Please read this Olive Tree Bible Software End User License Agreement ( EULA ) carefully. This EULA is a contract between you and Olive Tree Bible Software, a division of Gospel Technologies LLC. ( Olive Tree ) and governs your use of (i) any Olive Tree software (including but not limited to the Bible App by Olive Tree products), and (ii) any Olive Tree products and content, including but not limited to Bible files, e-book files, reference materials, font files, daily reading files, and any other files available for download or as a boxed product), including any Updates (defined below) and accompanying printed or electronic documentation (collectively, the Product ).
BY CLICKING 'I AGREE' OR DOWNLOADING, INSTALLING, OR USING THE PRODUCT, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT CLICK 'I AGREE' OR DOWNLOAD, INSTALL OR USE THE PRODUCT.
1. ACKNOWLEDGEMENT. You and Olive Tree acknowledge that (i) you are licensing the Product from Olive Tree and not Apple, Google, or the like, and (ii) Apple, Google, nor any other app store vendor, is not a party to this EULA. As between Apple, Google, or any other app store vendor and Olive Tree, Olive Tree is solely responsible for the Product, the content therein, any maintenance or support services to the extent required by applicable law, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to the Product (including for infringement of third party intellectual property rights and consumer protection and product liability claims). You and Olive Tree acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this EULA, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary hereof.
2. LICENSE GRANT. Subject to your compliance with the terms and conditions of this EULA, Olive Tree grants to you a personal, limited, non-exclusive, non-sublicenseable, non-transferable, revocable license to install and use one copy of a Product on up to five (5) supported devices that you own or control.
Other than as specifically permitted during a free trial period, if applicable, you may not manipulate the Product, Olive Tree's website or other Olive Tree resources to access or utilize any purchase-based or subscription-based feature of the Product unless you have paid the applicable fee. Olive Tree is not obligated to provide any such free trial period for any Product.
3. IN-APP PURCHASES. Some Olive Tree apps provide the ability to make purchases within the app by means of an in-app purchase (IAP). These purchases may be single a-la-carte purchases providing an ongoing license to the product being purchased, or they may be an auto-renewable subscription.
A-la-carte Purchase. For an a-la-carte in-app purchase, a one-time payment will be charged to your account with the associated App Store Vendor (e.g. Apple, Google Play) upon your confirmation of purchase. No further payment will be required for this purchase. If you have any problems with the transaction or wish to seek a refund, you may contact Olive Tree's customer support ( support@olivetree.com ) for assistance, but you will likely be directed to contact the App Store Vendor for further assistance.
Auto-renewable Subscription. For an in-app purchase of an auto-renewable subscription, payment will be charged to your account with the App Store Vendor (e.g. Apple, Google Play) upon your confirmation of the purchase, and after any applicable free trial period has ended. The subscription will automatically renew unless auto-renew has been turned off at least 24-hours prior to the end of the current period. Your account will be charged the cost of the renewal within 24-hours prior to the end of the current period. You may manage your subscriptions, including turning off auto-renewal, by going here: Manage Subscriptions (please note that for in-app purchases, you will be directed to a support article for the App Store Vendor of your purchase that will direct you how to manage your subscription.
4. OWNERSHIP; PROPRIETARY MARKS. The Product is protected by copyright and other intellectual property laws and treaties. Except for the limited license granted to you in Section 2 of this EULA, Olive Tree reserves all right, title, and interest, including but not limited to copyright, patent, trade secret, and all other intellectual property and proprietary rights, in and to the Product. You agree that Olive Tree does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under this EULA. You may not delete, obscure or alter any copyright, trademark or other proprietary rights notices appearing on the Product. All rights are reserved.
5. FEEDBACK. If you inform Olive Tree of any errors, difficulties or other problems with the Product, or make any suggestions as to changes or modifications to the Product (collectively, Feedback ), Olive Tree will have the right to use the Feedback for any purpose without compensation to you. All Feedback, including any and all patents, copyrights, trade secrets and any and all other proprietary rights in or derived from the Feedback, will be the sole property of Olive Tree.
6. NO DISTRIBUTION OR COMMERCIAL USE. You may not sell, resell, sublicense, rent, lease, lend, publish, post, or otherwise provide or distribute the Product, in whole or in part, to any third party without the express prior written consent of Olive Tree in each instance. You may not use or distribute the Product, including but not limited to any content you create using the Product (e.g., personal notes, bookmarks, reading schedules, etc.) for any commercial use or purpose.
7. RESTRICTED USE. You must use the Product in a manner consistent with all applicable laws and regulations, and this EULA. You may not use the Product for any illegal, non-personal or unauthorized purpose. You may not use the Product in a manner that could damage or cause risk to Olive Tree's business, reputation, employees, customers, facilities, or to any third party. Unauthorized use of the Product includes but is not limited to: (a) tampering with or using non-public areas of Olive Tree's website or computer systems; (b) attempting to probe or test the vulnerability of Olive Tree's website or systems, or to breach Olive Tree's security or authentication measures; (c) attempting to access or search the Product, or Olive Tree's website or systems with any software or mechanism other than the software and/or search agents provided by Olive Tree or other generally available third party browser; (d) attempting to decompile, decipher, disassemble, reverse engineer or otherwise attempt to access or obtain the source code of any of software comprising or in any way making up a part of Olive Tree's website or systems; or (e) attempting to interfere with the access of any user, host or network, including but not limited to sending a "virus" through the Product or Olive Tree's website or systems.
8. NO REVERSE ENGINEERING. You may not copy, list, print, publish, display, modify, create derivative works of, translate, decompile, decipher, disassemble, reverse engineer or otherwise attempt to access or obtain the source code of, or any other proprietary or confidential information from, the Product, in whole or in part, except as expressly permitted by applicable law notwithstanding this limitation.
9. UPDATES. Olive Tree may, in its sole discretion, provide to you updates or supplements to the Product (" Updates "). If Olive Tree provides you any Updates, this EULA will apply to those Updates. The Product may operate only on those hardware and software platforms specified in the Product documentation. It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the then-current version of the Product. Olive Tree reserves the right to cease supporting any hardware or software platform at any time, with or without notice.
10. USER ACCOUNT AND PASSWORD; SECURITY. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account, including through the Product. You agree to immediately notify Olive Tree of any unauthorized use of your account or any other breach of security of which you become aware.
11. TERMINATION; SUSPECTED BREACH. If you breach any of the terms and conditions of this EULA or Olive Tree suspects any breach of this EULA, or for any other reason that affects Olive Tree's business, customers or the public, Olive Tree may: (a) begin legal action, (b) immediately suspend or terminate the EULA, or (c) cooperate with law enforcement in legal proceedings against violators. You agree to cooperate with Olive Tree in investigating suspected violations. In the event of termination of this EULA, any and all licenses granted to you under this EULA immediately cease, and you must: (i) immediately cease any use of the Product and (ii) delete all copies of the Product in your possession, custody, or control, including any copies of the Product on magnetic media or computer systems.
12. DISCLAIMER OF WARRANTIES . THE PRODUCT AND ANY ACCOMPANYING SERVICES (E.G. DATA SYNCHRONIZATION) ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE. THERE IS NO WARRANTY THAT ANY DATA OR CONTENT YOU INPUT, IMPORT, TRANSFER, TRANSMIT, DOWNLOAD OR UPLOAD TO THE PRODUCT OR ANY ACCOMPANYING WEBSITE WILL BE KEPT SECURELY. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE PRODUCT. ANY STATEMENTS MADE ON OR IN ANY PACKAGING, MANUALS, OR OTHER DOCUMENTS NOT EXPRESSLY INCORPORATED HEREIN, AND ANY STATEMENTS MADE BY ANY OLIVE TREE EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY OLIVE TREE. OLIVE TREE DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OLIVE TREE'S BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION 11 MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
13. LIMITATION OF LIABILITY; DISCLAIMER OF CERTAIN DAMAGES . EVEN IF OLIVE TREE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OLIVE TREE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM THIS EULA OR USE OF THE PRODUCT OR ACCOMPANYING SERVICES, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR BREACH OF SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF THE PRODUCT, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO: (A) UNAUTHORIZED ACCESS OR VIRUSES OR OTHER HARMFUL COMPONENTS, (B) THE INABILITY TO USE THE PRODUCT, OR (C) ANY INFORMATION, CONTENT OR ANY FORM OF DATA THAT IS INPUT, IMPORTED, TRANSFERRED, TRANSMITTED TO, TRANSMITTED FROM, RECEIVED FROM OR RECEIVED BY THE PRODUCT OR ANY ACCOMPANYING SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE EXCLUSIONS OR LIMITATIONS IN THIS SECTION 12 MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
THE MAXIMUM AGGREGATE LIABILITY OF OLIVE TREE TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE FOR ANY AND ALL DAMAGES, INJURY, OR LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION RELATED TO THE PRODUCT OR THIS EULA WILL BE THE AMOUNT PAID BY YOU FOR THE APPLICABLE PRODUCT OR TEN DOLLARS ($10.00), WHICHEVER IS THE GREATER. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS EULA WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
14. INDEMNIFICATION. You must defend, indemnify and hold Olive Tree harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Product or your violation of this EULA.
