ResponseWare End User License Agreement
Turning Technologies, LLC (“Turning”) licenses, not sells,
the ResponseWare application (“ResponseWare”) to you subject to this End User
License Agreement (the “EULA”).
1.
RESPONSEWARE. Turning
provides ResponseWare to poll and answer questions over the Internet using a
web browser or an installed application. Unless stated otherwise, any new versions or features
that enhance or modify ResponseWare will be subject to this EULA. You are responsible for obtaining access to
the Internet and to ResponseWare, either or both of which may require third-party
fees (such as Internet service provider or airtime charges). You are
responsible for those fees and for obtaining all equipment necessary to access and
use ResponseWare. The Service Level
Agreement posted on the ResponseWare site will apply to you if you have
subscribed to the web-based or application-based versions of ResponseWare and
your account is current.
REGISTRATION; ACCOUNT; PASSWORD. You represent that you are of legal age to
form a binding contract and that you are not a person barred from receiving
services under any applicable laws.
2.
You agree to provide complete and accurate registration
information (“Registration Data”) and to promptly update all Registration Data so
that it is at all times accurate and complete. Turning has the right to suspend
or terminate your account if you provide inaccurate or incomplete Registration
Data. Registration information and other
information about you is subject to our Privacy Policy at www.rwpoll.com/privacy.htm, which
is incorporated herein by this reference.
By using ResponseWare, you consent to the collection and use of your information
in accordance with our Privacy Policy.
You will receive a password and account designation upon
completing the registration process. You
are responsible for maintaining the confidentiality of the password and account
and for all activities that occur under your password or account. You agree to notify Turning immediately of
any unauthorized use of your password or account, or any other security breach. You also agree to exit from your account at
the end of each session. You acknowledge
and agree that Turning will not be liable for any loss arising from your
failure to comply with this Section.
3.
TURNING’S PROPRIETARY RIGHTS. You acknowledge that ResponseWare and any Turning
software provided by Turning and used in connection with ResponseWare (together
with ResponseWare, the “Software”) contain confidential and proprietary
information. Subject to and contingent
to the terms of this EULA, Turning grants you a personal, non-transferable,
non-exclusive license to use the object code version of the Software on any authorized
device(s) that you own or control. You
may not distribute or make the Software (or any portion thereof) available over
a network where it could be used by multiple devices at the same time. You may
not rent, lease, lend, sell, redistribute or sublicense the Software (or any
portion thereof). You agree not to use modified versions of the Software (or
any portion thereof), including for the purpose of obtaining unauthorized
access to the Software (or any portion thereof). You agree not to access the Software
(or any portion thereof) by any means other than through the interface that is
provided by Turning for use in accessing the Software. You may not copy (except as expressly
permitted by this license), decompile, reverse engineer, reverse assemble, disassemble,
attempt to derive the source code of, modify, or create derivative works of the
Software, any updates, or any part thereof (except as and only to the extent
any foregoing restriction is prohibited by applicable law or to the extent as
may be permitted by the licensing terms governing use of any open sourced
components included with the Software). This license does not allow you to
exploit or use the Software (or any portion thereof) for any commercial
purposes. Any use of the Software (or
any portion thereof) except as expressly permitted by this EULA is a violation
of the rights of Turning and its licensors. If you breach this restriction, you
may be subject to prosecution and damages.
The trademarks, service marks and logos (the “Trademarks”)
used in connection with the Software, including, without limitation,
ResponseWare, are owned by Turning, its affiliates or business partners. You agree not to display or use the
Trademarks in any manner.
4.
USE OF DATA AND CONTRIBUTIONS. You agree that Turning may collect and use
data and other information in accordance with our Privacy Policy at www.rwpoll.com/privacy.htm
You do not have to contribute, but if you do submit ideas
or suggestions (“Contributions”) to Turning, you acknowledge and agree that you
have the right to submit such Contributions.
You acknowledge and agree that Turning will have the right to use or
disclose such Contributions for any purpose, and your Contributions
automatically become the property of Turning without any obligation of Turning
to you.
5.
INDEMNITY. You
agree to indemnify and hold Turning, its affiliates, and their officers,
agents, employees, partners, members, successors, assigns and licensors
harmless from any loss, including reasonable attorneys’ fees, arising out of or
relating to your use of or connection to the Software (or any portion thereof,
including, without limitation, ResponseWare), your violation of this EULA, and/or
your violation or misappropriation of any third party rights.
6.
MODIFICATIONS TO THE SOFTWARE. Turning reserves the right to modify or
discontinue, temporarily or permanently, the Software or the ResponseWare
service (or any part thereof) at any time with or without notice or liability
to you.
7.
TERMINATION. You
agree that Turning may, without prior notice to you, and for any or no reason, immediately
terminate this EULA, your ResponseWare account and/or access to ResponseWare. Without
limiting the foregoing, your rights under this EULA will terminate automatically
without requiring notice if you fail to comply with any terms of this EULA. All terminations shall be made in Turning’s
sole discretion, and Turning will not be liable to you or any third party for any
termination of your account or access to ResponseWare. Upon termination, you shall cease all use of
ResponseWare, and delete all copies of the Software on any and all devices.
8.
LINKS. If the service
refers or links to websites outside of the control of Turning, please be aware
that they operate according to their own terms of service and privacy policies,
and Turning has no liability relating to your use of such third party websites.
9.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, RESPONSEWARE) IS PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS. TURNING, ITS AFFILIATES, AND THEIR OFFICERS,
EMPLOYEES, AGENTS, PARTNERS, MEMBERS, AND LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, AND MAKE NO WARRANTY
THAT THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, RESPONSEWARE) WILL MEET YOUR
REQUIREMENTS, THAT THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, RESPONSEWARE) WILL
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SOFTWARE (INCLUDING, WITHOUT LIMITATION,
RESPONSEWARE) WILL BE ACCURATE OR RELIABLE; OR ANY ERRORS IN THE SOFTWARE (INCLUDING,
WITHOUT LIMITATION, RESPONSEWARE) WILL BE CORRECTED.
TURNING, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES,
AGENTS, PARTNERS, MEMBERS AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF TURNING HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED TO, THOSE THAT MAY RESULT FROM THE
USE OR THE INABILITY TO USE RESPONSEWARE; THE COST OF SUBSTITUTE GOODS AND/OR
SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS; OR ANY
OTHER MATTER RELATING TO THE SOFTWARE. IN NO EVENT SHALL TURNING’S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE
LAW) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS
WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
You agree to immediately inform Turning of any claim
arising from ResponseWare, and/or your possession and use of the Software or
the ResponseWare service, including, but not limited to, (a) a claim of infringement
of a third party’s intellectual property rights, or (b) a product liability
claim, or (c) a claim of failure to conform to any applicable legal or
regulatory requirement, or (d) a claim arising under consumer protection or
similar legislation, or (e) a claim under any permitted warranty.
10.
INTERNATIONAL USE.
Recognizing the global nature of the Internet, you agree to comply with
all local and other applicable laws regarding online conduct and acceptable
content. Furthermore, you agree to
comply with all applicable laws regarding the transmission and export of
technical data. You may not use or otherwise export or re-export the Software except
as authorized by United States law, the laws of the jurisdiction in which the Software
was obtained, and all other applicable laws. In particular, but without limitation,
the Software may not be exported or re-exported (a) into any U.S. embargoed
countries or (b) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Department of Commerce Denied Person’s List or
Entity List. By using the Software, you represent and warrant that you are not
located in any such country or on any such list.
11.
GENERAL INFORMATION.
This EULA constitutes the entire agreement between you and Turning. It governs your use of the Software,
including, without limitation, the ResponseWare service, and supersedes any
prior or contemporaneous understandings or agreements between you and Turning relating
thereto. This EULA may not be modified
by you unless such modification is in writing and signed by an authorized
officer of Turning. By use of the
Software and/or the ResponseWare service you agree to this EULA and acknowledge
that use of ResponseWare results in interstate data transmissions.
This EULA and the relationship between you and Turning shall
be governed by, construed and enforced in accordance with the laws of the State
of Ohio, United States of America without regard to its conflict of law
provisions, and you agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Mahoning, Ohio. Except for the right of a party to apply to a
court of competent jurisdiction for provisional or injunctive relief, any and
all claims, disputes or controversies arising under, out of, or in connection
with the terms of this Agreement shall be resolved by final and binding
arbitration in the United States in accordance with the arbitration rules of
the American Arbitration Association. However
Turning may, in its sole election, have full recourse to the courts and civil,
criminal and administrative laws of any jurisdiction worldwide to protect its intellectual
property without any limitation whatsoever.
The English version of this EULA will be the version used when
interpreting or construing this EULA. In
each case this EULA shall be construed and enforced without regard to the
United Nations Convention on the International Sale of Goods.
The failure of Turning to exercise or enforce any right or
provision of the EULA will not constitute a waiver of such right or provision.
If any provision of the EULA is found to be invalid and/or unenforceable, the
parties agree to give effect to the parties’ intentions as reflected in the
provision, and furthermore, the other provisions of the EULA will remain in
full force and effect. This EULA will not prejudice the statutory
rights of any party.
You agree that your ResponseWare account is
non-transferable.
The headings in the EULA are for convenience only and have
no legal or contractual effect.
12.
CONTACT US. Please
report any violations of the EULA to our Customer Service group at
1-866-746-3015. Please direct any
questions, complaints or claims regarding ResponseWare to:
ResponseWare
Customer Service
255 West
Federal Street
Youngstown,
OH 44503
Or
support@turningtechnologies.com