End User License Agreement
Please read this End User License Agreement ("EULA") carefully before installing and using the FastRecruit, FastScout, FastDraw, ProspectView and any other software ("the Software") created and operated by FastModel Holdings, LLC, a(n) Limited Liability Company formed in Delaware, United States as this EULA contains important information regarding the limitations of our liability. Your access to and use of the Software is conditional upon your acceptance of and compliance with this EULA. This EULA applies to everyone, including viewers, users, and others who wish to access or use the Software.
By accessing or using the Software, you agree to be bound by this EULA. If you disagree with any part of this EULA, you do not have our permission to access and use the Software.
License rights
FastModel Holdings, LLC grants you the non-exclusive, revocable, limited license to install and use the Software subject to the terms contained in this End User License Agreement. The license that is granted to you is solely for business and commercial use only. You may not use the software for personal or non-commercial uses. You are hereby prohibited from any reproduction of the Software. You may install any number of copies of this Software.
WARRANTY
FASTMODEL HOLDINGS, LLC PROVIDES THE FOLLOWING WARRANTY ON THE SOFTWARE: FASTMODEL WARRANTS IT IS THE OWNER OR LICENSEE OF ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SERVICES AND THERE IS NO PENDING LITIGATION AGAINST FASTMODEL WHICH COULD MATERIALLY IMPACT UPON ITS ABILITY TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. FASTMODEL HAS FULL POWER AND RIGHT TO LICENSE THE PRODUCTS AND PERFORM ALL OTHER TERMS OF THIS AGREEMENT, AND THE USE OF THE PRODUCTS, OR THE EXERCISE OF THE LICENSES GRANTED HEREUNDER, WILL NOT VIOLATE OR INTERFERE WITH THE INTELLECTUAL PROPERTY OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, THOSE RIGHTS ARISING UNDER COPYRIGHT, TRADEMARK, TRADE SECRET OR PATENT LAW. FOR PURPOSES OF THIS AGREEMENT, THE TERM “PRODUCT(S)” MEANS THE NBA SCOUTING SUITE AS LISTED ON THE INVOICE.. THIS WARRANTY SHALL BE IN EFFECT FOR 3 YEARS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FASTMODEL HOLDINGS, LLC BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REIMBURSEMENTS, LOST DATA, OR LOST SAVINGS, DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CUSTOMER’S RECORDS, PROGRAMS OR SERVICES), IRRESPECTIVE IF WE WERE ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
MAXIMUM LIABILITY
THE AGGREGATE LIABILITY OF FASTMODEL HOLDINGS, LLC ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU FOR THE SOFTWARE.
Updates and Maintenance
FastModel Holdings, LLC may need, from time to time, to make additions and upgrades to the Software. It shall be at the sole discretion of FastModel Holdings, LLC to make releases of such updates to you, provided that you may need to agree to any changed EULA before the installation of the updates. Any updates and maintenance to the Software shall be done free of charge to you.
DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to this End User License Agreement including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Cook County, Illinois, United States.
YOU AND FASTMODEL HOLDINGS, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
Changes
We reserve the right to make changes to this End User License Agreement at any time. We will not provide you with any notice when we make changes to this End User License Agreement.
Questions
If you have any questions about this EULA, please contact us at support@fastmodelsports.com.