PLUGOLA, INC. TERMS OF SERVICE AND END USER LICENSE AGREEMENT
These Terms of Service and End-User License Agreement (the "E.U.L.A.") is a legally-binding contract between you and PLUGOLA, Inc. (sometimes referred to below as "PLUGOLA", "we" or "us" or "our"). The EULA governs your rights to the PLUGOLA store(s), and all materials contained in the PLUGOLA store(s), including, without limitation all digital files of content (including, but not limited to digital downloads whether such downloads are permanent, tethered, or limited time or play duration) (“Downloads”), as well as the images, and likenesses of persons, software, text, and video clips (together with Downloads, the "Content") that you access by means of the PLUGOLA store(s).
In order to access the Content, you must first agree to the terms and conditions of this E.U.L.A. After you have read this E.U.L.A., you can indicate your acceptance of its terms by clicking the "I Agree" button below. By clicking the "I Agree" button, by accessing or otherwise using the PLUGOLA store(s) or services, you acknowledge that you have read the E.U.L.A. and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this E.U.L.A., click the "I Decline" button and do not use the PLUGOLA store(s), any Content, or any of the services. By clicking the "I Decline" button, you will be unable to complete the registration process and you will not be permitted to access any Content from the PLUGOLA store(s). Please note that this Agreement contains a dispute resolution clause. Please see the Choice of Law and Venue section below.
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GENERAL INFORMATION
You understand that the PLUGOLA store(s) and services may include security components that permit digital information to be protected and that limit your use and access to Content so that such Content may be used only in accordance with Terms of Use. The PLUGOLA store(s) are currently available in the United States and PLUGOLA is unable to accept funds that are not USD (U.S. Dollars). YOU AGREE THAT PLUGOLA MAY COLLECT AND USE TECHNICAL AND RELATED INFORMATION, INCLUDING BUT NOT LIMITED TO TECHNICAL INFORMATION ABOUT YOUR COMPUTER, SYSTEM AND APPLICATION SOFTWARE, AND PERIPHERALS, THAT IS GATHERED PERIODICALLY TO FACILITATE THE PROVISION OF SOFTWARE UPDATES, PRODUCT SUPPORT AND OTHER SERVICES TO YOU (IF ANY) RELATED TO THE PLUGOLA STORES AND TO VERIFY COMPLIANCE WITH THE TERMS OF THIS E.U.L.A. AND THE USE TERMS. PLUGOLA MAY USE THIS INFORMATION TO IMPROVE OUR PRODUCTS OR TO PROVIDE SERVICES OR TECHNOLOGIES TO YOU. The approved Use Terms shall govern your rights with respect to the Content regardless of whether unauthorized rules have been associated with downloads by another party. This E.U.L.A. provides: (i) information regarding your rights with respect to the Content; (ii) information regarding your rights with respect to your access to PLUGOLA store(s), services and web site; (iii) information regarding our Customer Service and refund policies; and (iv) other important legal information. PLUGOLA's privacy policy applies to data collected when you register with and use the PLUGOLA store(s), the PLUGOLA software, and any of PLUGOLA's services, and the terms of PLUGOLA's privacy policy are incorporated herein and made a part of this E.U.L.A. by this reference. Click here to review PLUGOLA's privacy policy.
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YOUR RIGHT TO USE THE CONTENT, THE PLUGOLA STORE(S), THE SOFTWARE; LIMITATIONS ON USE
Provided that you comply with this E.U.L.A., PLUGOLA hereby grants to you a limited, non-exclusive, non-transferable, non-sublicenseable, and revocable license to enter, access and use the PLUGOLA store(s) and to use the Content, subject at all times to the Artist Terms. "Artist Terms" are licensing and use rules that a copyright holder sets with respect to its content and which govern the use of such content.
The PLUGOLA store(s) and all materials on the PLUGOLA store(s), including but not limited to the Content, are only for your personal, non-commercial use and you agree that you are purchasing and/or using the Content for your own personal use for entertainment purposes. Unless specifically authorized by the copyright holder in the Artist Terms, you may not: play and then re-digitize any Content, or upload the Content to the Internet; use the Content in conjunction with any other third-party content (e.g., to provide sound for a film); use any Content for promotional purposes; publicly perform the Content; sell or offer to sell the Content, or redistribute the Content including but not limited to, posting any Content for auction on any Internet auction site. All Content is sub-licensed to you and not sold, notwithstanding the use of the terms "sell," "purchase," "order," or "buy" on the PLUGOLA store(s) or in this E.U.L.A.
