CrossLoop Terms of Use

CrossLoop, Inc. (“CrossLoop”,“us”, or “we”) provides in connection with the CrossLoop website, located at http://www.crossloop.com (the “Website”), products and services related to CrossLoop’s proprietary screen sharing technology (collectively, the “CrossLoop Products”), access to a platform to facilitate communication, support and training and economic transactions between Customers and Helpers (“CrossLoop Marketplace”). As used herein, “CrossLoop Services” means the CrossLoop Products, the CrossLoop Marketplace, the Payment Processing Services (as defined in Section 4), the Website itself, and any other features, content, services, or applications offered from time to time by us in connection with the CrossLoop Products, the CrossLoop Marketplace and the Website.

These Terms of Use (“Terms of Use” or “Agreement”), together with the CrossLoop privacy policy (the “Privacy Policy”) that can be found here and which are hereby incorporated by reference, set forth the legally binding terms for your use of the CrossLoop Services. Your use of any software that is made available to you by CrossLoop through the CrossLoop Services is subject to the license agreement accompanying such software, as further described below. If you use additional products and services that CrossLoop offers in connection with the CrossLoop Services, these additional products and services may be governed by additional terms and conditions and we will inform you accordingly when you sign up for these additional products and services. Unless otherwise provided by the additional terms and conditions, they are hereby incorporated into this Agreement by reference. By accessing and using the CrossLoop Services, you agree to comply with and be bound by this Agreement, whether you are a “Visitor” (meaning you are simply browsing the Website) or are a “User” (meaning that you have registered with us and set up an Account as set forth below). If you are an individual using the CrossLoop Services on behalf of a company, you represent and warrant that you have all necessary authority to bind your company to the terms and conditions of this Agreement.

Please read this Agreement carefully before accessing, purchasing, or using the CrossLoop Services or parts thereof. This Agreement is a legally binding agreement between you (the individual using the CrossLoop Services or the company (if any) for which they are used) and CrossLoop.  By proceeding to establish an Account, using the CrossLoop Services, or purchasing CrossLoop Products, you agree to be bound by the terms and conditions of this Agreement.

1.                 Your Account

In order to use and order CrossLoop Products or to participate in certain CrossLoop Services (and to become a User), you must create an account with CrossLoop by registering on the Website (“Account”).

1.1             Eligibility. By creating an Account and/or using the CrossLoop Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are of sufficient legal age in your jurisdiction to create binding legal obligations, but in no event less than (18) years of age; and (d) your use of the CrossLoop Services will not violate any applicable law or regulation or the terms of this Agreement.

1.2             Password.  When you sign up to become a User, you will be asked to choose a screen name and a password for your Account. You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the Account, login, screen name, or password of any other User at any time. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password.  You are solely responsible for any and all use of your Account and/or your password.

1.3             Fees and Charges.  Certain CrossLoop Services (included, but not limited to, the Payment Processing Services, which are set forth in Section 4 of the Agreement, and the CrossLoop Packaged Marketplace, which are set forth in Section 3.1(c) of this Agreement) are provided or licensed subject to payment of a fee.  This Section 1.3 applies to you if you use any such CrossLoop Services. Any fees that you may be entitled to received from another User for helping such User, or that you may owe to another User for receiving help from such User, are not fees that you are entitled to receive from CrossLoop or that you may owe to CrossLoop, but solely from such other User that you helped or received helped from, based on the transaction that you entered into with such User, as described in more detail in other Sections of this Agreement. The fee that you may owe to CrossLoop hereunder is a fee for the CrossLoop Services and not any transaction that you may have entered into with another User.

(a)              Upon using or licensing any fee-bearing CrossLoop Services, you will be responsible for the payment of any applicable fees and charges, and shall pay such fees to CrossLoop.  The fees CrossLoop charges for the respective CrossLoop Service shall be described in this Agreement or posted at www.crossloop.com, and CrossLoop reserves the right to change the fees from time to time in its discretion and will post notices of all such changes on the Website. Any circumvention or manipulation of, and any attempt to circumvent or manipulate, the fee structure for the CrossLoop Services, the process of billing such fees, and the payment thereof, will constitute a material breach of the Agreement.