15. NO ASSIGNMENT. This EULA will be binding upon, inure to the benefit of, and be enforceable against your respective successors and permitted assignees. You may not assign this EULA, or any of your rights, interests, or obligations in connection with your use of the Product, without seeking and obtaining the prior written consent of Olive Tree in each instance. Any such assignment without such consent will be void and of no force and effect.
16. THIRD PARTY CONTENT. The Product may contain content or links to various third party web sites and other resources (" Third Party Content "). This third party content (e.g. other than www.OliveTree.com) is not under the control of Olive Tree and Olive Tree is not responsible or liable for the content, communications or materials of any Third Party Content. Olive Tree, if applicable, provides this content or links to you as a convenience only. The inclusion of any link does not imply endorsement by Olive Tree of the Third Party Content or any association with its operators. You are responsible for adhering to the applicable terms of service for any Third Party Content. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third parties.
17. U.S. GOVERNMENT LICENSE RIGHTS. All software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described in this EULA. All software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
18. EXPORT RESTRICTIONS. You acknowledge that the Product contains software that is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
19. GOVERNING LAW; VENUE; ATTORNEYS' FEES. Washington state law governs the interpretation of this EULA and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. Regardless of the choice of laws, any action arising out of or related to this Agreement shall be brought in the state or federal courts located in Spokane, Washington, and each party irrevocably consents to the exclusive jurisdiction and venue of such courts. If either party employs attorneys to enforce any rights arising out of or relating to this EULA, the prevailing party will be entitled to recover its reasonable attorneys' fees, costs and other expenses.
20. ENTIRE AGREEMENT; NO WAIVER; SEVERABILITY. This EULA comprises the entire agreement and understanding of you and Olive Tree regarding the Product and supersedes and replaces all other agreements or representations, whether electronic, written or oral, regarding the subject matter of this EULA. Olive Tree's failure at any time to require strict performance by you or any other licensees of any of the provisions of this EULA does not waive Olive Tree's right to thereafter require strict compliance with any provisions of this EULA. If a court of competent jurisdiction determines, in a final non-appealable judgment, that any provision of this EULA is invalid, illegal, or otherwise unenforceable, such provision will be deleted and the remainder of the EULA will be enforced as nearly as possible in accordance with the stated intention of the parties. Electronic images of this EULA will be considered originals.
21. MODIFICATION OF THIS AGREEMENT. Olive Tree may modify this Agreement at any time in its sole discretion. If so, a change of terms notice or a current version of this Agreement will be posted at the Olive Tree website (at www.OliveTree.com). In the event of a material change to this Agreement we will also use reasonable efforts to notify you by sending notice to the email address that you have provided to us. If any modification is unacceptable to you, you agree that your only recourse is to immediately terminate your use of the Product and destroy any installations of the Product on your devices and in your possession. Your continued use of the Product following our posting of a change of terms notice or a new end user licensing agreement on the Product will constitute your binding acceptance of the change. YOUR ACCEPTANCE OF THIS AGREEMENT INDICATES THAT YOU GIVE CONSENT TO OLIVE TREE TO SEND AN E-MAIL COMMUNICATION TO YOU WITH NOTICES CONCERNING MATERIAL CHANGES IN THE TERMS OF THIS AGREEMENT, THE PRODUCT(S) OR OUR SERVICES TO WHICH YOU HAVE SUBSCRIBED.
22. CONTACT INFORMATION. If you have any questions regarding this EULA or the Product, you may contact us at:
Olive Tree Bible Software, Inc.
