This O'neil customer agreement iinding agreement between O'neil datatech LLC O'neil AND THE company OR other legal entity YOU represent licensee.
IF YOU DO NOT have such authority, OR IF YOU DO NOT agree with THE terms AND conditions OF this agreement, YOU must select THE "decline" button AND YOU MAY NOT USE THE services.
Downtime and Service Suspensions; Security.Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable Law.Authorization and License to Use the Services.IN NO event will O'neil BE liable FOR consequential, incidental, special, indirect, OR exemplary damages arising OUT OF this agreement, however caused AND under ANY theory OF liability (including negligence even IF O'neil HAS been advised OF THE possibility OF such damages.The term of this Agreement Term will commence, and you may begin using the Services, once you agree to the terms and conditions of this Agreement by clicking the "Accept" button below and complete the registration process for your O'Neil Web Services account.Arbitration will take place in Orange County, California, USA.Notwithstanding the foregoing, Licensee, upon written notice to O'Neil, shall be entitled to assign this Agreement to a successor in interest of all or substantially all of its assets, or to a successor in interest by way of merger, consolidation or reorganization; provided that (i).Licensee will (i) allow only authorized employees of Licensee to use each developer/administrator account and password provided by O'Neil to Licensee; (ii) take full responsibility for all activities by employees, consultants and Users of Licensee that occur under such accounts and the Service generally; and.
The Parties agree that the Service (and all the underlying technology and software O'Neil DataTech LLC Website and any enhancements or modifications thereto, are the sole and exclusive property of O'Neil, and except for the limited licenses granted in this Agreement, nothing in this Agreement.
THE licensee further agrees that O'neil will NOT BE liable FOR ANY lost profits, loss OF data, OR costs OF procurement OF substitute goods OR services, OR FOR ANY claim OR demand against THE licensee BY ANY other party (except FOR such claims AND demands.
All right, title and interest, including all Intellectual Property Rights, in and to the Licensee Intellectual Property, together with any Licensee Content and the Application remains with Licensee.
Neither Party shall have any right, power or authority to create any obligation, express or implied, on behalf of the other Party, nor shall O'Neil or Licensee act or represent or hold itself out as having authority to act as an agent red hot cherry gokkast or partner.These exclusions and limitations are conditions for entering into this Agreement.IF YOU ARE entering into this agreement OB behalf oompany OR other legal entity, YOU represent that YOU have THE legal authority TO bind THE legal entity TO this agreement, IN which case "licensee" shall mean such entity.Term, Termination and Suspension.This Agreement shall constitute the complete and entire agreement between the Parties and supersedes any prior or contemporaneous agreements between the Parties with respect to its subject matter.The Agreement will remain in effect until terminated by you or us in accordance with Section.Intellectual Property Rights.O'Neil DataTech LLC 11 Cushing Suite 100 Irvine,.3.Termination by O'Neil Other Than for Cause.