Terms and Conditions.

Terms of use for “Box It Now” software application.

IMPORTANT--READ CAREFULLY: This Terms of Use Agreement ("Agreement") is a legal contract between you (either an individual or a single business entity) and Box It Now™ to license the software application identified above; it includes but is not limited to computer software and, as applicable, associated media, printed materials, and "online" or electronic documentation (the "Software Application" or “App”). BY CLICKING THE ACCEPT ICON BELOW, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE APPLICATION AND EXIT NOW.

LICENSE TERMS

Scope of License. This license granted to you for the Software Application is limited to a non-transferable license to use the App. You may download, install, and use one or more registered copies of the App for your own personal, individual use as described below. The App is “registered” after you have accepted the terms of this License and Box It Now has notified you that it has assigned you a unique account with Box It Now to use the App.

Upon your Registration, Box It Now grants you a non-exclusive, royalty-free, worldwide right and license to use the App. Use of the App does not transfer title to it, or any intellectual property rights therein, to you. You shall not download, decompile, reverse engineer, disassemble, redistribute, sell, or otherwise reduce the Software Application to a machine or human readable form. The expression, source code, and object code of the Software Application is protected by United States and International law and other intellectual property proprietary rights and may not be copied or imitated in whole or in part. Box It Now is the owner or licensee of all rights in and to the Software Application, and it has the right to modify, convert, or remove it, or any part thereof, at its sole discretion, at any time, without notice.

Use on Electronic Devices. You may install and use the registered App concurrently on one or more electronic tablets, smart phones, desktops, or laptop computers or other electronic storage devices. If you are a private business rather than an individual, you may authorize the personnel associated with your business to use the Software Application.

LIMITATIONS ON USE

You may not rent, lease, lend, sell, redistribute, or sublicense the App.

You may not reverse engineer, decompile, disassemble, or attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The terms of this license govern any upgrades provided by Box It Now that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

With respect to technical information you provide to Box It Now as part of the registration of your license to use the Software Application, Box It Now may use such information for its own business purposes, including for product support and development. However, Box It Now will not utilize such information in a form that personally identifies you.

PROPRIETARY RIGHTS

Copyright. All title and copyrights in and to the Software Application (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Application), any accompanying media and printed materials, and any copies of the Software Application are owned by Box It Now or its suppliers. The Software Application is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Application like any other copyrighted material, subject to the provisions of this Agreement.

Commercial Items. The Software Application and related documentation are “Commercial Items” as defined at 48 CFR §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 CFR §12.212 or 48 CFR §227.7202, as applicable. Consistent with 48 CFR §12.212 or 48 CFR §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end-users (a) only as Commercial Items and (b) with only those rights as are granted to all other end-users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.

Submissions. Should you decide to transmit to Box It Now’s website by any means or by any media any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved Uses and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically grant Box It Now and its assigns a nonexclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of and display and perform the same.

DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS." BOX IT NOW AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE APP OR SUCH FILES. BOX IT NOW AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION. In particular, there is no warranty for the optional virus scanning feature; the Software Application does not scan for viruses, it simply runs external programs that claim to perform this function.

Box It Now does not warrant the accuracy or functionality of any files generated by or included with the Software Application. You are responsible for validating the contents of any file(s) obtained from or used with the Software Application. Good procedure dictates that any program or application be thoroughly tested with non-critical data before relying on it. The user assumes the entire risk of using the Software Application.

LIMITATION OF LIABILITY

NEITHER BOX IT NOW NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR OTHER REPRESENTATIVES, SHALL BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE PURCHASE PRICE FOR THE PRODUCT OR USES COVERED BY THIS AGREEMENT. ALSO, NEITHER BOX IT NOW NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR OTHER REPRESENTATIVES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THIS APPLICATION, THE MATERIALS CONTAINED HEREIN, PRODUCTS PURCHASED HEREIN, OR ANY OTHER HYPERLINKED WEBSITE ACCESSED THROUGH THIS APPLICATION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BOX IT NOW IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SAME. BOX IT NOW RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THIS APPLICATION AT ANY TIME WITHOUT NOTICE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THIS WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.

Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to you.

FEES

Your use of certain features of the App is made possible by your purchase of “Credits” from Box It Now as described on the Box It Now Price List. Paid Credits will be retained in your account until you use them to perform operations with the App. When you have used your Credits, you will no longer be able to perform these operations; however, your completed work belongs to you. Unused credits are not refundable. Box It Now has the right to change the Price List and/or the contents of the App at any time without notice to you.

GOVERNING LAW

The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Software Application.

TERMINATION

We reserve the right to suspend or end the use of the App at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the App in any way that would cause us legal liability or disrupt others’ use of the App. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

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