P.O. Box 48271
Spokane, WA 99228
(509) 466-5700
email:
support@olivetree.com
Please read this Olive Tree Bible Software End User License Agreement ( EULA ) carefully. This EULA is a contract between you and Olive Tree Bible Software, a division of Gospel Technologies LLC. ( Olive Tree ) and governs your use of (i) any Olive Tree software (including but not limited to the Bible App by Olive Tree products), and (ii) any Olive Tree products and content, including but not limited to Bible files, e-book files, reference materials, font files, daily reading files, and any other files available for download or as a boxed product), including any Updates (defined below) and accompanying printed or electronic documentation (collectively, the Product ).
BY CLICKING 'I AGREE' OR DOWNLOADING, INSTALLING, OR USING THE PRODUCT, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT CLICK 'I AGREE' OR DOWNLOAD, INSTALL OR USE THE PRODUCT.
1. ACKNOWLEDGEMENT. You and Olive Tree acknowledge that (i) you are licensing the Product from Olive Tree and not Apple, Google, or the like, and (ii) Apple, Google, nor any other app store vendor, is not a party to this EULA. As between Apple, Google, or any other app store vendor and Olive Tree, Olive Tree is solely responsible for the Product, the content therein, any maintenance or support services to the extent required by applicable law, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to the Product (including for infringement of third party intellectual property rights and consumer protection and product liability claims). You and Olive Tree acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this EULA, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary hereof.
2. LICENSE GRANT. Subject to your compliance with the terms and conditions of this EULA, Olive Tree grants to you a personal, limited, non-exclusive, non-sublicenseable, non-transferable, revocable license to install and use one copy of a Product on up to five (5) supported devices that you own or control.
Other than as specifically permitted during a free trial period, if applicable, you may not manipulate the Product, Olive Tree's website or other Olive Tree resources to access or utilize any purchase-based or subscription-based feature of the Product unless you have paid the applicable fee. Olive Tree is not obligated to provide any such free trial period for any Product.
3. IN-APP PURCHASES. Some Olive Tree apps provide the ability to make purchases within the app by means of an in-app purchase (IAP). These purchases may be single a-la-carte purchases providing an ongoing license to the product being purchased, or they may be an auto-renewable subscription.
A-la-carte Purchase. For an a-la-carte in-app purchase, a one-time payment will be charged to your account with the associated App Store Vendor (e.g. Apple, Google Play) upon your confirmation of purchase. No further payment will be required for this purchase. If you have any problems with the transaction or wish to seek a refund, you may contact Olive Tree's customer support ( support@olivetree.com ) for assistance, but you will likely be directed to contact the App Store Vendor for further assistance.
Auto-renewable Subscription. For an in-app purchase of an auto-renewable subscription, payment will be charged to your account with the App Store Vendor (e.g. Apple, Google Play) upon your confirmation of the purchase, and after any applicable free trial period has ended. The subscription will automatically renew unless auto-renew has been turned off at least 24-hours prior to the end of the current period. Your account will be charged the cost of the renewal within 24-hours prior to the end of the current period. You may manage your subscriptions, including turning off auto-renewal, by going here: Manage Subscriptions (please note that for in-app purchases, you will be directed to a support article for the App Store Vendor of your purchase that will direct you how to manage your subscription.
4. OWNERSHIP; PROPRIETARY MARKS. The Product is protected by copyright and other intellectual property laws and treaties. Except for the limited license granted to you in Section 2 of this EULA, Olive Tree reserves all right, title, and interest, including but not limited to copyright, patent, trade secret, and all other intellectual property and proprietary rights, in and to the Product. You agree that Olive Tree does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under this EULA. You may not delete, obscure or alter any copyright, trademark or other proprietary rights notices appearing on the Product. All rights are reserved.
5. FEEDBACK. If you inform Olive Tree of any errors, difficulties or other problems with the Product, or make any suggestions as to changes or modifications to the Product (collectively, Feedback ), Olive Tree will have the right to use the Feedback for any purpose without compensation to you. All Feedback, including any and all patents, copyrights, trade secrets and any and all other proprietary rights in or derived from the Feedback, will be the sole property of Olive Tree.
6. NO DISTRIBUTION OR COMMERCIAL USE. You may not sell, resell, sublicense, rent, lease, lend, publish, post, or otherwise provide or distribute the Product, in whole or in part, to any third party without the express prior written consent of Olive Tree in each instance. You may not use or distribute the Product, including but not limited to any content you create using the Product (e.g., personal notes, bookmarks, reading schedules, etc.) for any commercial use or purpose.
7. RESTRICTED USE. You must use the Product in a manner consistent with all applicable laws and regulations, and this EULA. You may not use the Product for any illegal, non-personal or unauthorized purpose. You may not use the Product in a manner that could damage or cause risk to Olive Tree's business, reputation, employees, customers, facilities, or to any third party. Unauthorized use of the Product includes but is not limited to: (a) tampering with or using non-public areas of Olive Tree's website or computer systems; (b) attempting to probe or test the vulnerability of Olive Tree's website or systems, or to breach Olive Tree's security or authentication measures; (c) attempting to access or search the Product, or Olive Tree's website or systems with any software or mechanism other than the software and/or search agents provided by Olive Tree or other generally available third party browser; (d) attempting to decompile, decipher, disassemble, reverse engineer or otherwise attempt to access or obtain the source code of any of software comprising or in any way making up a part of Olive Tree's website or systems; or (e) attempting to interfere with the access of any user, host or network, including but not limited to sending a "virus" through the Product or Olive Tree's website or systems.
8. NO REVERSE ENGINEERING. You may not copy, list, print, publish, display, modify, create derivative works of, translate, decompile, decipher, disassemble, reverse engineer or otherwise attempt to access or obtain the source code of, or any other proprietary or confidential information from, the Product, in whole or in part, except as expressly permitted by applicable law notwithstanding this limitation.
9. UPDATES. Olive Tree may, in its sole discretion, provide to you updates or supplements to the Product (" Updates "). If Olive Tree provides you any Updates, this EULA will apply to those Updates. The Product may operate only on those hardware and software platforms specified in the Product documentation. It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the then-current version of the Product. Olive Tree reserves the right to cease supporting any hardware or software platform at any time, with or without notice.
10. USER ACCOUNT AND PASSWORD; SECURITY. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account, including through the Product. You agree to immediately notify Olive Tree of any unauthorized use of your account or any other breach of security of which you become aware.
11. TERMINATION; SUSPECTED BREACH. If you breach any of the terms and conditions of this EULA or Olive Tree suspects any breach of this EULA, or for any other reason that affects Olive Tree's business, customers or the public, Olive Tree may: (a) begin legal action, (b) immediately suspend or terminate the EULA, or (c) cooperate with law enforcement in legal proceedings against violators. You agree to cooperate with Olive Tree in investigating suspected violations. In the event of termination of this EULA, any and all licenses granted to you under this EULA immediately cease, and you must: (i) immediately cease any use of the Product and (ii) delete all copies of the Product in your possession, custody, or control, including any copies of the Product on magnetic media or computer systems.
12. DISCLAIMER OF WARRANTIES . THE PRODUCT AND ANY ACCOMPANYING SERVICES (E.G. DATA SYNCHRONIZATION) ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE. THERE IS NO WARRANTY THAT ANY DATA OR CONTENT YOU INPUT, IMPORT, TRANSFER, TRANSMIT, DOWNLOAD OR UPLOAD TO THE PRODUCT OR ANY ACCOMPANYING WEBSITE WILL BE KEPT SECURELY. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE PRODUCT. ANY STATEMENTS MADE ON OR IN ANY PACKAGING, MANUALS, OR OTHER DOCUMENTS NOT EXPRESSLY INCORPORATED HEREIN, AND ANY STATEMENTS MADE BY ANY OLIVE TREE EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY OLIVE TREE. OLIVE TREE DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OLIVE TREE'S BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION 11 MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
13. LIMITATION OF LIABILITY; DISCLAIMER OF CERTAIN DAMAGES . EVEN IF OLIVE TREE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OLIVE TREE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DAMAGES ARISING FROM THIS EULA OR USE OF THE PRODUCT OR ACCOMPANYING SERVICES, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR BREACH OF SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF THE PRODUCT, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO: (A) UNAUTHORIZED ACCESS OR VIRUSES OR OTHER HARMFUL COMPONENTS, (B) THE INABILITY TO USE THE PRODUCT, OR (C) ANY INFORMATION, CONTENT OR ANY FORM OF DATA THAT IS INPUT, IMPORTED, TRANSFERRED, TRANSMITTED TO, TRANSMITTED FROM, RECEIVED FROM OR RECEIVED BY THE PRODUCT OR ANY ACCOMPANYING SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE EXCLUSIONS OR LIMITATIONS IN THIS SECTION 12 MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
THE MAXIMUM AGGREGATE LIABILITY OF OLIVE TREE TO YOU, AND THE EXCLUSIVE REMEDY AVAILABLE FOR ANY AND ALL DAMAGES, INJURY, OR LOSSES ARISING FROM ANY AND ALL CLAIMS AND/OR CAUSES OF ACTION RELATED TO THE PRODUCT OR THIS EULA WILL BE THE AMOUNT PAID BY YOU FOR THE APPLICABLE PRODUCT OR TEN DOLLARS ($10.00), WHICHEVER IS THE GREATER. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS EULA WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
14. INDEMNIFICATION. You must defend, indemnify and hold Olive Tree harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Product or your violation of this EULA.
