End-User License Agreement (EULA) of Furey
This End-User License Agreement ("EULA") is a legal agreement between you and Furey Financial Services, LLC
This EULA agreement governs your acquisition and use of our Furey software ("Software") directly from Furey Financial Services, LLC or indirectly through a Furey Financial Services, LLC authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Furey software. It provides a license to use the Furey software and contains warranty information and liability disclaimers.
If you register for a free trial of the Furey software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Furey software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Furey Financial Services, LLC herewith regardless of whether other software is referred to or described herein. The terms also apply to any Furey Financial Services, LLC updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Furey Financial Services, LLC hereby grants you a personal, non-transferable, non-exclusive licence to use the Furey software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Furey software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Furey software.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
Allow any third party to use the Software on behalf of or for the benefit of any third party
Use the Software in any way which breaches any applicable local, national or international law
use the Software for any purpose that Furey Financial Services, LLC considers is a breach of this EULA agreement
Intellectual Property and Ownership
Furey Financial Services, LLC shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Furey Financial Services, LLC.
Furey Financial Services, LLC reserves the right to grant licences to use the Software to third parties.
RULES OF CONDUCT
a. As a condition of use, you promise not to use the Site, Furey App or Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Site, Furey App and Services.
b. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Site, Furey App or Services, including without limitation any User Content, that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
ii. you know is false, misleading, untruthful or inaccurate;
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”);
v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
vi. impersonates any person or entity, including any of our employees or representatives; or
vii. includes anyone’s identification documents or sensitive financial information without that person’s authorization.
c. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site, Furey App or Services or any activities conducted on the Site, Furey App or Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site, Furey App or Services (or other accounts, computer systems or networks connected to the Site, Furey App or Services); (iv) run any form of auto-responder or “spam” on the Site, Furey App or Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Site, Furey App or Services; or (vii) otherwise take any action in violation of our guidelines and policies.
d. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, Furey App or Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Site, Furey App or Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
e. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective representatives, affiliates, officers, directors, employees, agents, contractors, suppliers and content providers from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, the Furey App, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity on the Site, Furey App or Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
17. LIMITATION OF LIABILITY
In no event shall we, nor our affiliates, officers, directors, employees, agents, contractors, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Site, Furey App or Services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) of the greater of (a) the fees, if any, paid by you to us for the particular Services during the immediately previous three (3) month period or (b) the fees paid to Furey for your use of the particular Services during the immediately previous six (6) month period.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Furey Financial Services, LLC.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of United States.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SITE, FUREY APP OR THE SERVICES.
Contact Us: You may contact us using the “Contact Us” link at www.fureyfs.com or at the following address: 95 River St, Suite 210, Hoboken, NJ 07030
Effective Date of Terms of Service: November 24th, 2018