Scragged

IMPORTANT-READ CAREFULLY:  This End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity) and the Licensor for the Scragged.com software technology that displays this EULA, which includes any associated media and Scragged.com Internet-related services (the "Media Elements"). For purposes of this EULA, the term "Licensor" refers to Scragged.com. An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY VISITING OR USING THIS WEBSITE. IF YOU DO NOT AGREE, DO NOT VISIT OR USE THIS WEBSITE.

• You may not sell, license or distribute copies of the Media Elements, in whole or in part, by themselves or as part of any collection, product or service, except as specified in the Terms of Use.
• You may not grant customers of your product or service any rights to license or distribute the Media Elements.
• You may not license or distribute any of the Media Elements that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.
• You may not create obscene or scandalous works, as defined by federal law at the time the work is created, using the Media Elements.
• In addition, you must (a) indemnify and defend Scragged.com from and against any claims or lawsuits, including attorneys' fees that arise from or result from the licensing, use or distribution of Media Elements as modified by you, and (b) include a valid copyright notice on your products and services that include the Media Elements.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.  You may not use any Scragged.com Internet-based services in any manner that could damage, disable, overburden, or impair such services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any service, account, computer systems or networks associated with the Internet-based services.

3. RESERVATION OF RIGHTS AND OWNERSHIP.  Licensor reserves all rights not expressly granted to you in this EULA. The Media Elements are protected by copyright and other intellectual property laws and treaties. Licensor or its suppliers own the title, copyright, and other intellectual property rights in the Media Elements. This EULA does not grant you any rights to trademarks or service marks of Licensor.

4. CONSENT TO USE OF DATA.  You agree that Licensor and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any. Licensor may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

5. LINKS TO THIRD PARTY SITES.  Licensor is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. Licensor is providing these links and access to third-party sites and services to you only as a convenience, and the inclusion of any link or access does not imply an endorsement by Licensor of the third-party site or service.

6. LIMITATION OF LIABILITY AND REMEDIES.  NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF Scragged.com AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY Scragged.com WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHAL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU TO Scragged.com OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

7. ENTIRE AGREEMENT; SEVERABILITY.  This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and Scragged.com relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Scragged.com policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.