15. NO ASSIGNMENT. This EULA will be binding upon, inure to the benefit of, and be enforceable against your respective successors and permitted assignees. You may not assign this EULA, or any of your rights, interests, or obligations in connection with your use of the Product, without seeking and obtaining the prior written consent of Olive Tree in each instance. Any such assignment without such consent will be void and of no force and effect.
16. THIRD PARTY CONTENT. The Product may contain content or links to various third party web sites and other resources (" Third Party Content "). This third party content (e.g. other than www.OliveTree.com) is not under the control of Olive Tree and Olive Tree is not responsible or liable for the content, communications or materials of any Third Party Content. Olive Tree, if applicable, provides this content or links to you as a convenience only. The inclusion of any link does not imply endorsement by Olive Tree of the Third Party Content or any association with its operators. You are responsible for adhering to the applicable terms of service for any Third Party Content. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third parties.
17. U.S. GOVERNMENT LICENSE RIGHTS. All software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described in this EULA. All software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
18. EXPORT RESTRICTIONS. You acknowledge that the Product contains software that is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a 'terrorist supporting' country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
19. GOVERNING LAW; VENUE; ATTORNEYS' FEES. Washington state law governs the interpretation of this EULA and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. Regardless of the choice of laws, any action arising out of or related to this Agreement shall be brought in the state or federal courts located in Spokane, Washington, and each party irrevocably consents to the exclusive jurisdiction and venue of such courts. If either party employs attorneys to enforce any rights arising out of or relating to this EULA, the prevailing party will be entitled to recover its reasonable attorneys' fees, costs and other expenses.
20. ENTIRE AGREEMENT; NO WAIVER; SEVERABILITY. This EULA comprises the entire agreement and understanding of you and Olive Tree regarding the Product and supersedes and replaces all other agreements or representations, whether electronic, written or oral, regarding the subject matter of this EULA. Olive Tree's failure at any time to require strict performance by you or any other licensees of any of the provisions of this EULA does not waive Olive Tree's right to thereafter require strict compliance with any provisions of this EULA. If a court of competent jurisdiction determines, in a final non-appealable judgment, that any provision of this EULA is invalid, illegal, or otherwise unenforceable, such provision will be deleted and the remainder of the EULA will be enforced as nearly as possible in accordance with the stated intention of the parties. Electronic images of this EULA will be considered originals.
21. MODIFICATION OF THIS AGREEMENT. Olive Tree may modify this Agreement at any time in its sole discretion. If so, a change of terms notice or a current version of this Agreement will be posted at the Olive Tree website (at www.OliveTree.com). In the event of a material change to this Agreement we will also use reasonable efforts to notify you by sending notice to the email address that you have provided to us. If any modification is unacceptable to you, you agree that your only recourse is to immediately terminate your use of the Product and destroy any installations of the Product on your devices and in your possession. Your continued use of the Product following our posting of a change of terms notice or a new end user licensing agreement on the Product will constitute your binding acceptance of the change. YOUR ACCEPTANCE OF THIS AGREEMENT INDICATES THAT YOU GIVE CONSENT TO OLIVE TREE TO SEND AN E-MAIL COMMUNICATION TO YOU WITH NOTICES CONCERNING MATERIAL CHANGES IN THE TERMS OF THIS AGREEMENT, THE PRODUCT(S) OR OUR SERVICES TO WHICH YOU HAVE SUBSCRIBED.
22. CONTACT INFORMATION. If you have any questions regarding this EULA or the Product, you may contact us at:
Olive Tree Bible Software, Inc.
P.O. Box 48271
Spokane, WA 99228
(509) 466-5700
email:
support@olivetree.com