You agree not to interrupt or attempt to interrupt the operation of the PLUGOLA store(s), the PLUGOLA web site, and any of PLUGOLA’s services, in any way. Further, you agree to comply with all applicable laws in your use of the Content.
All rights in and to the PLUGOLA store(s) and the Content not specifically granted in this E.U.L.A. or in the Artist Terms are hereby reserved by PLUGOLA, its licensors and the copyright holders. Any burning or exporting capabilities as permitted in the Artist Terms are solely an accommodation to you and shall not constitute a grant or waiver of any rights by PLUGOLA, its licensors, or the copyright holder(s). No right, title or interest in any downloaded Content, the PLUGOLA store(s) or software is transferred to you as a result of any downloading or copying or otherwise. Any use of the Content other than as permitted in this E.U.L.A. and the Artist Terms is a violation of the copyright in such Content under applicable laws, and is prohibited. The Artist Terms are communicated to you by means of messaging in your PLUGOLA 'Account', usually upon download. You may not reverse engineer, decompile, translate, adapt, disassemble or otherwise tamper with the Content, the software, or circumvent any technology designed to enforce the Artist Terms. You further agree that you will not attempt to modify the software or the Artist Terms for any reason whatsoever, including for the purpose of disguising or changing ownership of the Content.
Software that is offered as a part of the PLUGOLA services or the PLUGOLA store(s) may require Updates (as defined below), and you agree that any such Updates may be automated. “Updates” may include, without limitation, modifications and/or reinstallations of the software, and available patches to address security, interoperability, and/or performance issues. The terms of this E.U.L.A. will govern any Updates provided by PLUGOLA that replace and/or supplement the PLUGOLA services and/or the PLUGOLA store(s), unless such Update is accompanied by a separate license in which case the terms of that license will govern. PLUGOLA and the copyright holders reserve the right to enforce the E.U.L.A. and the Artist Terms with or without notice to you.
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OWNERSHIP OF INTELLECTUAL PROPERTY
Content
All Content on the PLUGOLA store(s) and PLUGOLA’s web site is protected by copyright under U.S. law, international conventions, and other laws. You cannot use the Content or the PLUGOLA store(s) except as specified herein. Any unauthorized use of the Content is prohibited and may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Trademarks
-Trademark in Process--
There are a number of proprietary logos, service marks, and trademarks (collectively, the “Trademarks”) found on the PLUGOLA store(s). The PLUGOLA, PLUGOLA [LOGO], and other trademarks used in the PLUGOLA store(s) are trademarks of PLUGOLA or a third party owner. Nothing contained on the PLUGOLA store(s) should be construed as granting by estoppel or otherwise, any license or right of use to any Trademark displayed on the PLUGOLA store(s). PLUGOLA may terminate this E.U.L.A. and your right to access and use the PLUGOLA store(s) and PLUGOLA web site for any unauthorized use of its trademarks, at its sole discretion, at any time, with or without notice to you. Please note that this Trademark list is periodically updated such that neither this list nor its updates are all-inclusive lists of PLUGOLA’s trademarks. For questions pertaining to PLUGOLA's Trademarks or this Trademark list, please send inquiries to PLUGOLA, Inc., 139 1404 N. Noble St., Suite 2, Chicago, IL, 60622 (60642 After july 1, 2008). -
PLUGOLA STORE(S) AND SERVICES
You agree that the PLUGOLA store(s) and the PLUGOLA web site, including without limitation all software, technology, web sites, text, graphics, user interfaces, visual interfaces, photographs, trademarks, trade dress, logos, sounds, music, artwork, compilation of content, postings, links to other Internet resources, and computer code comprising, incorporated in, appearing on, or used by the PLUGOLA store(s) and the PLUGOLA web site, together with the design, structure, selection, coordination, expression, look and feel, and arrangement of all such elements of the PLUGOLA store(s) and the PLUGOLA web site, are owned by PLUGOLA and/or its licensors, and other third parties and are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use the PLUGOLA store(s), the PLUGOLA web site, or any element thereof in any way whatsoever except in strict compliance with the terms of this E.U.L.A. You understand that by using the PLUGOLA store(s) and/or PLUGOLA services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the PLUGOLA store(s) and/or PLUGOLA services at your sole risk and that PLUGOLA shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the PLUGOLA store(s) and the PLUGOLA web site, in any manner, and you shall not use the PLUGOLA store(s) or the PLUGOLA web site, or any element thereof, to trespass or burden network capacity. YOUR UNAUTHORIZED USE OF ANY SOFTWARE OR OTHER INTELLECTUAL PROPERTY UTILIZED IN THE FUNCTIONALITY OF THE PLUGOLA STORE(S), THE PLUGOLA WEB SITE, OR ANY OTHER ELEMENT OF THEREOF, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT. ALL MONIES OWED WILL BE FORFEITED.
