End User License Agreement (EULA) for Sailor's Brew Coffee App
Effective Date: March 27, 2024
This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Sailor's Brew Coffee LLC ("Company," "we," "us," or "our") regarding your use of Sailor's Brew Coffee App and associated media, printed materials, and online or electronic documentation (collectively, the "Application"). By installing, copying, downloading, accessing, or otherwise using the Application, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Application.
License Grant
Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive, non-transferable license to download, install, and use the Application for your personal, non-commercial purposes strictly in accordance with the Application's documentation.
Restrictions
You agree not to:
- Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application.
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof.
- Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual or proprietary rights notices from the Application, including any copy thereof.
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time.
Reservation of Rights
The Company reserves all rights not expressly granted to you in this Agreement.
Intellectual Property Rights
Ownership. The Application, including but not limited to its source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application ("Our Content"), is owned or controlled by us and is protected by copyright, trade secrets, trademarks, and other intellectual property or proprietary rights laws. Except as expressly provided in this Agreement, no part of the Application and no Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
License to Use. Subject to your compliance with this Agreement, we grant you a non-exclusive, non-transferable, revocable license to access and use the Application solely for your personal, non-commercial use, and only in accordance with the terms of this Agreement and any other agreement you may have with us. This license does not allow you to make any use of the Application or Our Content other than for personal use and does not allow you to distribute, prepare derivative works, publicly display, or otherwise use the Application and Our Content in any way that violates the intellectual property rights of us or any third party.
Trademark Information. The trademarks, logos, and service marks displayed on the Application ("Marks") are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Copyright Infringement. We respect the intellectual property rights of others. If you believe that any material available on or through the Application infringes upon any copyright you hold, please immediately notify us using the contact information provided below. Upon receipt of a notice of copyright infringement, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Application.
User Contributions. The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Application’s Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, trademark, patent, trade secret, or moral rights of any third party.
Content and Services
The Application may provide you with access to the Company's website (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by the Website's Terms of Use and Privacy Policy, which are incorporated herein by reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
No Warranties
AS IS and AS AVAILABLE Disclaimer. The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free, or that any errors or defects can or will be corrected.
Without Prejudice to the Generality of the Foregoing, the Company does not warrant or represent that the content available on or through the Application is accurate, reliable, up-to-date, or correct; that the Application will be available at any particular time or location; that any defects or errors will be corrected; that the Application is free of viruses or other harmful components; or that the results of using the Application will meet your requirements or expectations. You assume full responsibility and risk for your use of the Application and for any content downloaded or otherwise obtained from or through the Application.
This clause shall survive any termination or expiration of this Agreement.
Limited Liability
Limitation of Liability. To the maximum extent permitted by applicable law, in no event will the Company, its affiliates, directors, employees, agents, suppliers, or licensors be liable for any personal injury, property damage, lost profits, lost data, cost of substitute goods or services, loss of use, loss of goodwill, business interruption, computer failure or malfunction, or any indirect, incidental, consequential, exemplary, punitive, or special damages, arising out of or in any way related to your use of or inability to use the Application, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not the Company has been advised of the possibility of such loss or damage.
Cap on Liability. Without limiting the foregoing, the total liability of the Company, its affiliates, directors, employees, agents, suppliers, and licensors, for any reason whatsoever related to use of the Application, shall not exceed the amount that you have paid to the Company in connection with the subject matter of the potential claim in the six (6) months preceding the claim. This limitation shall apply even if the above stated remedy fails of its essential purpose and to the fullest extent permitted by law.
Essential Basis. You acknowledge and agree that the Company has offered the Application and entered into this EULA with you in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and the Company, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and the Company. The Company would not be able to provide the Application to you on an economically reasonable basis without these limitations.
User Acknowledgment. You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
This limitation of liability section shall survive any termination or expiration of this Agreement and apply to the fullest extent permitted by law.
Updates
The Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Feedback and Suggestions. The Company encourages you to provide feedback, suggestions, and ideas about the Application and our services ("Feedback"). You agree that all Feedback you give to the Company will be considered non-confidential and non-proprietary. By submitting any Feedback, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, and publicly display any such Feedback for any purpose and in any manner without recognition, compensation, or acknowledgement to you. This includes, without limitation, incorporating your Feedback into the Application or any of the Company's products or services without any obligation of confidentiality, attribution, or compensation to you. The Company shall have no obligations concerning the Feedback, including but not limited to, any obligation to return any materials or acknowledge receipt of any Feedback, to keep any Feedback confidential, or to develop, use, or refrain from using any Feedback.
Ownership of Suggestions. You hereby waive any rights you may have in any Feedback, and you hereby acknowledge that the Company may have developed or may in the future develop ideas identical to or similar to Feedback you provide. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
Term and Termination
This Agreement shall remain in effect until terminated by you or the Company. This Agreement will terminate immediately, without prior notice from the Company, if you fail to comply with any provision of this Agreement. Upon termination, you must cease all use of the Application and delete all copies of the Application from your device.
Severability
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Governing Law
This Agreement is governed by and construed in accordance with the laws of California/United States without giving effect to any choice or conflict of law provision or rule.
Entire Agreement
This Agreement constitutes the entire agreement between you and the Company regarding the Application and supersedes all prior and contemporaneous written or oral agreements between you and the Company regarding the Application.
Contact Information
If you have any questions about this Agreement, please contact us at
Email: admin@sailorsbrewcoffee.com
Mail: Sailor's Brew Coffee LLC 24307 Magic Mountain Pkwy, Suite 1045, Valencia, CA 91355