Your License. 4.1 Subject to these Terms and our receipt of all applicable fees from you, we grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to install and use applicable Dealer Pay software, access the Portal and applicable Dealer Pay websites (“Dealer Pay Sites”), to use applicable documentation and related materials delivered or made available to you in connection with the Services, and to otherwise use the Services. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time. 4.2 You acknowledge, and agree, that Dealer Pay may from time-to-time issue upgraded versions of the Services and may automatically electronically upgrade the version of the Services that you are using on a computing device, or otherwise. You consent to such automatic upgrading on the computing device (or otherwise) and agree that the license granted to you under this Agreement will apply to all such upgrades. Dealer Pay may, at its discretion, require a minimum version of installed software to provide support for Dealer pay operating on your computing devices, or otherwise. 4.3 Dealer Pay may, without liability to you, modify or discontinue offering the Services or aspects thereof at any time; provided, however, that in the event we decide to discontinue offering the Services, you shall be entitled to continue use of the Services under these Terms for any portion of the term that you have prepaid. 4.4 The Portal may include access to content and information created, owned, or controlled by third parties. The Portal may also link to third parties’ websites. While we may make these available to you, they are not under Dealer Pay’s control, Dealer Pay has not originated the information provided by such third parties and Dealer Pay is not responsible for their content. Dealer Pay is not responsible in any way for, nor does it guaranty, the accuracy of such information or availability to you. You agree to utilize such third-party information at your own risk. Some or all the Services may be provided by an affiliate or subsidiary of Dealer Pay or a third party, and you may be subject to both these Terms and the terms of service of that third party in order to receive such Services or use or access their content, software, or websites. Accordingly, we encourage you to review the terms of use and privacy policies, if any, associated with third-party content or websites. Certain portions of the Services may utilize or include third party software that is subject to open source and/or third-party license terms ("Third Party Software"). In such event, you may obtain any applicable license for Third Party Software to the extent such terms are not already included herein. Your right to use such Third-Party Software as part of, or in connection with, the Services is subject to and governed by the terms and conditions of the open source, or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. The disclaimer of warranty and limitation of liability provisions in these Terms will apply to all elements of the Services.
Appears in 2 contracts
Samples: Terms of Service, Terms of Service
Your License. 4.1 a. Subject to these Terms and our receipt of all applicable fees from you, we grant you a limited, non-non- exclusive, revocable, non-transferable, non-sublicensable license to install use and use applicable Dealer Pay software, access the Portal and applicable Dealer Pay websites (“Dealer Pay Sites”), to use applicable documentation and related materials delivered or made available to you in connection with the Services, and to otherwise use the Services. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time.
4.2 b. You acknowledge, acknowledge and agree, that Dealer Pay may from time-to-time issue upgraded versions of the Services and may automatically electronically upgrade the version of the Services that you are using on a computing device, any type of device you access the Portal or otherwiseuse the Services. You hereby consent to such any automatic upgrading on the computing device (or otherwise) upgrade we make and agree that the license granted to you under this Agreement hereunder will apply to all such upgrades. Dealer Pay may, at its discretion, require a minimum version of installed software to provide support for Dealer pay operating on your computing devices, or otherwise.
4.3 c. Dealer Pay may, without liability to you, modify or discontinue offering the Services or aspects thereof at any time; provided, however, that in the event we decide to discontinue offering the Services, you shall be entitled to continue use of the Services under these Terms for any portion of the term that you have prepaid.
