We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms on the www.iboard.com website periodically for changes. Your continued use of the IBOARD LLC iBoard® software and enabled Third Party Software Titles following the posting of changes to these terms will mean you accept those changes.
1. General. All software, documentation and any content accessed through the software you have downloaded or installed (collectively, "iBoard®") are protected by United States and international laws, including copyright laws and treaties. IBOARD LLC, its affiliates, and their respective licensors own all right, title and interest to iBoard®. Except for the specific rights licensed to you hereunder, IBOARD LLC reserves all of its rights to iBoard®. The mark "IBOARD LLC” (and related logo) and the mark "iBoard®” are trademarks or service marks of IBOARD LLC.
2. Title Not Transferred. These terms do not transfer title to iBoard® to you. The rights granted herein are limited to certain of IBOARD LLC’s and its licensors' rights and do not include any other patents or other intellectual property rights. As between you and IBOARD LLC, you own the medium on which you record the software underlying iBoard® (e.g., you own the hard drive on your computer). However, IBOARD LLC and its licensors retain full and complete title to iBoard® and all intellectual property rights therein.
3. License and Restrictions. IBOARD LLC hereby grants you, free of charge, a non-exclusive license to install and use one copy of iBoard® on a single computer (or one copy on each computer you use) for personal, non-commercial use only. You may not make iBoard® available over a network where it could be used on multiple computers simultaneously.
IBOARD LLC may configure iBoard® with certain tags that identify the version of iBoard® being used on your computer and which permit IBOARD LLC to update this version and its associated content without further notice to you. IBOARD LLC shall have the right to poll your computer for the purpose of installing updated versions of iBoard®, to uninstall such versions automatically, or to upload non-personal related tracking data.
You may not (and you agree not to permit another person to): (i) redistribute, sell or otherwise copy iBoard®; (ii) modify, translate or create derivative works based on iBoard®; (iii) attempt to decompile, reverse engineer, disassemble or otherwise reduce iBoard® to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; (iv) remove any identification, copyright or other proprietary notices; or (v) create software that incorporates iBoard®. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that iBoard® is not intended for use in connection with any high risk or strict liability activity and IBOARD LLC makes no warranty and shall have no liability in connection with the use of iBoard® in any such situations.
4. Disclaimer of Warranties. IBOARD (INCLUDING WITHOUT LIMITATION ANY CONTENT) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IBOARD LLC DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT IBOARD WILL MEET YOUR REQUIREMENTS, THAT YOUR ACCESS OR OPERATION OF IBOARD OR ANY CONTENT ACCESSIBLE THROUGH IBOARD WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE IBOARD LLC SITE OR THE OTHER SITES OF IBOARD LLC (OR ANY SERVERS THAT MAKE SUCH MATERIALS AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF IBOARD IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OR THAT THE USE OF IBOARD WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON'S USE OF THE COMPUTER(S) ON WHICH IBOARD IS DOWNLOADED OR INSTALLED OR THE NETWORK OF WHICH SUCH COMPUTER(S) ARE A PART.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IBOARD LLC OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
To the extent iBoard® offers any search features, you acknowledge that some content may not always be accessible. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in our search index or directories.
5. Indemnification. You hereby agree to indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Jurisdiction. Unless otherwise expressly specified, iBoard® (and any content) is presented solely for the purpose of promoting programs, films, and other products available in the United States and its territories, possessions, and protectorates. IBOARD LLC is operated from U.S. offices in Massachusetts and New Jersey. We make no representation that iBoard® is appropriate or available for use in any particular location. Those who choose to use iBoard® do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8. Termination. These terms are effective until terminated by either party. We reserve the right, in our sole discretion, to terminate your access to any or all of iBoard® and the related services or any portion thereof at any time, without notice, which such termination may include an automatic un-install by IBOARD LLC of iBoard® from your computer. You may terminate these terms at any time by discontinuing use of iBoard®, erasing the iBoard® enabled Third Party Software Title from all computer memories and storage devices within your possession or control, and destroying all materials obtained from iBoard® and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. The iBoard® foundation application can be removed by either removing the “IBOARD INC iBoard®” line item found in your Control Panels “Add or Remove Programs”. We reserve the right, in our sole discretion, to terminate your (or any group of users') access to any or all of iBoard® and the related services or any portion thereof at any time, without notice. Upon termination, you must cease use of iBoard®, erase the iBoard® enabled Third Party Software Title from all computer memories and storage devices within your possession or control, and destroy all materials obtained in connection with iBoard® and all related documentation and all copies and installations thereof, whether made under these terms or otherwise.
10. Export Law Assurances. You agree not to use or otherwise export or re-export iBoard® except as authorized by United States law and the laws of the jurisdiction in which iBoard® was obtained. Without limiting the foregoing, iBoard® may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By installing iBoard®, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
11. Government End Users. iBoard® (and its components) are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. IBOARD LLC reserves any unpublished rights.
12. Miscellaneous. These terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New Jersey County, New Jersey, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. No delay or omission by IBOARD LLC in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of these terms and conditions will impair any such right or be construed to be a waiver thereof, and a waiver by IBOARD LLC of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. The captions of these terms and conditions have been inserted solely for convenience of reference, in no way define or limit the scope or substance of any provision of these terms and conditions, and will not be considered in interpreting these terms and conditions. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then these terms and conditions will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, these terms and conditions sets forth the entire agreement between you and IBOARD LLC regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter.