End User License Agreement
More Vang END USER LICENSE AGREEMENT (“EULA”) FOR “MYTHOS” SOFTWARE
Effective as of January 2021
IMPORTANT – YOUR EMPLOYER HAS ENTERED INTO A MASTER SERVICE AGREEMENT (“MSA”) WITH GLOBAL PRINTING, INC. D/B/A MORE VANG (“More Vang”) TO PERMIT YOU TO USE THIS SOFTWARE AS AN “AUTHORIZED USER.” THE TERM “YOU” OR “YOUR” SHALL REFER TO YOU AS AN INDIVIDUAL AND AS A REPRESENTATIVE OF YOUR COMPANY. YOU SHOULD FIRST READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS END USER LICENSE AGREEMENT (“EULA”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THE MYTHOS SOFTWARE (“More Vang Commercial Software”). MORE VANG IS WILLING TO LICENSE THE USE OF THE MORE VANG COMMERCIAL SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS EULA. IF YOU, ON BEHALF OF YOUR COMPANY, DO NOT AGREE WITH THIS EULA OR IF YOU HAVE NOT GAINED ACCESS TO THE MORE VANG COMMERCIAL SOFTWARE PURSUANT TO THE EXECUTION OF A MASTER SERVICE AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE MORE VANG COMMERCIAL SOFTWARE AND ARE INSTRUCTED TO EXIT THE MORE VANG COMMERCIAL SOFTWARE IMMEDIATELY.
Terms and Conditions
- LICENSE GRANT. More Vang grants You a non-exclusive, limited term, and worldwide right and license, to access and use the More Vang Commercial Software (and its available functionality) only in the form made available by More Vang in accordance with Your Company’s MSA conditioned on Your continued compliance with the terms and conditions of this EULA. Notwithstanding anything to the contrary, Your use of More Vang Commercial Software is subject to the terms and conditions of this EULA.
- RESTRICTIONS. You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any legends, notices, or markers, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the More Vang Commercial Software. Moreover, You may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the More Vang Commercial Software or in any way reproduce or circumvent the navigational structure or presentation of the More Vang Commercial Software to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the More Vang Commercial Software; (ii) attempt to gain unauthorized access to any portion or feature of the More Vang Commercial Software, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the More Vang Commercial Software or to any More Vang server or to any of the services offered on or through the More Vang Commercial Software by hacking, password “mining,” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the More Vang Commercial Software or any network connected to the More Vang Commercial Software, or breach the security or authentication measures for the More Vang Commercial Software or any network connected to the More Vang Commercial Software; (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the More Vang Commercial Software; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the More Vang Commercial Software or More Vang’s systems or networks or any systems or networks connected to the More Vang Commercial Software; (vi) use any device, software, or routine to interfere with the proper working of the More Vang Commercial Software or any transaction conducted on or through the More Vang Commercial Software or with any other person’s or entity’s use of the More Vang Commercial Software, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise Your identity or the origin of any message or transmittal You send to More Vang on or through the More Vang Commercial Software; (viii) use the More Vang Commercial Software harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, or otherwise permit third parties to access and use the More Vang Commercial Software (or any part thereof) without More Vang’s express, separate, and prior written permission; or (x) use the More Vang Commercial Software in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact More Vang.
- AUTHORIZED USER OBLIGATIONS. You represent and warrant to More Vang that (i) You are of the legal age of majority and are authorized and able to fulfill and perform the obligations and meet the conditions of an Authorized User as specified herein, (ii) You have all rights and permission necessary to submit, display, or make available any materials or information submitted to the More Vang Commercial Software and have obtained at Your sole expense all necessary consents, rights, permissions, and clearances (and provided More Vang with reasonable proof thereof (if requested)) required for More Vang to use such materials or information in connection with the More Vang Commercial Software; and (iii) You have all required permits, licenses, and other governmental authorizations and approvals to use the More Vang Commercial Software for Your purposes. You also represent that You are able to assume all responsibility for Your use, and the results of Your use, of the More Vang Commercial Software, including meeting any legal or certification standard or any requirements of Your contracts with third parties or other persons. Your access and use the More Vang Commercial Software on Your own volition and are responsible for compliance with all applicable laws with respect to Your use. In particular, You shall not export the More Vang Commercial Software (or access thereto) without complying with such laws, orders, restrictions, or regulations. You also acknowledge and agree that use of the Internet and access to the More Vang Commercial Software is solely at Your own risk. While More Vang has endeavored to create a secure and reliable solution, You should understand that the confidentiality or reliability of any information or material transmitted stored with the More Vang Commercial Software or to/from the More Vang Commercial Software over the Internet or other form of global communication network cannot be guaranteed. You must make Your own determination as to such issues. You also agree to assume all responsibility for obtaining and paying for all licenses and costs for third party software and hardware necessary for implementation of the More Vang Commercial Software, and maintaining and backing up any of Your data notwithstanding any of More Vang’s responsibilities. Any support, training, updates, upgrades, storage, security, or maintenance of or for the More Vang Commercial Software shall only be available pursuant to the terms and conditions of a separate written agreement with More Vang (as agreed to by More Vang in its sole discretion).
- AUTHORIZED USERNAME HANDLING POLICY. Registration as an Authorized User for access to certain areas of the More Vang Commercial Software may require both a user name and a password. More Vang Commercial Software may grant access to multiple Authorized Users for one account. Each Authorized User will have an unique username and password. You agree to consider Your user name and password as confidential information and to keep Your user name and password confidential. You also agree not to use another Authorized User’s username and password. You will immediately notify More Vang if You become aware of any loss or theft of Your password or any unauthorized use of Your username and password. More Vang cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations. More Vang reserves the right to delete or change a username or password at any time and for any reason.
- PROPRIETARY RIGHTS. This EULA provides only a limited license to use the More Vang Commercial Software. Except as expressly provided herein, More Vang does not grant any express or implied right to You or any other person under any intellectual or proprietary rights. Accordingly, You expressly acknowledge and agree that More Vang transfers no ownership or intellectual property interest or title in and to the More Vang Commercial Software to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the More Vang Commercial Software, unless otherwise indicated, are owned, controlled, and licensed by More Vang (or its licensors, affiliates, or subsidiaries) and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Unless otherwise noted, the More Vang Commercial Software is “Copyright © 2020 More Vang All rights reserved.” MORE VANG and all other names, logos, and icons identifying More Vang and its programs, products, and services are proprietary trademarks of More Vang, and any use of such marks, including, without limitation, as domain names, without the express written permission of More Vang is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
- LINKS TO OTHER SITES. More Vang may provide links, in its sole discretion, to other sites on the World Wide Web for Your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by More Vang and are maintained by third parties over which More Vang exercises no control. Accordingly, More Vang expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
- GOVERNING LAW. This EULA has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the Commonwealth of Virginia, U.S.A. as applied to agreements entered into and completely performed in the Commonwealth of Virginia.
- ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the More Vang Commercial Software may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. More Vang reserves the right to view, monitor, and record activity on the More Vang Commercial Software without notice or permission from You, including, without limitation, by archiving notices or communications sent by You through the More Vang Commercial Software. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the More Vang Commercial Software as well as to disclosures required by or under applicable law or related government agency actions. More Vang will also comply with all court orders involving requests for such information. In addition to the foregoing, More Vang reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the More Vang Commercial Software, or any portion of the More Vang Commercial Software, in order to protect the More Vang Commercial Software, More Vang, or More Vang’s business.
- TERM AND TERMINATION. This EULA and Your right to use the More Vang Commercial Software will take effect at the moment You click “I ACCEPT” or You install, access, or use the More Vang Commercial Software, and is effective until terminated as set forth below or until expired or terminated as set forth in Your MSA with More Vang. This EULA will terminate automatically if You click “I REJECT” or if You or Your organization has failed to execute or no longer has in place an active MSA. In addition, this EULA will also terminate automatically if You fail to comply with this EULA. Termination will be effective without notice. Upon termination, You must destroy all copies of any aspect of the More Vang Commercial Software in Your possession. In addition to the “Miscellaneous” provision, the provisions concerning restrictions, More Vang Commercial Software’s proprietary rights, feedback, disclaimer of warranty, enforcing security, indemnity, and limitation of liability will survive the termination of this EULA for any reason.