content. Content from other Users and other third parties is made available to You through the Services. Because we do not control such Content, (a) You agree that we are not responsible for any such Content, including advertising and information about third party products or service and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users and third parties.
4.3 Responsibility. Your interactions with other Users on the Services, including any payment and delivery of goods or services, Voting, issuance and administration of Project Units, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and the other User. You agree that we are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of information about You and Content from you that You have provided to sections of the Services that are available to other Users. If there is a dispute between You and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between You and other Users.
4.4 User Interaction. You will not use any information (including Content) obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, we reserve the right to restrict the number of communications which a User may send to other Users and the sharing of any Content in any period to a number and amount which we deem appropriate in our sole discretion.
5. ACCEPTABLE USE AND CONDUCT
You are solely responsible for any and all Content that is posted through Your Account on the Services and for Your interactions with other Users.
5.1 Prohibited Content. You agree that You will not post any Prohibited Content or use any Prohibited Content in connection with the Services. "Prohibited Content" is Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing, or "spamming,"; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as presenting the work of a third party as your own (plagiarism), providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (xi) otherwise violates the terms of this Agreement or creates liability for us.
5.2 Representations Regarding Your Content. You represent and warrant that: (a) You own the Content posted by You on the Service or otherwise have the right to grant the license set forth in this Agreement, (b) Your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person, and (c) by providing Your Content, You do not violate any confidentiality obligations You might have towards a third party, including Your current or former employer. PLEASE MAKE SURE THAT YOU ONLY PROVIDE INFORMATION TO THE SERVICES THAT YOU ARE ALLOWED TO PROVIDE WITHOUT VIOLATING ANY OBLIGATIONS YOU MIGHT HAVE (INCLUDING ANY CONFIDENTIALITY OBLIGATIONS) TOWARDS A THIRD PARTY. PLEASE DO NOT PROVIDE ANY INFORMATION THAT YOU ARE NOT ALLOWED TO SHARE WITH OTHERS, INCLUDING BY CONTRACT OR LAW; PLEASE NOTE THAT INFORMATION YOU PROVIDE MAY BE ACCESSIBLE BY OTHER USERS OF THE SERVICES.
5.3 Enforcement by FairSoftware. Any use of the Services in violation of this Agreement may result in, among other consequences, termination or suspension of Your rights to use the Services. We may disclose information about Your use of the Services in accordance with our Privacy Policy. We have the right (but not the obligation) to review any Content and delete (or modify) any Content that in our sole discretion violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action (including legal action) in our sole discretion against You if You violate this provision or any other provision of this Agreement, including without limitation, removing Content from the Services (or modifying it), terminating Your membership and Account, and reporting You to law enforcement authorities.
5.4 Lawful Use. You will use the Services in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Your Content without notice and may result in suspension or termination of Your Account.
5.5 No Disruption. You will not: (i) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; (ii) introduce software or automated agents to the Services, or access the Service so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services; or (iii) interfere with, disrupt, or modify any data or functionality of the Services.
5.6 Miscellaneous. You will not attempt to impersonate another User or person, including any of our employees. You will use the Services in a manner consistent with any and all applicable laws and regulations.
6. DISTRIBUTION OF PROJECT RESULTS
6.1 Distribution by FairSoftware. Upon a Project Assembly’s decision to commercially distribute a Project Result, You grant FairSoftware the right to distribute (and, if necessary, to reproduce) Your Project Contribution as part of the Project Result, directly or through distributors (including You and other Project Participants), to end users under the end user terms selected by the Project Assembly from among the options provided on the Site.
6.2 Sub-distribution by Project Participants. Upon request, FairSoftware may grant You the right to distribute a Project Result for which You have provided Project Contributions as FairSoftware’s sub-distributor as set forth in Section 6.1. Your right to sub-distribute a Project Result as FairSoftware’s sub-distributor if conditioned upon (a) Your use of the payment link that is provided by FairSoftware for any and all payments made by any end user or third party for the Project Result in connection with your sub-distribution, (b) your sub-distribution of the Project Result solely under the terms and conditions selected by the Project Assembly for the distribution of the Project Result, and (c) Your compliance with this Agreement. You shall not (i) request or accept any payments for a Project Result from any end user or other third party in connection with your sub-distribution for FairSoftware and (ii) make any promises or representations or warranties regarding the Project Result in connection with Your sub-distribution that have not been approved by the Project Assembly.
6.3 Commission. A "Commission" is a payment claim of FairSoftware against You that accrues for each purchase or license of a Project Result that is sub-distributed by You and which is equal to, on a single per-Project Result basis, the Commission Percentage set forth in http://www.fairsoftware.net/fee. For each Project Result that FairSoftware distributes, a Commission will accrue for the benefit of FairSoftware. Any Commission payable by You to FairSoftware hereunder shall be offset against any payments received by us for the distribution of the Project Result hereunder.
