The C9 Plugins (“Plugins”) are licensed under the GNU general public license (http://www.gnu.org/licenses/gpl.html). Covert Nine provides the Plugins “as is.” Covert Nine disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We do not make any warranty that the Plugins will be error free or that access thereto will be continuous or uninterrupted. You understand that you are downloading the Plugins at your own risk.
By downloading the Plugins from our website, you agree that you will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside); will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities; will not infringe or misappropriate the intellectual property rights of any third party; will not be used to send spam or bulk unsolicited messages; will not interfere with, disrupt, or attack any service or network; and will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.
In no event will Covert Nine be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold us and our contractors, directors, officers, members, managers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of the Plugins including but not limited to your violation of these terms, content or websites you create and any commercial activities conducted by you.
You may not claim intellectual or exclusive ownership rights to any of the Plugins. All Plugins (excluding underlying opensource code) are the property of Cover Nine. They are provided “as is” without warranty of any kind, expressed or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our products.
These terms shall be governed by the laws of the state of Illinois. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules.