GROCERII.COM LICENSE AGREEMENT
This is a legal agreement between the end user ('You') and Grocerii.com., its principal office at Fairfield, NJ, ('Grocerii.com'). This Agreement governs the package of software and related materials that include, without limitation, certain executable files, online tools and application packages (referred to herein as the 'Application') and certain written materials (the 'Documentation') (the Application and Documentation are herein collectively referred to as the "Package"). BY DOWNLOADING THE GROCERII APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. If you do not agree to the terms of this Agreement, do not download and use the Application.
LIMITED LICENSE: Grocerii.com hereby grants to You a non-exclusive, nontransferable license, without the right to sublicense, to use the Application solely for Your customizing and use according to the Documentation solely for Your own purposes. This Software License is only being granted to You for online and mobile use, and not for any production deployment to third parties.
OWNERSHIP; COPYRIGHT: Title to the Application and the Documentation and all copies and derivatives thereof, and patents, copyrights and all other property rights applicable thereto, shall at all times remain solely and exclusively with Grocerii.com and its licensors, and You shall not take any action inconsistent with such title. The Application and the Documentation are protected by United States and other applicable laws and by international treaty provisions. Grocerii.com also owns patent applications covering the Application . Any rights not expressly granted herein are reserved to Grocerii.com and its licensors.
OTHER RESTRICTIONS: You agree not to sell, transfer, license, loan or otherwise make available to third parties the Application and related Documentation. You may not modify, enhance or otherwise change or supplement the Application except as allowed in the online tools, without Grocerii.com's written consent. The source code for the Application will not be disclosed to You, and You may not disassemble, decompile or reverse engineer the Application. Grocerii.com will be entitled to terminate this license if You fail to comply with any term or condition under this Agreement or Grocerii.com's Terms and Conditions of Sale. You will not use the Application for any illegal purpose.
NO WARRANTY: GROCERII.COM AND ITS LICENSORS MAKE NO WARRANTY OR CONDITION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE APPLICATION. GROCERII.COM DOES NOT WARRANT THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY: GROCERII.COM AND ITS LICENSORS SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, ARISING HEREUNDER EVEN IF GROCERII.COM OR ITS LICENSORS ARE ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. GROCERII.COM'S MAXIMUM LIABILITY ARISING OUT OF THE SALE OF ANY APPLICATION OR ITS USE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL PAYMENTS RECEIVED BY GROCERII.COM IN CONNECTION THEREWITH.
GENERAL: This Agreement constitutes the entire understanding between Grocerii.com and You with respect to subject matter hereof. Any change to this Agreement must be in writing, signed by Grocerii.com and You.
GOVERNING LAW: This Agreement and any dispute hereunder shall be governed by the laws of the State of New Jersey, U.S.A., excluding (a) its conflicts of laws principles; (b) the United Nations Convention on Contracts for the International Sale of Goods; (c) the 1974 Convention on the Limitation Period in the International Sale of Goods (the '1974 Convention'); and (d) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980, and shall be subject to the exclusive jurisdiction of the applicable federal or state courts located in the State of New Jersey, U.S.A