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YOUR ACCOUNT AND PASSWORD
Registration with the PLUGOLA store(s) requires you to open an account (including setting up a unique ID and password). You may only open an account for yourself, and not for any other person. You agree that the information you provide to PLUGOLA during the registration process and any other communications with PLUGOLA, are true, correct, complete, and current and you agree to update such information as necessary so that it remains current, true, correct, and complete. You agree that any information provided by you to us will not violate any law or regulation or infringe the rights of any third party. By opening an account, you are certifying that you are a resident of the United States and that you are capable of entering a contract under the laws of your jurisdiction.
You will be asked during the registration process to enter your payment processor (which may include, without limitation a credit or debit card company, PayPal, or other payment solution) and submit information to that payment processor which will enable payments to be received by PLUGOLA for the sales of Content. All information that is submitted to the payment processor via an application program interface and will be handled, managed, and maintained by the payment processor; as such, the policies, including the privacy policy, of the payment processor will apply to its use and treatment of your information. Although the PLUGOLA website has registration process is completely secure, you acknowledge and agree that the complete privacy of your data and messages transmitted while registering or using the PLUGOLA store(s) cannot be 100% guaranteed. You agree that you will consult the terms and conditions that are imposed by your credit or debit card issuer for notification requirements and limitations on your liability for loss, theft, or unauthorized use of your credit or debit card. You agree that you, and not PLUGOLA, will be solely responsible for the payment of all amounts billed to your credit or debit card by unauthorized third parties.
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your PLUGOLA store(s) account. You agree to notify PLUGOLA immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by PLUGOLA, its third party licensors, or by any other user of or visitor to the PLUGOLA store(s) due to someone else using your unique ID, password or account. No person may use anyone else’s unique ID, password or account at any time. PLUGOLA and its third party licensors cannot and will not be liable for any loss or damage arising from any failure on the part of any person to comply with these obligations.
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AGE REQUIREMENTS
The PLUGOLA store(s) is only available to persons thirteen (13) years of age and older. By continuing the registration process, you are representing to PLUGOLA that you are at least thirteen (13) years of age. Effective April 21, 2000, the Children’s Online Privacy Protection Act (" COPPA") was enacted into law and it imposed new rules regarding the collection of personal information from children younger than the age of 13. Because the PLUGOLA store(s) is not directed to children under the age of 13, we cannot offer the Content to such individuals. If you are under the age of 13, you may not create an account with the PLUGOLA store(s), you shall not be eligible to enter any contests or sweepstakes or to participate in any promotions, and you are requested not to provide any personal information to us.
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PRICES, TAXES, SPECIAL OFFERS AND PROMOTIONS
Features, specifications, services and/or prices offered from the PLUGOLA store(s) may vary and are subject to change at any time without notice and PLUGOLA does not provide price protection or refunds in the event of a price drop or a promotional offering. Purchases from the PLUGOLA store(s) may include sales tax (where applicable) and such tax will be based on the "bill-to" address you provide. In such cases, the sales tax rate in effect at the time the PLUGOLA Download occurs will apply. If the applicable sales tax rate changes before the PLUGOLA Download has been completed, the new tax rate, effective at the time of the completion of the PLUGOLA Download, will apply. You are not eligible for tax exemptions for purchases made from the PLUGOLA store(s). Other product and service limitations and disclaimers may apply. Special product or service offerings and promotions displayed on the PLUGOLA store(s) are considered no longer valid once they are removed from the PLUGOLA store(s). Additionally, all offerings and promotions are subject to change or cancellation at any time without notice.
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ELECTRONIC SIGNATURES AND CONTRACTS
By using the PLUGOLA store(s) and by agreeing with this E.U.L.A., you acknowledge and agree that your electronic submissions constitute your agreement and intention to be bound by such E.U.L.A. and to pay for any purchases that are made in association with your account. Your agreement and intention to be bound by electronic submissions applies to all transactions you enter into on PLUGOLA’s store(s) and its web site, including without limitation, notices of cancellation, policies, contracts, and applications.
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PLUGOLA’S RIGHT TO CHANGE THE PLUGOLA STORE(S), ANY OF ITS SERVICES, THESE TERMS OF SERVICE OR THE E.U.L.A.
PLUGOLA may add to, change or remove any part of the E.U.L.A. at any time. Any changes to the E.U.L.A. apply within thirty (30) business days of the time they are posted at http://www.plugo.la/index.php/home/pages/changes. You should therefore periodically visit this page to review the then-current Terms of Service and E.U.L.A. By continuing to use the PLUGOLA store(s) after any changes are posted, you are indicating your acceptance of those changes and of all of the terms contained therein. PLUGOLA (and/or the copyright holders of the Content, as applicable) may add, change, discontinue, remove, suspend, or discontinue the PLUGOLA store(s) and services, or any part of Content thereof, including features and specifications of products described or depicted on the PLUGOLA store(s), temporarily or permanently, at any time, without notice to you and without liability.
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RISK OF USE
PLUGOLA, licensors, suppliers and affiliates assume no responsibility, and shall not be liable for, any damages to, or viruses that may damage your computer equipment or other property on account of your access to, use of, or browsing of the Content, the downloading of any materials, data, text, images, video, or audio from the PLUGOLA store(s), or any other way, whether or not linked from the PLUGOLA store(s).
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LINKS FROM OTHER WEB SITES
PLUGOLA is not responsible for the content of any web site linked to the PLUGOLA store(s). Your use of links is entirely at your own risk. Any links are provided for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the web site. PLUGOLA disclaims all warranties, express or implied, as to the accuracy, quality, or otherwise of any materials or information contained on such web sites.
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WARRANTIES AND DISCLAIMER OF WARRANTIES
THE PLUGOLA STORE(S), THE PLUGOLA WEB SITE, THE CONTENT, AND THE DOWNLOADS ARE PROVIDED SOLELY ON AN "AS-IS" BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PLUGOLA AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS: (1) DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLUGOLA STORE(S), THE CONTENT, OR THE DOWNLOADS; (2) EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE; AND (3) DO NOT WARRANT THAT THE PLUGOLA STORE(S), THE DOWNLOADS, YOUR USE THEREOF, AND THE CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE. YOUR SOLE AND EXCLUSIVE REMEDY AND WARRANTY AND PLUGOLA'S AND ITS LICENSORS', SUPPLIERS' OR AFFILIATES' SOLE OBLIGATION AND LIABILITY HEREUNDER WITH RESPECT TO THE PLUGOLA STORE(S), THE PLUGOLA WEB SITE, THE CONTENT, AND THE DOWNLOADS WILL BE, AT PLUGOLA'S SOLE OPTION, REPLACEMENT OF THE DEFECTIVE DOWNLOADS OR A FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE DEFECTIVE DOWNLOAD OR AN AMOUNT OF FIFTY DOLLARS ($50.00) WHICH SHALL BE THE LIMIT OF ITS AND THEIR LIABILITY ARISING UNDER OR RELATED TO THIS AGREEMENT. WITHOUT LIMITING ANY PROVISION HEREIN, AND IN THE EVENT THAT USE TERMS PERMIT BURNS OF CONTENT TO RECORDABLE MEDIA OR A HARD DRIVE DEVICE, PLUGOLA MAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER OR PORTABLE DEVICE WILL BE COMPATIBLE WITH THE PLUGOLA STORE(S) OR THE CONTENT OR THAT ANY RECORDABLE MEDIA BURNED USING THE SERVICE WILL FUNCTION IN ALL PORTABLE PLAYERS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.
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DISCLAIMER AND RISK OF USE
The PLUGOLA store(s) and the Content may contain views, advice, and opinions, which represent the views, advice, opinions, and statements of the individual authors and not necessarily those of PLUGOLA or its affiliates. PLUGOLA and affiliates, licensors, and suppliers do not represent or endorse the accuracy or reliability of any view, advice, opinion, statement or other information provided by the PLUGOLA store(s)’ or the Content’s authors. Such views, opinions, advice, statements, or other information are solely those of the authors and cannot be attributed to PLUGOLA or its affiliates. Reliance upon such views, opinion, advice, statement, or other information shall also be at your own risk. Furthermore, PLUGOLA is not responsible for typographical errors. PLUGOLA and its affiliates, shall not be liable to you or any third party for any inaccuracy, error, omission, interruption, infringement of any intellectual property right, completeness, deletion, defect, failure of performance, communication line failure, regardless of cause, or for any damages resulting from any of the above. PLUGOLA, its affiliates and its licensors, suppliers and each of their affiliates, assume no responsibility, and shall not be liable for, any damages to, or viruses that may damage your computer equipment or other property on account of your access to or use of the PLUGOLA store(s) and web site.
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LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED IN THIS E.U.L.A., IN NO EVENT WILL PLUGOLA, ITS AFFILIATES, LICENSORS, AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR LOST PROFITS, HOWEVER CAUSED, ARISING FROM OR RELATING TO THE PLUGOLA STORE(S), THE PLUGOLA WEB SITE, THE CONTENT, THIS E.U.L.A. OR THE SUBJECT MATTER OF IT UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO (1) DAMAGES ARISING FROM LOSS OF DATA; AND (2) DAMAGES ARISING FROM YOUR USE OF THE PLUGOLA STORE(S), PLUGOLA WEB SITE, OR THE CONTENT IN VIOLATION OF THIS E.U.L.A., INCLUDING THE LIMITATIONS ON USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
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INDEMNIFICATION
You will defend and indemnify PLUGOLA and its affiliates, licensors, distributors, and suppliers (and each of their respective affiliates, officers, directors, employees and agents) against any and all claims, losses, damages, liabilities, deficiencies, judgments, assessments, fines, costs and other expenses (including reasonable attorneys' fees) arising from or relating to your use of the PLUGOLA store(s), the PLUGOLA web site, and Content in violation of this E.U.L.A.
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TERMINATION
This E.U.L.A. is effective until terminated. This E.U.L.A. and your rights to access and use the PLUGOLA store(s), the PLUGOLA web site, the Content, are subject to immediate termination, without notice, if you breach any provision of this E.U.L.A. or if you use the PLUGOLA store(s), the PLUGOLA web site, the Content or the Trademarks in violation of this E.U.L.A. If such termination without notice is expressly prohibited by applicable law, then such termination will occur upon notice of any such breach. Upon termination, you must: (i) cease all use of the PLUGOLA store(s), the PLUGOLA web site, the Content, and the Trademarks; (ii) destroy all electronic files of the Content.
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CHOICE OF LAW AND VENUE
This E.U.L.A. and your use of PLUGOLA store(s) and services will be governed by the laws of the State of Illinois, without regard to its conflicts of law principles. Your use of PLUGOLA store(s) and services may also be subject to other local, state, national, and/or international laws. You and PLUGOLA agree that any dispute between you and PLUGOLA arising out of or related to this E.U.L.A., the PLUGOLA web site, the PLUGOLA store(s), services, or the Content will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (the “AAA”) and conducted under the then-current rules of the AAA, except as otherwise provided below. You and PLUGOLA will agree on another arbitration forum if AAA ceases operations. The arbitration will be conducted before a single arbitrator who has practiced law in the music business for the last ten (10) consecutive years and will be limited solely to the dispute between you and PLUGOLA. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held in the County of Cook and/or City of Chicago, Illinois. If you prevail in the arbitration of any dispute with PLUGOLA, PLUGOLA will reimburse you for any fees you paid to AAA in connection with the arbitration.
Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a dispute in a forum other than AAA, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq.
You understand and agree that any unauthorized use of the PLUGOLA store(s) (including all elements thereof), the PLUGOLA web site, and any Content, or any related software or materials, would result in irreparable injury to PLUGOLA and its affiliates or licensors for which money damages would be inadequate, and in such event PLUGOLA, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this E.U.L.A. shall be construed to limit remedies or relief available pursuant to statutory or other claims that PLUGOLA, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
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SURVIVAL
The paragraphs entitled "INDEMNIFICATION" and "CHOICE OF LAW AND VENUE" will survive termination of this E.U.L.A.
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MISCELLANEOUS
This E.U.L.A. constitutes the entire agreement between you and PLUGOLA with respect to its subject matter. No employee of PLUGOLA has the authority to alter or vary any of the policies of PLUGOLA, the PLUGOLA store(s), or the E.U.L.A. If any part of this E.U.L.A. is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this E.U.L.A. will be interpreted so as to reasonably effectuate the intention of the parties. PLUGOLA’s failure to enforce any right or provision in this E.U.L.A. will not constitute a waiver of such provision or any other provision of this E.U.L.A. Headings are for reference purpose only and in no way define, limit, construe or describe the scope or content or extent of such sectio