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End User License Agreement
This InQuizIt End User License Agreement ("EULA") governs your ("your" "you" or "Registered User") use of the InQuizIt software (the "Software"), including all user manuals, technical manuals, and any other materials provided by InQuizIt, in printed, electronic, or other form, that describe the Software or its use or specifications (the "Documentation") provided to you ("you" or "your") for use pursuant to and subject to a Subscription Agreement (the "Subscription Agreement") between InQuizIt ("InQuizIt") and the entity who owns or otherwise lawfully controls the computer on which the Software is installed ("Licensee"). BY ACCEPTING THESE TERMS, YOU: (i) REPRESENT THAT YOU ARE DULY AUTHORIZED BY LICENSEE TO ACCESS AND USE THE SOFTWARE; AND (ii) ACCEPT THIS INQUIZIT END USER LICENSE AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND VIA THEM.
License Grant
Subject to your compliance with this EULA, InQuizIt hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, license to use the Software solely in accordance with the Documentation, as installed on the equipment provided by Licensee and for Licensee's internal business purposes. The foregoing licensee will terminate immediately on the earlier to occur of: (a) the expiration or earlier termination of the Subscription Agreement between InQuizIt and Licensee; or (b) you are ceasing to be authorized by Licensee to use the Software for any or no reason.
Registering for an Account
In order to use or access certain Software or features of the Software, you may be asked to register for a user account (an "Account") as a Registered User. By becoming a Registered User, you agree to: Provide accurate, current, and complete information about the Registered User during the registration process; Maintain and promptly update such information to keep it accurate, current, and complete; Maintain the security of your password and login information, and that you will not disclose your password or login information to any third party; Accept full responsibility for all use of any Account you register, and for any actions that arise from or take place using your Account, whether or not you have authorized such actions or use; and Immediately notify Licensee and InQuizIt of any unauthorized use of your Account.
Representations & Warranties to InQuizIt
By using our Software, you represent, warrant, and agree: You meet all eligibility requirements expressed in this EULA; You are solely responsible for the accuracy, legality, and appropriateness of your use of the Software, including all data, files, and communications entered into the Software, as well as the use of downloadable assets generated from the Software; and You will only use our Software for lawful purposes.
Use Restrictions
You shall not, directly or indirectly: Use the Software or Documentation except as set forth in this EULA; Copy the Software or Documentation, in whole or in part; Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software or any part thereof; Combine the Software or any part thereof with, or incorporate the Software or any part thereof in, any other programs; Attempt to remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security features. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof; Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices included on or in the Software or Documentation, including any copy thereof; Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise provide any access to or use of the Software or any features or functionality of the Software, for any reason, to any other person or entity, including any subcontractor, independent contractor, affiliate, or service provider of Licensee, whether or not over a network and whether or not on a hosted basis, including in connection with the internet, web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service; Use the Software or Documentation in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems; Use the Software or Documentation in violation of any law, regulation, or rule; or Use the Software or Documentation for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that is to the InQuizIt's commercial disadvantage. Failure to abide by the above section constitutes a breach of this EULA, which may result in immediate termination of your Account or other access to the Software.
Updates
InQuizIt may from time to time in its sole discretion develop and provide updates to the Software, which may include upgrades, bug fixes, patches, other error corrections, and/or new features or removal of old features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You further agree that all Updates will be deemed part of the Software and be subject to this EULA.
Input & Output Terms
Content Ownership
You are responsible for all content and personal information you upload to the Software ("Input") including ensuring that it does not violate any applicable laws or this EULA. You represent, warrant, and agree that you have all necessary rights and permissions to provide the Input to the Software.
License to InQuizIt
By entering Input into the Software, you grant to InQuizIt a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute the Input. This license survives termination of this EULA by any party, for any reason. We may use Content to provide, maintain, develop, and improve our Software, comply with applicable law, train our artificial intelligence software, enforce our terms and policies, and keep our Software safe.
Similarity of Output
Due to the nature of our Software and artificial intelligence generally, Output may not be unique and other users may receive similar output from our Software.
Responsible Use
When you use our Software you represent, warrant, and agree that you will not rely on Output as a sole source of factual information. You must evaluate Output for accuracy and appropriateness for your use case. InQuizIt is not responsible for any action, or inaction, taken as a result of Output.
Collection and Use of Information
InQuizIt may, directly or indirectly through the services of others, collect and store information regarding use of the Software and about equipment on which the Software is installed or through which it otherwise is accessed and used. You agree that the InQuizIt may use such information for any purpose related to any use of the Software by you, including but not limited to: (i) improving the performance of the Software or developing updates; and verifying compliance with the terms of this EULA and enforcing InQuizIt's rights, including all intellectual property rights in and to the Software.
Intellectual Property Rights
You acknowledge that the Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Software under this Agreement, or any other rights to the Software other than to use the Software in accordance with the license granted under this Agreement, subject to all terms, conditions, and restrictions. InQuizIt reserves and shall retain its entire right, title, and interest in and to the Software and all intellectual property rights arising out of or relating to the Software, subject to the license expressly granted to the Licensee in this Agreement. You shall safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access.
Feedback
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information unrelated to information you provide ("Feedback"), provided by you to InQuizIt is non-confidential, and InQuizIt will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Disclaimer of Liability
IN NO EVENT WILL LICENSOR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE. YOU ARE PROVIDED THE SOFTWARE PURSUANT TO THE SUBSCRIPTION AGREEMENT BETWEEN LICENSOR AND LICENSEE, SOLELY FOR THE BENEFIT OF LICENSEE AND AT LICENSEE'S DISCRETION. YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER THAT AGREEMENT INCLUDING ANY RIGHTS TO ENFORCE ANY OF ITS TERMS. ANY OBLIGATION OR LIABILITY LICENSOR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR LICENSORS OR SERVICE PROVIDERS, MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE SOFTWARE SHALL BE SOLELY TO LICENSEE PURSUANT TO THAT AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.
Indemnity and Release
You agree to release, indemnify, and hold harmless InQuizIt, its affiliates, and its and their respective officers, employees, directors, members, and agents from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of, or relating to, your use of Software and interactions with us, your violation of this EULA, or your violation of any rights of another.
Export Regulation
The Software may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Software to, or make the Software or Documentation accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Software available outside the US.
Modification
We may modify this EULA at any time. We will notify you of any changes as they occur. Your continued use of our Software or continued interactions with us after the date of any such changes become effective constitutes your acceptance of this EULA.
Governing Law
The validity, interpretation, construction, and performance of this EULA shall be governed by the laws of the United States, where applicable, and otherwise by the laws of the State of Indiana, without regard to its principles of conflicts of laws. Any dispute arising out of this EULA shall be heard in a court of competent jurisdiction over cases and controversies arising in Allen County, Indiana.
No Waiver
The failure of InQuizIt to exercise or enforce any right or provision of this EULA will not constitute a waiver of such right or provision.
Severability
In case any provision of this EULA is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
Claim Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of the Software or this EULA must be filed within one (1) year after such claim or cause of action arose or be forever barred.