EULA

Last updated: Apr 30, 2023 7:30 PM

Please read this End User License Agreement ("EULA") carefully before installing and using the 1122 Avenue Digital Suite software ("the Software") operated by 1122 Avenue Digital Solutions LLC, a(n) Limited Liability Company formed in California, United States as this EULA contains important information regarding the limitations of our liability. Your access to and use of the Software is conditional upon your acceptance of and compliance with this EULA. This EULA applies to everyone, including viewers, users, and others who wish to access or use the Software.

By accessing or using the Software, you agree to be bound by this EULA. If you disagree with any part of this EULA, you do not have our permission to access and use the Software.

License rights

1122 Avenue Digital Solutions LLC grants you the non-exclusive, revocable, limited license to install and use the Software subject to the terms contained in this End User License Agreement. The license that is granted to you is solely for business and commercial use only. You may not use the software for personal or non-commercial uses. You are hereby prohibited from any reproduction of the Software. You may install only 1 copies of this Software.

WARRANTY

NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) SHALL APPLY TO THE SOFTWARE; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. 1122 Avenue Digital Solutions LLC MAKES NO WARRANTY REGARDING FREEDOM FROM BUGS OR UNINTERRUPTED USE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL 1122 Avenue Digital Solutions LLC BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REIMBURSEMENTS, LOST DATA, OR LOST SAVINGS, DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CUSTOMER’S RECORDS, PROGRAMS OR SERVICES), IRRESPECTIVE IF WE WERE ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

MAXIMUM LIABILITY

THE AGGREGATE LIABILITY OF 1122 Avenue Digital Solutions LLC ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU FOR THE SOFTWARE.

Updates and Maintenance

1122 Avenue Digital Solutions LLC may need, from time to time, to make additions and upgrades to the Software. It shall be at the sole discretion of 1122 Avenue Digital Solutions LLC to make releases of such updates to you, provided that you may need to agree to any changed EULA before the installation of the updates. Any updates and maintenance to the Software shall be done free of charge to you.

DISPUTE RESOLUTION

Any controversy or claim arising out of or relating to this End User License Agreement including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Ventura County, California, United States.

YOU AND 1122 Avenue Digital Solutions LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Changes

We reserve the right to make changes to this End User License Agreement at any time. We will not provide you with any notice when we make changes to this End User License Agreement.

Questions

If you have any questions about this EULA, please contact us at [email protected].