6.4 Payment by FairSoftware. FairSoftware will maintain all payments received in connection with the distribution of a Project Result, less (a) the Commission owed to FairSoftware as set forth in Section 6.3 and (b) payments for which refunds have been granted by FairSoftware, on an internal account for the respective Project (the "Project Account"). FairSoftware will make payments to Project Participants (including for expenses) from this Project Account solely as instructed and authorized, and in the amount specified, by the Project Assembly and as otherwise set forth herein. You acknowledge and agree that (a) any claim for payment You may have in connection with a Project Contribution for a Project You have made, or continue to make, is a claim solely against the other Project Participants and not against FairSoftware, as FairSoftware is only providing the Services to the Project Participants under this Agreement (including in connection with the distribution) and is not otherwise involved in the creation or commercialization of the Project Result, and (b) payments will be made to, and withdrawals will be permitted by, You only subject to (i) Your filing of certain tax-related documents with FairSoftware prior to any payments to, or withdrawals by, You above a certain threshold, (ii) the passing of a certain time period after FairSoftware has received payments from customers to account for refunds and returns, and (iii) other conditions set forth on the Site or within the Services. FairSoftware is not obligated to make any payments to anyone from the Project Account that are not covered in the full amount by funds available on the Project Account as of the time when the request to make such payments is made. FairSoftware reserves the right to grant refunds, upon request by end users, to such end users at FairSoftware’s discretion.
6.5 No support or maintenance. FairSoftware shall have no obligation (a) to provide any services to end user of Project Results or customers of the Project Participants in connection with Project Results, including any support or maintenance services in connection with the Project Result or (b) to promote or advertise Project Results or otherwise make any efforts to increase the distribution of Project Results.
7. THIRD-PARTY WEBSITES
The Services may contain links to third-party websites ("Third-Party Websites") (a) placed by us as a service to those interested in this information; or (b) posted by other Users. You use all such links to Third-Party Websites at Your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website. When You leave the Site, our terms and policies no longer govern.
8. COPYRIGHT POLICY
It is our policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if You believe that Your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) an identification of the copyrighted work that You claim has been infringed; (iii) a description of where the material that You claim is infringing is located on the Services; (iv) Your address, telephone number, and e-mail address; (v) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
FairSoftware, Inc.
Attn: Copyright Agent
***
***
e-mail: copyright@fairsoftware.net
9. DISCLAIMERS
We are not responsible for any incorrect or inaccurate Content (including any information in profiles) posted on the Services, whether caused by Users or by any of the equipment or programming associated with or utilized in the Services. We are not responsible for the conduct, whether online or offline, of any User of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Site or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Site or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. LIMITATION ON LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50) AND THE AMOUNTS WE PAID TO YOU IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM, IF ANY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
11. MISCELLANEOUS
11.1 Amendments. This Agreement may be modified by us from time to time. If we make material changes to the Agreement, we will notify You by sending an e-mail to Your e-mail address, as specified in Your Account. You agree that such amended Agreement will be effective thirty (30) days after being sent to You, and Your continued use of the Services after that time shall constitute Your acceptance of the amended Agreement.
11.2 Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.
11.3 Release. To the maximum extent permitted by applicable law, You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users and, without limitation, any of the foregoing that are related to or arise from events or circumstances for which the Agreement states that FairSoftware is not responsible. If You are a California resident, You waive Your rights, whether known or unknown, under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
11.4 Survival. The provisions under Sections 2.1, 2.2, 3.5, 4, 5, 8, 9, 10, and 11 will survive expiration or termination of this Agreement for any reason.
11.5 Indemnity. You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your use of the Services (including in connection with the distribution of Project Results by FairSoftware hereunder) and arising from Your breach of any provision of this Agreement.
11.6 Governing Law and Arbitration. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts located within Santa Clara County and the federal courts in the Northern District of California. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
11.7 Consumer Complaints. Under California Civil Code Section 1789.3, Users who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254.
11.8 Severability. If any provision of this Agreement is found or held to be invalid or unenforceable by any tribunal of competent jurisdiction, then the meaning of such provision will be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it will be severed from the remainder of this Agreement, which will remain in full force and effect.
11.9 Other. This Agreement constitutes the entire agreement between You and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect; as used in the Agreement, the word "including" means "including but not limited to". Please contact us with any questions regarding this Agreement by e-mailing us at: info@fairsoftware.net
11.10 Copyright/Trademark Information. Copyright © 2008, FairSoftware, Inc. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.