End-User License Agreement
This End-User License Agreement (EULA) is a legal agreement between you (either as an individual or on behalf of an entity) and On The Spot Media, Inc. (“OTSM”) regarding your use of EZSpot Client desktop and server applications, and associated documentation (the "Software"). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS EULA, DO NOT INSTALL, USE OR COPY THE SOFTWARE.
· You must agree to all of the terms of this EULA to use this Software.
· If so, you may use the Software for free and for any lawful purpose.
· This Software automatically communicates with OTSM servers to query and receive advertising media; and can be see all information by setting log levels to “VERBOSE”.
· This Software is provided "as-is" with no warranties, and you agree that OTSM is not liable for anything you do with it.
· You really ought to just go ahead and read the whole EULA. It's not all that long. You should not only rely on this summary.
By downloading, installing, using, or copying the Software, you accept and agree to be bound by the terms of this EULA. If you do not agree to all of the terms of this EULA, you may not download, install, use or copy the Software.
This EULA entitles you to install as many copies of the Software as you want, and use the Software for any lawful purpose consistent with this EULA. Your license to use the Software is expressly conditioned upon your agreement to all of the terms of this EULA. This software is licensed, not sold. OTSM reserves all other rights not granted by this EULA.
1. When using the Software you must use it in a manner that complies with the applicable laws in the jurisdiction(s) in which you use the Software.
2. You may not sell, resell, rent, lease or exchange the Software for anything of value.
3. You may mot redistribute the software.
4. You may not remove or alter any proprietary notices or marks on the Software.
The Software automatically communicates with OTSM to query and receive advertising media,
1. Automatic Advertising Media Delivery The Software communicates with OTSM to determine whether there are any advertising media, patches, bug fixes, updates, upgrades or other modifications. You agree that the Software may automatically download advertising media and install any such improvements to the Software on your computer without providing any further notice or receiving any additional consent. This feature may not be disabled. If you do not want to receive automatic updates, you must uninstall the Software.
2. Error Reports. In order to help us improve the Software, when the Software encounters certain errors, it will automatically log them. You are responsible to send some information to OTSM about the error.
3. Anonymized Usage Data. OTSM collects anonymized data about your usage of the Software to help us make it more awesome.
The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of OTSM. OTSM reserves all rights in and to the Software not expressly granted to you in this EULA.
The names OTSM, EZSpot, EZSpot Client Service, EZSpot Client Configuration for Windows, and related OTSM logos and/or stylized names are trademarks of OTSM. You agree not to display or use these trademarks in any manner without OTSM's prior, written permission, except as allowed by OTSM's Logos and Usage Policy: https://www.onthespotmeddia.com/logos.
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. OTSM does not warrant that (i) the Software will meet your specific requirements; (ii) the Software is fully compatible with any particular platform; (iii) your use of the Software will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Software will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations; or (vi) any errors in the Software will be corrected.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OTSM SHALL NOT BE LIABLE 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 OTSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SOFTWARE, including, for example: (i) the use or the inability to use the Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Software; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Software; (v) or any other matter relating to the Software.
OTSM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. OTSM shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Software.
1. If you configure the Software to work with one or more accounts on the OnTheSpotMedai.com website or with an instance of OTSM Suite, or with an instance of Station Services Dashboard your use of the Software will also be governed by the OntheSpotMedia.com website Terms of Service and/or the license agreement applicable to your instance of OTSM Suite and Station Services Dashboard.
2. The failure of OTSM to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.
3. This EULA constitutes the entire agreement between you and OTSM and governs your use of the Software, superseding any prior agreements between you and OTSM (including, but not limited to, any prior versions of the EULA).
4. You agree that this EULA and your use of the Software are governed under California law and any dispute related to the Software must be brought in a tribunal of competent jurisdiction located in or near San Francisco, California.
5. Please send any questions about this EULA to StationServices@OnTheSpotMedia.com.