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TERMS OF USE FOR RANDOM MOUSE SOFTWARE

Page Last Updated:Dec 30, 2013

THE TERMS OF USE OUTLINED ON THIS PAGE SPECIFY YOUR AGREED TO CONDITIONS FOR USE OF THIS WEBSITE ("Site"). BY ACCESSING THIS SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE. PLEASE READ THEM CAREFULLY.

SCOPE AND CHANGES

These Terms of Use represent the entire Agreement between Random Mouse Software ("RMS", "we", "our" and "us") and you. These terms of use supercede any prior agreements concerning the same subject matter. THIS MEANS WE MAY CHANGE THESE TERMS OF USE AT ANY TIME. THEREFORE YOU ARE URGED TO REVIEW THESE TERMS OF USE EACH TIME YOU VISIT THE SITE. BY ACCESSING THE SITE AFTER A CHANGE TO THESE TERMS OF USE, YOU ARE INDICATING THAT YOU HAVE ACCEPTED THE CHANGES.

PERSONAL INFORMATION AND PRIVACY

See our Privacy Policy for our policy regarding the collection and use of personal information. You agree that we may collect and use the member information described in our Privacy Policy as per the terms and conditions provided in our Privacy Policy.

COPYRIGHT RESTRICTIONS

All material either presented on this Site, or downloaded from it, including but not limited to images and text ("Materials"), are protected by copyright and/or other intellectual property laws, and are owned and controlled by RMS. You may not copy, reproduce, republish, upload, post, transmit, distribute and/or create derivative works from the Materials in any way. Use of any Material without express permission by RMS is a violation of our intellectual property rights and is prohibited by these Terms of Use.

USER SUBMISSIONS

This Site allows registered members to post their reviews, comments, and other content in various places on the Site. You may post such content so long as it is not illegal, obscene, objectionable, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

You may also not use a false e-mail address, impersonate any person or entity, or otherwise mislead with regard to the true authorship of your postings.

We reserve the right (but are not obligated) to remove or edit such content. If you post any such content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You also grant us the right to use the name that you submit with any such content. You represent and warrant that you own or otherwise control all of the rights to any content that you post and that our use of your content will not infringe upon or violate the rights of any third party. We do not want to receive confidential or proprietary information from you through this Site or otherwise. Please note that any information or material you submit through this Site or in any other manner will not be deemed to be confidential. By sending us any information or material, you grant us an unrestricted, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such information or material.

You may also not use a false e-mail address, impersonate any person or entity, or otherwise mislead with regard to transactions involving any financial instrument, including but not limited to credit card transactions.

DISCLAIMER OF WARRANTY

YOUR ACCESS TO AND USE OF THE SITE ARE SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NONINFRINGEMENT OF THIRD PARTY RIGHTS, ITS ACCURACY, COMPLETENESS OR OTHER CHARACTERISTICS, OR THE RESULTS OBTAINED BY USING THE SITE. WE DO NOT WARRANT THAT THE SITE IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, NOR DO WE WARRANT ACCESS TO THE INTERNET OR ANY OTHER SERVICE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN SCOPE TO THE EXTENT PERMITTED BY APPLICABLE LAW AND IN DURATION TO NINETY (90) DAYS FROM THE INITIAL DATE OF ACCESSING THE SITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL RMS BE LIABLE TO YOU FOR ANY THIRD PARTY CLAIM OR FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY GOODWILL, LOST PROFITS OR LOST SAVINGS, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF IT WAS FORSEEABLE OR THE POSSIBILITY OF SUCH DAMAGES WAS BROUGHT TO OUR ATTENTION. YOU AGREE THAT YOUR SOLE REMEDY AGAINST US FOR LOSS OR DAMAGE CAUSED BY THE SITE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, IS LIMITED TO $50. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THAT EVENT, RECOVERABLE DAMAGES WILL BE LIMITED IN SCOPE AND AMOUNT TO THE LEAST ALLOWABLE UNDER APPLICABLE LAW.

INDEMNITY

You agree to indemnify, defend and hold RMS and our licensors harmless, as well as our and their affiliates, officers, directors, employees, consultants and agents, from all third party claims, liability, damages and costs (including attorneys' fees) arising from your unauthorized or improper use of the Site or the Materials, your breach of these Terms of Use or your infringement of any intellectual property or other rights of any person or entity.

GOVERNING LAW, JURISDICTION, AND LITIGATION COSTS

These Terms of Use shall be construed and governed by the internal laws of the State of California, U.S.A., excluding the application of its choice of law principles. You hereby agree to submit to the personal jurisdiction of the state and federal courts of the State of California. Exclusive venue, and any filings, for any litigation permitted under this Agreement shall be with the state and federal courts located in Pasadena, California. If we bring any action against you or you bring any action against us regarding the subject matter of these Terms of Use, the prevailing party shall be entitled to recover, in addition to other relief granted, reasonable attorneys fees and expenses of litigation. Notwithstanding any other provision of these Terms of Use, we have the right to seek the remedy of specific performance of any term contained in these Terms of Use, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof, in any court having jurisdiction thereof.

SEVERABILITY; NO WAIVER

If any provision of these Terms of Use, or their application to any person, place, or circumstance, is held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of these Terms of Use and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. Neither our failure nor our delay in exercising, enforcing or taking action against you with respect to any of our rights or powers shall operate as a waiver of such powers or rights. No single or partial exercise by us of any of our powers or rights will preclude us from exercising such powers and rights in the future or from exercising other powers and rights.

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