4.4 d. The Portal may include access to content and information created, owned, or controlled by third parties. The Portal may also link to third parties’ websites. While we may make these available to you, they are not under Dealer Pay’s our control, Dealer Pay has we have not originated the information provided by such third parties parties, and Dealer Pay is we are not responsible for their content. Dealer Pay is not responsible in any way for, nor does it guaranty, the accuracy or availability of such information or availability to youcontent published thereon. You agree to utilize that your utilization of such third-party information is at your own risk. Some or all the Services may be provided by an affiliate or subsidiary of Dealer Pay or a third party, and you may be subject to both these Terms and the terms of service of that third party in order to receive such Services or use or access their content, software, or websites. Accordingly, we encourage you to review the terms of use and privacy policies, if any, associated with such third-party content or websites. Certain portions of the Services may also utilize or include third party software that is subject to open source and/or third-party license terms ("“Third Party Software"). In such event, an event you may obtain any applicable license for Third Party Software to the extent such terms are not already included herein. Your right to use such Third-Party Software as part of, or in connection with, the Services is subject to and governed by the terms and conditions of the open source, or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. The disclaimer of warranty and limitation of liability provisions in these Terms will apply to all elements of the Services.
Appears in 1 contract
Samples: Terms of Service
Your License. 4.1 Subject to these Terms and our receipt of all applicable fees from you, we grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to install and use applicable Dealer Pay software, access the Portal and applicable Dealer Pay websites (“Dealer Pay Sites”), to use applicable documentation and related materials delivered or made available to you in connection with the Services, and to otherwise use the Services. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time.
4.2 You acknowledge, and agree, acknowledge that Dealer Pay may from time-to-time to time issue upgraded versions of the Services Services, and may automatically electronically upgrade the version of the Services that you are using on a computing device, or otherwise. You consent to such automatic upgrading on the computing device (or otherwise) ), and agree that the license granted to you under this Agreement contained herein will apply to all such upgrades. You recognize that Dealer Pay may, may at its discretion, discretion require a minimum version of installed software to provide support for Dealer pay Pay operating on your computing devices, devices or otherwise.
4.3 You understand and agree that Dealer Pay may, without liability to you, modify or discontinue offering the Services or particular aspects thereof at any time; provided, however, that in the event we decide to discontinue offering the Services, you shall be entitled to continue use of the Services under these Terms for any portion of the term that you have prepaid.
4.4 The Portal may include access to content and information created, owned, or controlled by third parties. The Portal may also link to third parties’ websites. While we may make these available to you, they are not under Dealer Pay’s control, Dealer Pay has not originated the information provided by such third parties and Dealer Pay is not responsible for their content. Dealer Pay is not responsible in any way for, nor does it guaranty, the accuracy of such information or availability to you. You agree to utilize such third-party information at your own risk. Some or all of the Services may be provided by an affiliate or subsidiary of Dealer Pay or a third party, and you may be subject to both these Terms and the terms of service of that third party in order to receive such Services or use or access their content, software, or websites. Accordingly, we encourage you to review the terms of use and privacy policies, if any, associated with third-party content or websitesparty. Certain portions of the Services may utilize or include third party software that is subject to open source and/or third-third party license terms ("Third Party Software"). In such event, you may obtain any applicable license for Third Party Software to the extent such terms are not already included herein. Your You acknowledge and agree that your right to use such Third-Third Party Software as part of, or in connection with, the Services is subject to and governed by the terms and conditions of the open source, source or third-third party license applicable to such Third-Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. The disclaimer of warranty and limitation of liability provisions in these Terms will apply to all elements of the Services.
Appears in 1 contract
Samples: Terms of Service
Your License. 4.1 a. Subject to these Terms and our receipt of all applicable fees from you, we grant you a limited, non-non- exclusive, revocable, non-transferable, non-sublicensable license to install use and use applicable Dealer Pay software, access the Portal and applicable Dealer Pay websites (“Dealer Pay Sites”), to use applicable documentation and related materials delivered or made available to you in connection with the Services, and to otherwise use the Services,. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time.
4.2 b. You acknowledge, acknowledge and agree, that Dealer Pay may from time-to-time issue upgraded versions of the Services and may automatically electronically upgrade the version of the Services that you are using on a computing device, any type of device you access the Portal or otherwiseuse the Services. You hereby consent to such any automatic upgrading on the computing device (or otherwise) upgrade we make and agree that the license granted to you under this Agreement hereunder will apply to all such upgrades. Dealer Pay may, at its discretion, require a minimum version of installed software to provide support for Dealer pay operating on your computing devices, or otherwise.
4.3 c. Dealer Pay may, without liability to you, modify or discontinue offering the Services or aspects thereof at any time; provided, however, that in the event we decide to discontinue offering the Services, you shall be entitled to continue use of the Services under these Terms for any portion of the term that you have prepaid.
4.4 d. The Portal may include access to content and information created, owned, or controlled by third parties. The Portal may also link to third parties’ websites. While we may make these available to you, they are not under Dealer Pay’s our control, Dealer Pay has we have not originated the information provided by such third parties parties, and Dealer Pay is we are not responsible for their content. Dealer Pay is not responsible in any way for, nor does it guaranty, the accuracy or availability of such information or availability to youcontent published thereon. You agree to utilize that your utilization of such third-party information is at your own risk. Some or all the Services may be provided by an affiliate or subsidiary of Dealer Pay or a third party, and you may be subject to both these Terms and the terms of service of that third party in order to receive such Services or use or access their content, software, or websites. Accordingly, we encourage you to review the terms of use and privacy policies, if any, associated with such third-party content or websites. Certain portions of the Services may also utilize or include third party software that is subject to open source and/or third-party license terms ("“Third Party Software"). In such event, an event you may obtain any applicable license for Third Party Software to the extent such terms are not already included herein. Your right to use such Third-Party Software as part of, or in connection with, the Services is subject to and governed by the terms and conditions of the open source, or third-party license applicable to such Third-Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. The disclaimer of warranty and limitation of liability provisions in these Terms will apply to all elements of the Services.
Appears in 1 contract
Samples: Terms of Service
Your License. 4.1 Subject to these Terms and our receipt of all applicable fees from you, we grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to install and use applicable Dealer Pay software, access the Portal and applicable Dealer Pay websites (“Dealer Pay Sites”), to use applicable documentation and related materials delivered or made available to you in connection with the Services, and to otherwise use the Services. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time.
4.2 You acknowledge, acknowledge and agree, agree that Dealer Pay may from time-to-time to time issue upgraded versions of the Services Services, and may automatically electronically upgrade the version of the Services that you are using on a computing device, or otherwise. You consent to such automatic upgrading on the computing device (or otherwise) ), and agree that the license granted to you under this Agreement will apply to all such upgrades. Dealer Pay may, may at its discretion, discretion require a minimum version of installed software to provide support for Dealer pay Pay operating on your computing devices, devices or otherwise.
4.3 Dealer Pay may, without liability to you, modify or discontinue offering the Services or particular aspects thereof at any time; provided, however, that in the event we decide wedecide to discontinue offering the Services, you shall be entitled to continue use of the Services under these Terms for any portion of the term that you have prepaid.
4.4 The Portal may include access to content and information created, owned, or controlled by third parties. The Portal may also link to third parties’ websites. While we may make these available to you, they are not under Dealer Pay’s control, Dealer Pay has not originated the information provided by such third parties and Dealer Pay is not responsible for their content. Dealer Pay is not responsible in any way for, nor does it guaranty, the accuracy of such information or availability to you. You agree to utilize such third-third party information at your own risk. Some or all of the Services may be provided by an affiliate or subsidiary of Dealer Pay or a third party, and you may be subject to both these Terms and the terms of service of that third party in order to receive such Services or use or access their content, software, or websites. Accordingly, we encourage you to review the terms of use and privacy policies, if any, associated with third-party content or websites. Certain portions of the Services may utilize or include third party software that is subject to open source and/or third-third party license terms ("Third Party Software"). In such event, you may obtain any applicable license for Third Party Software to the extent such terms are not already included herein. Your right to use such Third-Third Party Software as part of, or in connection with, the Services is subject to and governed by the terms and conditions of the open source, source or third-third party license applicable to such Third-Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. The disclaimer of warranty and limitation of liability provisions in these Terms will apply to all elements of the Services.
Appears in 1 contract
Samples: Terms of Service