2. Use Restrictions. You shall not, directly or indirectly:
(a) use the Strategy Builder except as set forth in Section 1;
(b) copy, modify, translate or adapt the Strategy Builder or any part thereof;
(c) combine the Strategy Builder or any part thereof with, or incorporate the Strategy Builder or any part thereof in, any other programs;
(d) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Strategy Builder or any part thereof;
(e) remove, disable, circumvent, or otherwise create or implement any workaround to, or attempt to do so regarding, any technological copy protection or other security features that may be included in the Strategy Builder that is designed to prevent unauthorized use of the Strategy Builder;
(f) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices included on or in the Strategy Builder, including any copy thereof;
(g) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise provide any access to or use of the Strategy Builder or any features or functionality of the Strategy Builder, for any reason, to any other person or entity;
(h) use WKKF’s name to express or imply endorsement, sponsorship, affiliation or association of you with or by WKKF;
(i) use the Strategy Builder for any lobbying or similar activity, including any communication, direct or indirect, with any governmental official for the purpose of influencing or impacting any legislative action or administrative action or otherwise influencing or impacting governmental or administrative policy; or
(j) use the Strategy Builder in violation of any federal, state, or local law, regulation, or rule.
3. Collection and Use of Information.
(a) WKKF may, directly or indirectly, use, collect and store information regarding use of the Strategy Builder in an aggregated, anonymized form, such that you are not able to be identified, and you will have no ownership interest in such aggregated, anonymized data.
5. User Materials
The Strategy Builder allows users to upload, transmit and display content or materials that may be incorporated or used in the output of the Strategy Builder (“User Materials”).
You represent and warrant that:
- You own or control all rights in and to the User Materials and have the right to use or exploit the same; and
You understand and acknowledge that you are responsible for any User Materials you submit or contribute, and you, not WKKF, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. WKKF is not responsible or liable to any third party for the content or accuracy of any User Materials provided, uploaded or otherwise used in connection with the Strategy Builder.
6. Disclaimer of Liability. IN NO EVENT WILL WKKF OR ITS AFFILIATES BE LIABLE TO YOU OR ANY PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE STRATEGY BUILDER OR ANY OUTPUT OR PRODUCT THEREOF. YOU ARE PROVIDED THE STRATEGY BUILDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, (A) ALL EXPRESS AND IMPLIED WARRANTIES REGARDING THE STRATEGY BUILDER ARE EXPRESSLY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND (B) NEITHER WKKF NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE STRATEGY BUILDER SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE STRATEGY BUILDER, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE STRATEGY BUILDER. WHILE WKKF TAKES REASONABLE PRECAUTIONS TO PROTECT AGAINST COMPUTER VIRUSES AND/OR OTHER MALICIOUS PROGRAMS WITHIN THE STRATEGY BUILDER, WKKF ACCEPTS NO LIABILITY FOR THEM.
7. Export Regulation. The Strategy Builder may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Strategy Builder to, or make the Strategy Builder accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Strategy Builder available outside the U.S.