End User License Agreement
LCvista End User License Agreement
Date: December 31, 2023
IMPORTANT – READ CAREFULLY: This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and LCvista, Inc., a Washington corporation (“LCvista”), governing your access to and use of the LCvista SAAS Service. This EULA is being entered into pursuant to that certain SaaS Services Agreement by and between LCvista and the LCvista customer who has granted you access to the LCvista SAAS Service (the “SaaS Agreement”). In the event of any conflict between the terms hereof and the SaaS Agreement, the SaaS Agreement will control.
LCVISTA PROVIDES THE LCVISTA SAAS SERVICE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS EULA AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH IT. BY CLICKING “I AGREE,” LOGGING INTO OR OTHERWISE USING OR ACCESSING THE LCVISTA SAAS SERVICE, YOU: * (A) AGREE TO BE BOUND BY THE TERMS OF THIS EULA; AND * (B) REPRESENT AND WARRANT THAT (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT, AND (II) IF YOU ARE ENTERING INTO THIS EULA ON BEHALF OF CORPORATION, GOVERNMENTAL ORGANIZATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY AND BIND IT TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE LCVISTA SAAS SERVICE.
We may update this EULA from time to time and will provide you with the latest version in connection with your accessing the LCvista SAAS Service. Your access to and use of the LCvista SAAS Service is in accordance with the terms of the EULA in effect at the time of such access or use. By accessing or using the LCvista SAAS Service, you accept and agree to the EULA in effect at such time.
1. LCvista SAAS Service
“LCvista SAAS Service” means, collectively, remotely hosted subscription, software-as-a-service access (on hardware owned or operated on behalf of LCvista) to LCvista’s electronic software solution identified in the SaaS Agreement, including all software applications, application program interfaces, modules, databases, hardware, infrastructure, documentation and system administration, maintenance, support, management and monitoring activities that LCvista provides as part of such subscription, together with any updates or improvements thereto.
2. Access and License
2.1 Pursuant to the SaaS Agreement, LCvista grants you a non-exclusive, non-transferable, revocable worldwide right to use the LCvista SAAS Service, subject to this EULA (the “License”). You grant to LCvista the non-exclusive, worldwide right to use, copy, store, transmit, and display Your Data solely to the extent necessary to provide the LCvista SAAS Services. All rights not expressly granted to you are reserved by LCvista and its licensors. For the purposes hereof, “Your Data” means any data or information of any kind provided or submitted by you to LCvista or entered electronically in the course of using the LCvista SAAS Service.
2.2 You agree that you will not or attempt to:
- (i) duplicate, copy, sell, resell, commercially exploit for any purpose, disrupt or interferer with any portion of, use of, or access to the LCvista SAAS Service;
- (ii) use the LCvista SAAS Service for any purpose other than your personal education;
- (iii) directly or indirectly provide access to the LCvista SAAS Service to any other person; or
- (iv) violate any applicable law or regulation.
2.3 You are responsible for your access and use of the LCvista SAAS Service. You will assure that your access and use of the LCvista SAAS Service and Your Data will comply at all times with all applicable law.
3. Intellectual Property Rights; Your Data; Copyright Infringement Process
3.1 The LCvista SAAS Service is protected by intellectual property rights (the “Intellectual Property Rights”), and any unauthorized use of the LCvista SAAS Service may violate such Intellectual Property Rights, applicable laws, the SaaS Agreement and this EULA. LCvista and its licensors own all right, title, and interest in and to the Intellectual Property Rights. This EULA does not convey or transfer any ownership rights to you. If you make a suggestion to us to for any type of addition or other change to the LCvista SAAS Service (the “Feedback”), you agree that LCvista shall own the Feedback and you are not entitled to any money, credit, or other compensation. The trademarks, logos, and service marks displayed on the LCvista SAAS Service, including, without limitation, “LCvista,” are the property of LCvista or other third parties. You are not permitted to use these marks without the prior written consent of LCvista.
3.2 You, not LCvista, have sole responsibility of all Your Data, and LCvista shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any of Your Data. While using the LCvista SAAS Service, you agree that you will not upload, post, email, transmit, or otherwise make available any of Your Data that:
- (i) is unlawful or otherwise objectionable;
- (ii) creates a risk of harm, loss, or damage to any person or property;
- (iii) seeks to harm or exploit minors in any way;
- (iv) violates, or encourages any conduct that violates, applicable law; or
- (v) infringes any third party’s rights.
Upon termination for breach, your right to access or use Your Data immediately ceases. You understand that you or LCvista may be transmitting Your Data over the Internet, and over various networks, only part of which may be owned and operated by LCvista.
3.3 LCvista abides by the Federal Digital Millennium Copyright Act (the “DMCA”). If you believe that any content included on the LCvista SAAS Service is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights, please immediately notify LCvista.
DMCA Complaints: LCvista, Inc. Attn: DMCA 113 Cherry Street, Suite 75836, Seattle, WA 98104 Email: dmca@lcvista.com
4. Term and Termination
4.1 The term for your access to and use of the LCvista SAAS Service shall commence upon the date you accept this EULA and shall continue for the time period as set forth by LCvista pursuant to the SaaS Agreement (the “Term”). Once terminated, you shall cease any use of the LCvista SAAS Service. Sections 6 and 7 of this EULA, and the obligations and restrictions placed on you hereunder, shall survive termination.
5. Disclaimer of Warranties and Limitation of Liability
5.1 THE LCVISTA SAAS SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. AS SUCH, THE LCVISTA SAAS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
5.2 YOU EXPRESSLY AGREE THAT YOUR USE OF THE LCVISTA SAAS SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY CONTENT OR DATA THROUGH THE LCVISTA SAAS SERVICE.
5.3 YOU UNDERSTAND AND AGREE THAT THE LCVISTA PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OR ACCESS OF THE LCVISTA SAAS SERVICE. IN NO EVENT SHALL LCVISTA’S TOTAL CUMULATIVE LIABILITY EXCEED THE AMOUNT PAID BY YOU TO LCVISTA FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
6. Indemnification
6.1 You agree to indemnify, defend, and hold harmless the LCvista Parties for, from, and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or relating to any violation of this EULA by you or any other actions connected with your use of the LCvista SAAS Service.
7. General Provisions
7.1 We may revise and update this EULA from time to time in our sole discretion. Your continued use of the Services following the posting of changes means that you accept and agree to such changes.
7.2 Your breach of this EULA may result in immediate and irreparable harm to LCvista. You agree that LCvista is entitled to equitable relief to compel you to cease and desist all unauthorized use.
7.3 This EULA shall be governed by the laws of the State of Washington and controlling U.S. federal law. Any legal action shall be instituted in a state or federal court in King County, Washington.
7.4 A waiver of any breach of any provision of this EULA is not a waiver of any repetition of such breach. If any provision is held to be unenforceable, it will be replaced by an enforceable provision that is closest to the original intention.
7.5 LCvista may assign its rights and delegate its duties under this EULA at any time without notice. You may not assign or transfer your rights without LCvista’s prior written consent.
7.6 This EULA does not establish any relationship of partnership, joint venture, employment, or agency between you and LCvista.
7.7 Certain of LCvista’s licensors require additional terms and conditions of use (the “Licensor Terms”). Review the usage terms that apply to content offered in the Content Marketplace below:
Content Provider Terms: