Memorial Link LLC
PLEASE READ AGREEMENT BEFORE USING

Customer Software License Agreement

This WEBSITE contains texts, graphics, applications, and content either created or supplied by Memorial Link LLC ("ML") and its Clients ("CLIENT"). Certain images and designs of the Website were developed and are owned and distributed by ML. Your license, as set forth below, to use the Website is granted by ML and its CLIENT.

1. License: You have the limited non-exclusive right and license to use the Website under the terms and conditions contained in this Agreement. You may physically transfer the consumer data from one computer to another or printer provided that the information is not used for resale or for any other purpose other than consumer's personal use. You may not provide copies of any copyrighted programs, graphics, images, or data to others and you may not assign, sublicense, rent, sell or otherwise transfer the copyrighted information to others, but you may permanently transfer the copyrighted information to another user provided that you retain no copies and the recipient agrees to the terms of this Agreement.

2. Copies and Modifications: You may not make any copy of the copyrighted programs, graphics, images, or data enclosed herein on the Websites. You may not copy, modify, reverse engineer, decompile or disassemble the copyrighted programs, graphics, images, or data contained herein.

3. Ownership: All rights, including but not limited to copyrights and trade secret rights, to and in each Website (including the content thereof) belong to ML and CLIENT, and other third parties. Your use of the Website (including the content and items printed incorporating content) is subject to U.S. and other applicable copyright and trademark laws, and nothing in this Agreement constitutes a waiver of the rights of ML, the CLIENT and other applicable third parties under such laws. Without limiting the foregoing, you may only sell or advertise products and services directly related to the funeral industry. Your use of certain any copyrighted programs, graphics, images, or data may be subject to additional restrictions as may be adopted from time to time.

4. Term: This license is effective from the day you use this Website until terminated. If you fail to comply with any term of this Agreement, this Agreement shall terminate your use without notice to you and you will be liable for any damages. In addition, ML, CLIENT, or any other third party may enforce their other legal rights.

5. Limited Warranty and Limitation of Liability: It is your responsibility to choose, maintain and match the hardware and software components of your computer system. Thus, ML does not guarantee uninterrupted service or correction of errors or that the functions or performance of the Website will meet your requirements. THIS WEBSITE IS LICENSED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND.

EXCEPT AS SPECIFICALLY PROVIDED ABOVE WITH RESPECT TO THE MEDIA, NO EXPRESS OR IMPLIED WARRANTY (OR CONDITION)* AS TO THE QUALITY OR PERFORMANCE OF THE WEBSITE, INCLUDING ANY WARRANTY (OR CONDITION)* OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS GIVEN FOR THE WEBSITE OR MATERIALS CONTAINED THEREIN, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED UNLESS OTHERWISE AGREED UPON. No other warranty or guaranty given by any person, firm or corporation with respect to the Website shall bind ML, the CLIENT or anyone else who has been involved in the creation, production or distribution of the Website.

IN NO EVENT SHALL ML, THE CLIENT OR ANY OTHER PERSON, FIRM OR CORPORATION BE RESPONSIBLE FOR ANY EXPENSE OR INCONVENIENCE INCURRED, ANY REVENUE OR PROFITS LOST, OR ANY OTHER DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR MISUSE OF, INABILITY TO USE, OR NONPERFORMANCE OF, THE WEBSITE.

Some states or provinces do not allow limitation of how long implied warranties last, and do not allow the exclusion or limitation of damages, so the above limitations may not apply to you. The limited warranty granted herein shall not extend to anyone other than the original user of the Website. This limited warranty gives you specific legal rights, and you may also have other rights which may vary from country to country.

6. Legal Restrictions: You agree that you shall not use the Website or the graphics or textual material contained in the Website for any unlawful purpose. The Website and the underlying information and technology may not be exported, directly or indirectly (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specialty Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using Website, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. If you are licensing Website on behalf of the U.S. Government, it shall be subject to "Restricted Rights", as that term is defined in the Federal Acquisition Regulations ("FARs") in paragraph 52.227-19(c)(2) or its equivalent in the DOD Supplement to the FARs or successor provisions. Contractor/Manufacturer for Website is CCSI.

7. Governing Law: This Agreement is governed by the laws of the State of Florida, United States of America, without giving effect to the conflicts of laws principles thereof.

8. Acknowledgment: BY CLICKING ON THE "SUBMIT" BUTTON BELOW , YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

 

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