Critical Deck

IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS SET FORTH IN THIS END-USER LICENSE AGREEMENT ("EULA"). BY CLICKING ON THE SIGN UP BUTTON YOU AGREE TO THE TERMS AND CONDITIONS OF USE.

This EULA is a binding legal agreement between you and Critical Decision Systems, LLC (DBA Critical Deck) (hereinafter "Licensor") for the materials accompanying this EULA, including the accompanying computer software, associated media, printed materials and any "online" or electronic documentation, software, associated media, printed materials (hereinafter the "Software"). By installing, clicking on, viewing, reading the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not attempt to use the Software.

Your Responsibilities

Your use of our Services must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. You are not allowed copy, upload, download, or share content unless you have the right to do so. The Licensor may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. Licensor is not responsible for the content people post and share via the Services. Critical Deck and its services can only be used as permitted by applicable law, including export control laws and regulations. To use our Critical Deck and its Services, you must be at least 13 years of age if you reside in the United States, and 16 if you reside outside of the United States. The use of Critical Deck Services (including use of your personal data) requires parental consent where required by law.

1. Grant of License
   
   The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. This EULA grants you the following rights:
   
   

   A.	These terms of service (“Terms”) cover your use and access to our services, client software and websites ("Services"). If you reside outside of the United States of America, Canada and Mexico (“North America”) your agreement is with Critical Decision Systems International, S.A. If you reside in North America your agreement is with Critical Decision Systems, LLC (DBA Critical Deck).
   B.	Critical Decision Systems, LLC shall grant to You a non-exclusive license for the use and/or installation of the Product subject to all the terms and conditions set forth herein. Furthermore, this EULA shall also govern any and all software Updates and Upgrades provided by Critical Decision Systems, LLC that would replace, overwrite and/or supplement the original installed and/or viewed version of the Product, unless those other Updates and Upgrades are covered under a separate license, in which case the terms of that license will govern. You must acquire a license for each separate user of the software. A license for the Software may not be shared or used concurrently on different Computers.
   C.	Your license rights under this EULA are non-exclusive. All rights not expressly granted herein are reserved by Licensor. Licensor grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, Licensor makes that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, Licensee agree not to compete, reverse engineer the Services, attempt to do so, or assist anyone in doing so.
   D.	You may not sell, transfer or convey access to the Software to any third party or to another user without Licensor's prior express written consent.

2. Price and Payment
   
   Licensor must pay the license fee for the unlimited version within the period indicated in the applicable invoice or notice sent to you by Licensor.
   
   
3. Support Services
   
   This EULA is a license of the Software only, and Licensor does not assume any obligation to provide maintenance, patches or fixes to the Software.  Licensor further disclaims any obligation to provide support or to prepare and distribute modifications, enhancements, updates and new releases of the Software
   
   
4. Termination
   
   You may terminate this EULA at any time by destroying all access to the Software. Your license to the Software automatically terminates if you fail to comply with the terms of this agreement. Upon termination, you are required to remove the Software from your computer.
   
   
5. Copyright
   
   

   A.

   All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by Licensor or its suppliers. This EULA grants you no rights to use such content. If this Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. Except for any copies of this EULA, you may not copy the printed materials accompanying the Software.>

   B.

   Licensor reserves the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.

6. Disclaimer of Warranties
   
   LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
   
   
7. Limitation of Damages
   
   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
   
   
8. Arbitration
   
   Any dispute arising under this EULA will be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any. The parties agree that this EULA will be governed by and construed and interpreted in accordance with the laws of the State of Delaware. The arbitration will be held in Delaware. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this EULA. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.
   
   
9. Severability
   
   If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.
   
   
10. No Waiver
    
    No waiver of any right under this EULA will be deemed effective unless contained in writing signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA.
    
    
11. Entire Agreement
    
    This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements, proposals, negotiations, representations or communications relating to the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein.
    
    

YOU AGREE NOT TO MISUSE THE Critical Deck SERVICES (SERVICES) OR HELP ANY ONE ELSE TO DO ANY OF THE FOLLOWING IN CONNECTION WITH THESE SERVICES:

1. Publish, display, share, or transfer user identifiable information, including street address, location information, geographic coordinates, email addresses, or phone numbers;
2. Publish, display, share, or transfer user access codes and information, including: passwords, access codes, usernames , biometric data, or digital access information.
3. Probe, scan, or test the vulnerability of any system or network;
4. Breach or otherwise circumvent any security or authentication measures;
5. Access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven not been invited to;
6. Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
7. Access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
8. Send unsolicited communications, promotions or advertisements, or spam;
9. Send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
10. Promote or advertise products or services;
11. Abuse referrals or promotions to get more storage space than deserved or to sell storage space received from referrals or promotions;
12. Circumvent storage space limits;
13. Sell the Critical Decki services unless specifically authorized to do so;
14. Publish, share, or store materials that constitute child sexually exploitative material (including material which may not be illegal child sexual abuse material but which nonetheless sexually exploits or promotes the sexual exploitation of minors), unlawful pornography, or are otherwise indecent;
15. Publish, share, or store content that contains or promotes extreme acts of violence or terrorist activity, including terror propaganda;
16. Advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
17. Abuse Critical Deck personnel or representatives or agents performing services on behalf of Critical Deck;
18. Violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading, or that violates the intellectual property rights of others;
19. Violate the privacy or infringe the rights of others;
20. Use the Services to back up, or as infrastructure for, your own cloud services;
21. Use the storage space provided by the Services as the basis for cryptographic proof-of-space or proof-of-storage, or any similar proof system;

We reserve the right to take appropriate action in response to violations of this policy, which could include removing or disabling access to content, suspending a user’s access to the Services, or terminating an account.