End User License Agreement
End User License Agreement (EULA)
READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY ACCESSING PRODUCTS FROM IRIS MEDIA INC., AN OREGON CORPORATION DOING BUSINESS AS TRIFOIA (“TRIFOIA”), YOU ACCEPT AND AGREE TO BE BOUND BY TERMS OF THIS EULA. In downloading, using, and/or accessing any of Trifoia’s products (each a “Trifoia Product” and together, the “Trifoia’s Products”), you, the user (referred to herein as “you” or the “user”) agrees to the following terms:
- Trifoia grants you a personal, nontransferable, nonsublicensable, non-commercial, non-exclusive license to use the Trifoia Product that you have purchased or to which you have otherwise been granted access.
- This means that you can use the Trifoia Product only for your own use and may not share, sell, transfer, sublicense, or otherwise provide others with access to the Trifoia Product.
- Trifoia may, in the event that you’ve breached the terms of this EULA, or for any other lawful reason, terminate your license to use the Trifoia Product with or without notice. Upon any receipt of notice, you agree to cease using the Trifoia Product and delete any saved versions from any personal devices.
- The user may not duplicate any Trifoia Product, including any USB or DVD.
- The user may not resell any Trifoia Product, including any USB or DVD or any of the content contained therein.
- The user may not reverse engineer, decouple or redistribute any Trifoia Product, including any USB or DVD or any of the content contained therein.
Video Content - with respect to any Trifoia Product comprised of video content:
- The user may only play video content from the USB or DVD and must not make copies of the videos or alter the videos in any way.
- The user may not download copies onto their computer.
- The user may not store any of the video content online.
Documents - with respect to any Trifoia Product comprised of PDFs or other digital content:
- PDF and other ancillary materials are permitted to be saved locally to the user’s computer and printed for personal use as needed.
- The user may not modify the PDF content.
- The user may not redistribute PDF content.
- Trifoia or its licensors shall retain ownership of all Intellectual Property Rights associated with any and all products sold or licensed by Trifoia to the user.
- “Intellectual Property Rights” means any and all design, engineering, inventions, materials, know-how, trade secrets, technology, formulas, processes, ideas, or other discoveries conceived or reduced to practices, whether patentable or not, also including without limitation patent, copyright, trademark, service mark, trade secret, moral, and contract rights in any country or jurisdiction in the world and all registrations, initial applications, renewals, extensions, continuations, divisions, or reissues of them now or hereafter.
- Failure to adhere to terms above may result in legal action, including without limitation copyright infringement penalties.
The use of this product under these guidelines does not permit the copying, reselling, or transfer of this content to any third party.
The user also expressly agrees to the following:
TRIFOIA EXPRESSLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF INFRINGEMENT, WARRANTY OF TITLE, AND ANY OTHER WARRANTIES THAT MAY OTHERWISE BE AVAILABLE AT LAW APPLICABLE TO TRIFOIA’S PRODUCTS.
IN NO EVENT SHALL TRIFOIA BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM USER'S USE OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TRIFOIA’S MAXIMUM TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL FEES FOR PRODUCTS SOLD UNDER A PARTICULAR PURCHASE ORDER.
Assumption of Risk; Waiver of Claims
The user acknowledges that there are certain risks associated with the use and/or possession of the Trifoia Products, which cannot be entirely mitigated or avoided despite the exercise of caution, including, without limitation, the risks of misuse and misinterpretation. The user expressly and voluntarily assumes all such risks and liabilities. Further, the user, on its own and on behalf of its heirs, assigns and successors in interest, now and forever waives, releases, and discharges Trifoia and its members, officers, employees, agents, successors, and assigns from any and all claims, losses, expenses, damages, liabilities, injuries, and causes of action of any nature, including, but not limited to, personal injury, wrongful death, and property damage, that may in any manner arise from or be related to the use, installation, ownership, and/or possession of any product(s) purchased from Trifoia.
Indemnification and Liability
The user shall indemnify, defend, and hold harmless Trifoia and its members, officers, employees, agents, successors, and assigns from and against any claim, demand, cause of action, loss or liability (including attorney's fees and expenses of litigation) arising from or occurring as a result of (a) the user’s breach of any representation, warranty, covenant or obligation set forth herein or (b) the use, installation, or possession by the user of any product(s) sold by Trifoia, except to the extent caused by Trifoia's gross negligence or willful misconduct. The provisions of this paragraph shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination.
No failure of Trifoia to exercise or enforce any of its rights hereunder shall act as a waiver of subsequent breaches by the user; and the waiver of any breach shall not act as a waiver of subsequent breaches. Trifoia's acceptance of payment with knowledge of a default by the user shall not constitute a waiver of any breach. The invalidity of any term or provision of this EULA shall not affect the validity of any other provision. This EULA, together with all applicable invoices and the user orders, constitute the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting, or additional communications; provided, however, that to the extent any provision of this EULA conflicts with any term set forth in an applicable invoice or purchase order, the terms set forth in the applicable invoice or purchase order shall control. This EULA can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought. No modification of this EULA shall be valid unless it is in writing and is signed by all of the parties. This EULA shall be interpreted and enforced according to the laws of the State of Oregon. Should any action be filed to enforce or interpret any provision hereof, it is agreed that venue of such action shall lie exclusively in any court in Lane County, Oregon having jurisdiction of the subject matter, and that the parties are subject to personal jurisdiction in Lane County, Oregon. The user agrees to pay any costs of collection incurred by Trifoia, including reasonable attorney fees, regardless of whether an action is filed. In any proceeding to enforce or interpret this Agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees, costs, and expenses incurred by the prevailing party before and at any trial, arbitration, bankruptcy, or other proceeding, and in any appeal or review.
Please direct any question or complaints related to this Agreement to:
TOLL FREE: (1) 877-874-3642
EMAIL ADDRESS: firstname.lastname@example.org
IRIS Media, Inc. dba Trifoia
1203 Willamette St. Suite 100
Eugene, OR 97401