(b)              Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the CrossLoop Services in a timely manner with a valid payment method. If your payment method fails or your Account is past due, we may collect fees owed using other collection mechanisms. (This includes charging payment methods on file with us, retaining collection agencies and legal counsel, and for Accounts over ninety (90) days past due, suspending or terminating your Account.)

1.4             Term and Termination.  This Agreement shall remain in full force and effect for any period of time in which you are either a Visitor or a User. You may terminate your Account at any time and for any reason by providing notice of termination to CrossLoop through any of the following means: by issuing an email to CustomerSupport@CrossLoop.com, by sending written notice by registered or certified mail, return receipt requested addressed to CrossLoop, Inc., 380 Foam Street, Suite 205, Monterey, California 93940, U.S.A. or by facsimile to +1-831-655-9738.  Notice will be deemed given five (5) days after such notice is transmitted. CrossLoop may terminate your Account and/or stop providing the CrossLoop Services to you if (a) CrossLoop, in its sole discretion, believes that you are in breach of this Agreement; (b) CrossLoop decides, in it sole discretion, to stop providing the respective CrossLoop Services; or (c) for any or no reason by giving you thirty (30) days notice by sending an e-mail to you at the e-mail address that you have provided for your Account.  If you terminate your Account, CrossLoop has no obligation to refund you any fees.  If CrossLoop terminates your Account without cause, CrossLoop will refund you a pro rata portion of any fees that you have paid for the terminated Account.  You understand that any termination of this Agreement and/or your Account may involve deletion from our live databases of the information you provided in connection with your Account. CrossLoop will have no liability whatsoever to you for any termination of your Account or the CrossLoop Services, or any deletion of any information you have provided to CrossLoop.  CrossLoop may modify, suspend or discontinue the CrossLoop Services at any time, for any reason, in its sole discretion.  Any provision that by its nature is intended to survive the termination of this Agreement shall survive any termination.

1.5              Account not transferable.   You agree not to (a) use the Account, login, screen name, or password of any other User at any time, (b) allow or enable any third party to use your Account, login, screen name, or password, or (c) sell, rent, borrow, or otherwise transfer your Account, temporarily or permanently, to any third party. Any violation of this Section 1.5 will constitute a material breach of the Agreement.

2.                 Proprietary Rights

2.1             Website Content: License and Ownership.  The documents and other information and content available on the Website (the “Website Content”) are protected by copyright laws throughout the world and you acknowledge that all intellectual property rights in the CrossLoop Services and the underlying technology, and all Website Content (including, without limitation, ratings and track records for Helpers and Customers) are owned by CrossLoop and its licensors.  CrossLoop hereby authorizes you to download, view, copy and print documents and graphics in the Website Content subject to the following: (a) the Website Content may be used solely for personal and informational purposes and to support your use of the Software; and (b) the Website Content may not be modified or altered in any way.  No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original.  You may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, modify, adapt, or distribute any Website Content in whole or in part without the express authorization of CrossLoop.  Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark or copyright of CrossLoop or any third party. 

2.2             Software.  Any software that is made available by CrossLoop to download from the CrossLoop Services is the copyrighted work of CrossLoop or other indicated third parties (“Software”).  Software that is designated on the Website as being proprietary to or provided by CrossLoop is referred to herein as “CrossLoop Software.” CrossLoop Software is licensed not sold and is subject to the CrossLoop end user license agreement which accompanies the CrossLoop Software.  You must accept the end user license agreement to install or use the CrossLoop Software.  All rights, title and interest not expressly granted are reserved by CrossLoop.  Some Software on the Website maybe designated as originating from third parties, including shareware, freeware, open source software, and other software made available to you via FTP download (“Third Party Software”).  CrossLoop has no responsibility to you for Third Party Software.  Third Party Software may be subject to license agreements and other terms and conditions of such third parties that accompany the Third Party Software, and you agree to abide by such terms.  Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software. In particular, if the Third Party Software is subject to the GNU General Public License (GPL), nothing in this Agreement restricts your right to copy, modify, and distribute such Third Party Software. Applicable licenses, source code, attributions, and/or other information regarding any such Third Party Software may be found at the end of this Agreement. CrossLoop has no obligation to provide support, maintenance or other services in connection with Third Party Software.

2.3             Content Ownership.  We do not claim ownership in any “Content” (which means, without limitation, any and all information, data, results, ideas, plans, postings, messages, sketches, opinions, text, files, links, images, photos, inventions (whether or not patentable), models, notes, works of authorship, feedback, or other materials) that is uploaded, provided or otherwise transferred to the CrossLoop Services (“posted”) by you (“your Content”), but to be able to legally provide you and other visitors and users with the CrossLoop Services, we have to have certain rights to store your Content and to make it available to other Visitors and Users. In return, we also make the Content of other Users available to you through the CrossLoop Services as set forth below in Section 2.5.  We are not obligated to backup any Content that is posted on the CrossLoop Services. You are solely responsible for creating backup copies of and replacing any of your Content that you post or store on the CrossLoop Services, at your sole cost and expense.

2.4             Your Content.  You hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free license to store, reproduce, distribute, publish, transmit, publicly display, and use your Content in connection with the CrossLoop Services.  You should only upload Content to the CrossLoop Services (a) for which you are willing to grant the licenses described herein, and (b) for which you have sufficient rights to grant the licenses described herein. 

2.5             Other User’s Content.  The CrossLoop Services will contain Content posted by other Users (“Third-Party User Content”).  Such Users and/or other third parties own and retain all proprietary rights in such Content.  Third-party User Content can generally be accessed by every visitor and User of the CrossLoop Services, subject to the terms and conditions of this Agreement.  You acknowledge that all the intellectual property rights in the Content (other than your Content) are owned by the User who submitted such Content, or a third party. CrossLoop solely provides you and other Visitors and Users a platform which can be used to share Content with other Visitors and Users under the rules and conditions agreed upon between you and other Visitors and Users.  Your interactions with other Visitors and User on and through the CrossLoop Services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Visitor and User.  You agree that CrossLoop will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Visitor’s or User’s use or disclosure of your Content and personally identifiable information. Notwithstanding the foregoing and except for Content that is owned by you, that is in the public domain, or for which you have been given a license by the respective owner, you agree not to use, reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, disclose to any third party, or create derivative works based on the Content.

3.                 Interaction with other Users

3.1             Providing and receiving help.

(a)             Helper.  The CrossLoop Services allow a User (“Helper”) to access the computer of another User (“Customer”) to work with the Customer remotely, including, without limitation, to provide technical support and/or training to the Customer. Such access of the computer of the Customer by the Helper through the CrossLoop Software subject to the terms and conditions of the license agreement for such CrossLoop Software is only established (a) upon request of the Customer, (b) after the Customer has consented to such access, and (c) only as long as Customer allows such access through the CrossLoop Software. The CrossLoop Software also allows Customers to grant “view only” control, which allows the Helper to only see the screen of the computer of the Customer. Customer should always only grant the type of access of the computer of the Customer to the Helper that the Customers is comfortable with and that allows the Helper to perform its services to the Customer.

(b)               Verified Helper. For certain technical support and/or training services, CrossLoop may designate certain Helpers as tested and certified by CrossLoop to meet certain criteria (“Verified Helpers”). For those Helpers residing in the United States who wish to become Verified Helpers, CrossLoop utilizes an independent third party to provide a background search of public records. If such third party provider reports to CrossLoop that a particular Helper has no [(a) felony convictions; (b) active or open warrants for arrest; (c) misdemeanor convictions for: (i) personal injury or death, (ii) damage or destruction of property, (iii) petty theft or shoplifting, (iv) fraud, (v) misappropriation of funds, (vi) sex crimes or prostitution, (vii) aggravated assault or battery or assault or battery with weapon, (viii) use of weapons or force, (ix) sale or possession of weapons or explosives, (x) smuggling for commercial gain, (xi) lewd and lascivious acts (pornography, prostitution, and indecent exposure), (xii) fraud or abuse involving federal or state program, (xiii) transportation or sale of controlled substance, (xiv) criminal mischief, (xv) aiding in an escape, (xvi) resisting arrest, (xvii) offenses related to bribery, forgery or counterfeiting, (xviii) stalking, (xix) repeat domestic violence offenses, (xx) perjury, (xxi) embezzlement, (xxii) blackmail, (xxiii) extortion, (xxiv) identity theft, (xxv) pending or deferred cases that meet any of the above criteria; (d) computer crime convictions (hacking, infringement, spamming, denial of service); and (e) income tax evasion convictions with penalties greater than one year], and CrossLoop has otherwise accepted the Helper, the Helper will become a Verified Helper. For those Helpers residing in the United States who wish to become Verified Helpers, such checks typically search public records dating back five to seven years from the date of search. For those Verified Helpers residing outside the United States, CrossLoop has employed other reasonable standards of review. All background checks search only the public records of the country in which the Helper is currently residing, and are subject to the accuracy and reliability of CrossLoop’s third party providers. Your interactions with the Verified Helpers, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the Verified Helper, and CrossLoop will not be responsible for any loss or damage incurred as the result of any such dealings. Except as expressly set forth to the contrary, all references to Helper in this Agreement shall be deemed to include Verified Helpers.

(c)               The CrossLoop Packaged Marketplace. The CrossLoop Packaged Marketplace. For certain CrossLoop Services, CrossLoop may facilitate the Customer’s use of a Helper by offering certain packaged Technical Services at fixed prices. Once Customer has chosen a particular Technical Service package, CrossLoop will match Customer with a Helper, and such Helper will provide the applicable Technical Services to Customer. CrossLoop makes no representations or warranties regarding the CrossLoop Packaged Marketplace. Helpers engaged by Customer through the CrossLoop Packaged Marketplace are not employees, agents, affiliates, or contractors of CrossLoop, and CrossLoop is not responsible for the exchange of information, services, or goods between Customers and such Helpers.

3.2             Agreement between Users.  When Helper and Customer establish an online connection between their computers as set forth herein (a “Session”), they enter into an agreement between each other (the “Help Agreement”) with respect to (a) the scope of the support or other work that the Helper provides to the Customer during that Session, (b) any consideration the Helper may received from the Customer for the Session or any specific task that is performed during the Session, and (c) any other conditions under which the Session is established and which the Helper and Customer agree upon.

3.3             Role of CrossLoop.  You agree and acknowledge that (a) CrossLoop is not a party to any Help Agreement and that the Help Agreement is solely between you and another User, (b) CrossLoop is not responsible or liable to you or any other User in connection with any Session and Help Agreement and any loss of data or damage or destruction of any data, software, or hardware in connection with a Session, (c) CrossLoop has no obligations to enforce any Help Agreement or to provide any information or documents to any User in connection with a Help Agreement, and (d) any Help Agreement that you enter into with another User contains the minimum terms of the CrossLoop User Principles as set forth in Section 3.4, and neither you, nor the User you enter into the Help Agreement with, may exclude the CrossLoop User Principles from the Help Agreement. Except as expressly set forth in Section 3.1(b), you acknowledge that CrossLoop does not verify the information provided by, and the identity of, Users that create Accounts with the CrossLoop Services and that CrossLoop therefore cannot be held liable if any such information or identity, is incorrect or incomplete, and you are solely responsible for researching all information about and from the User you are entering a Help Agreement with that you may require, and to verify this information, if necessary. Helpers and Customers are not employees, agents, affiliates, or contractors of CrossLoop. CrossLoop is not responsible for the exchange of information, services, or goods between Customers and Helpers.

3.4             CrossLoop User Principles.  When you enter into a Help Agreement with another User, you agree to include, and abide by, the following“CrossLoop User Principles”:

(a)              Privacy.  No User shall use or share any information (including, without limitation, any personally identifiable information) of another User received in or perceived in the course of a Session, for any purpose other than (a) for the agreed upon purpose of that Session, or (b) for any purpose agreed upon between and with the other User; unless required by law. No User will attempt to gain unauthorized access to any account information, password, computer system, or network.

(b)              Safety.  No User will do harm to another User. No User will, in connection with a Session, intentionally or willfully destroy or damage data, information, software, hardware, property, or the wellbeing of another User. Users will not interfere with any computer or network, including, without limitation, by (i) uploading, posting, mailing, or otherwise transmitting Prohibited Content, or (ii) overloading, flooding, spamming, or “mail bombing” any computer, website, or server.

(c)               Legality.  No User will, in connection with a Session, intentionally or willfully violate any applicable law or regulation.

3.5             Payments to Helpers.  If Customer uses the CrossLoop Packaged Marketplace, or if Helper and Customer have agreed upon the payment of fees as a consideration of the services performed by the Helper to the Customer under the Help Agreement, such payments have to be made by the Customer to the Helper using the CrossLoop payment processing services as set forth in Section 4.

4.                 Payment Processing Services

CrossLoop offers Customers and Helpers the CrossLoop payment processing services to facilitate any payments made by Customers to Helpers for Technical Services performed by such Helpers (the “Payment Processing Services”)

By sending payments to Helpers through the Payment Processing Services, if you are a Customer, or by using the Payment Processing Services to demand and/or receive payments from Customers, if you are Helper, you appoint CrossLoop as your payment processor in connection with your use of the CrossLoop Services and the Technical services performed by Helpers to Customers using the CrossLoop Services under the Agreement.

4.1             CrossLoop Service Fees.  In consideration of their use of the CrossLoop Services, Helpers shall pay the applicable CrossLoop service fee set forth at http://www.crossloop.com/help/pricing_structure (“Service Fee”). The Service Fee shall accrue upon payment of the Helper Fee (as defined below) by Customer to Helper through the Payment Processing Services.

4.2            Payment Services.  CrossLoop offers Helpers and Customers the Payment Processing Services that shall be used (a) by Customers to pay Helpers (or, for the CrossLoop Packaged Marketplace, to pay Helpers through CrossLoop) and (b) by Helpers to receive payments from Customers, for Technical Services performed under a Help Agreement between the two parties in accordance with the Agreement.

(a)            Payment by Customer. Payments by Customer to the respective Helper for Technical Services shall be made as follows:

(A)            Payment through CrossLoop. Customer shall pay the amounts owed to Helper for the Technical Services performed by the Helper for such Customer (“Helper Fee”) through the Payment Processing Services, using the payment link provided by the CrossLoop Services. Such payment by Customer of the Helper Fee is not a payment to CrossLoop, but a payment to Helper, through the Payment Processing Services. The amounts owed by Customer to Helper is the amount agreed upon between Customer and Helper for the Technical Services performed by the Helper.

(B)            Payment Information. Customer acknowledges and agrees that CrossLoop and CrossLoop’s payment service providers (a) collect and store all information (including personal information) necessary to receive Customer’s payment of Helper Fees, (b) run authorization and verifications processes in connection with the payment method selected by Customer to pay the Helper Fee, and (c) charge Customer’s account with the selected payment method in the amount of the Helper Fees.

(C)            No direct payments. Customer shall make payments of Helper Fees to Helpers solely through the Payment Processing Services, as set forth herein, and shall not make any payments directly to Helper or any third party and any such payment by Customer directly to Helper or any third party shall be a material breach of the Agreement. Customer shall notify CrossLoop immediately if a Helper suggests or requests making a direct payment to such Helper or a third party, and Helper shall notify CrossLoop immediately if a Customer suggests or makes a direct payment to Helper or a third party; the failure to do so in each case shall be a material breach of the Agreement.

(D)            No Chargebacks. Customer shall not issue Chargebacks for any payments of Helper Fees made through the Payment Processing Services for Technical Services performed by a Helper under a Help Agreement, but shall contact the respective Helper instead to address any issue in connection with the Technical Services of such Helper and the payments of the Helper Fees therefore. “Chargeback” means a reversal of a payment by credit card or other payment method in which (x) the credit card issuer or payment provider credits the amounts charged to the account of a Customer in connection with receiving Technical Services to such account after the Customer successfully disputes the transaction; and (y) the credit card issuer or payment provider deducts such amounts from CrossLoop’s account with the credit card issuer or payment provider, regardless of whether CrossLoop consented to such credit.

(b) Payment to Helper. CrossLoop will remit the Helper Fee received from a Customer through the Payment Processing Services to the respective Helper, less the Service Fee, as follows:

(A)            CrossLoop will remit Helper Fees to Helpers not earlier than forty-eight (48) hours after CrossLoop received such Helper Fee from the Customer and only if Customer does not dispute the Helper Fees within these forty-eight (48) hours;

(B)            CrossLoop will initiate the remittance of the accumulated Helper Fees to Helpers once weekly on Tuesday (or, if any such day is a holiday or non-working day, on the following day that is not a holiday or non-working day), provided that the aggregate amount of Helper Fees received by CrossLoop since the last remittance of Helper Fees from CrossLoop to Helper is Twenty-Five U.S. Dollars (U.S. $25.00) or more;

(C)            All payments of Helper Fees are made by CrossLoop only to the PayPal account specified by Helper and Helper is solely responsible for (i) providing CrossLoop with the correct information about such account and (ii) keep the information about such account updated during the term of the Agreement;

(D)            Helper acknowledges and agrees that if a Customer requests a refund of the Helper Fees from CrossLoop subject to the 48hrs Money Back Guarantee set forth in Section 4.5, CrossLoop shall have the right to grant such refund as set forth therein. If CrossLoop refunds the Helper Fee to the Customer as set forth in Section 4.5 (a) CrossLoop shall not be entitled to receive any Service Fee for such refunded Helper Fee and (b) Helper shall not be entitled to receive such refunded Helper Fee or any part thereof;

(E)            Helper acknowledges and agrees that if a Customer issues a Chargeback for a Helper Fee that has been paid by Customer through the Payment Processing Services for Technical Services of Helper (a) Helper shall not be entitled to receive such Helper Fee or any part thereof and (b), if the Chargeback was issued by the Customer after the Helper Fee (less the Service Fee) was already remitted to Helper by CrossLoop, Helper shall refund CrossLoop such Helper Fee (less the Service Fee) and CrossLoop may offset such Helper Fee (less the Service Fee) against any future Helper Fees that CrossLoop has to remit to Helper hereunder. Helper shall indemnify CrossLoop for any fees and costs of CrossLoop for Chargebacks and CrossLoop may offset such fees against any future Helper Fees that CrossLoop has to remit to Helper hereunder.

(c) Holding of Funds. Both Helpers and Customers acknowledge and agree that CrossLoop does not hold funds from the payments of different Customers in separate accounts of CrossLoop, but may comingle such funds and, to the extent CrossLoop is obligated to make payments to a Helper hereunder, such Helper will be unsecured creditor of CrossLoop until all payments that CrossLoop has received for this Helper are paid out as set forth herein.

(d) Termination of Helper account. If Helper terminates its Account with the CrossLoop Services, any and all Helper Fees not already remitted by CrossLoop will be remitted not later than thirty (30) days after such termination.

(e) Interest. Both Helpers and Customers acknowledge and agree that they not entitled to, and will not receive, any interest, fees, or other earnings on any payments to or funds held by CrossLoop in connection with the Payment Processing Services. CrossLoop may earn and retain interest in those funds, or may received a reductions in fees or expenses for banking services or other compensation with respect to any such funds.

(f) Currency. CrossLoop will remit the Helper Fees as set forth in Section 4.2(b) only in U.S. Dollars. Any payments of Helper Fees received by CrossLoop in a currency other than U.S. Dollars that is accepted by CrossLoop’s payment provider, will be converted by CrossLoop’s payment solution provider into U.S. Dollars in accordance with the payment solution provider’s terms and conditions that you can find at https://www.paypal.com/us/cgi-bin/webscr?cmd=p/gen/ua/ua-outside. CrossLoop is not responsible for currency conversions or fluctuations that may occur when payments of Helper Fees are denominated in a currency other than U.S. Dollars.

4.3 Invoices and Taxes. CrossLoop shall have no obligation under the Agreement to issue any formal invoices, remitting, or withholding any taxes applicable to the Helper Fee, or determine if any of the foregoing is necessary. Helper shall be solely responsible for (a) issuing any formal invoice for the Helper Fee and (b) remitting any sales, value added, or other taxes or similar charges applicable to the Helper Fees, and to determine whether any of the foregoing would be required by applicable law. Helper shall also be responsible to determine whether CrossLoop is required to withhold any amount of the Helper Fees under applicable law, inform CrossLoop accordingly, and for indemnifying CrossLoop for any claims in connection with the foregoing. CrossLoop has the right, but no obligation, to audit and monitor Helper’s compliance with the foregoing obligations and any applicable tax laws and regulations.

4.4 Role of CrossLoop. Users acknowledge and agree that (a) CrossLoop is not a bank or licensed financial institution, (b) CrossLoop is not acting as a fiduciary or trustee with respect to any payments received and held, but that CrossLoop is only acting as a payment processor in accordance with the Agreement, (c) any payments received and held as funds until remittance to Helpers are not insured deposits and that any funds shown in the account of any Helper represent unsecured obligations of CrossLoop to the Helper with respect to the provision of CrossLoop Services, and (d) Helper’s account with CrossLoop does not constitute an escrow.

4.5 48hrs Money Back Guarantee for Customers. CrossLoop provides the following guarantee solely for payments by Customer to Helpers through the Payment Processing Services. If you are a Customer and believe that a Helper was unable to solve your problem or do the work that this Helper promised to do, you may contact CrossLoop for a refund of any Helper Fees that you have already paid for such deficient Technical Services through the Payment Processing Services. CrossLoop will refund such Helper Fees (a) for up to three (3) instances in which you request such refund and (b) up to a maximum amount equal to Two Hundred U.S. Dollars (U.S.$200.00) per such instance, provided CrossLoop receives your request through the CrossLoop payment console within forty-eight (48) hours after the completion of the deficient Technical Services. CrossLoop reserves the right to request additional information from you, or reject the request for a refund, if CrossLoop reasonably believes that a refund request is abusive.

4.6 Disputes between Customer and Helpers related to Helper Fees. If Customers dispute the amount of a Helper Fee or the performance of the Helper or if Helpers dispute the amount or timeliness of a Helper Fee, CrossLoop will have no obligation to become involved in such dispute, but the either party of the dispute may contact CrossLoop and CrossLoop may use reasonable efforts to help the parties to settle their dispute. Notwithstanding the foregoing, if Customers dispute the amount of a Helper Fee or the performance of the Helper in connection with the CrossLoop Packaged Marketplace, CrossLoopwill use reasonable efforts to help the parties to settle their dispute.

5.                 Acceptable Use and Conduct

You are solely responsible for any and all Content that is posted, exchanged, made available, provided, or processed by or through your Account on the CrossLoop Services or during a Session, including any e-mail, and for your interactions with any other Visitor and User, including in connection with a Session.

5.1             Prohibited Content.  You agree that you will not post, exchange, make available, provide, or process any Prohibited Content. “Prohibited Content” includes Content that: (a) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) bullies, defames, harasses or advocates stalking, bullying, or harassment of another person; (c) involves the transmission of “junk mail”, “chainletters,” or unsolicited mass mailing, or “spamming”; (d) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) infringes another person’s Content without a license to do so, whether or not the intellectual property is registered (or filed for registration) in any country; (f) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained Content, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (g) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (h) provides instructional information about illegal activities such as, without limitation, making or buying illegal weapons or substances, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (i) solicits passwords or personally identifying information for commercial or unlawful purposes from other users; (j) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (k) contains viruses, Trojan horses, worms, time bombs, or similar software; or (l) otherwise violates the terms of this Agreement or creates liability for us. You represent and warrant that: (1) you own the Content posted by you on the CrossLoop Services or otherwise have the right to grant the license set forth in this Agreement and (2) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person.

5.2             Breach.  Any use of the CrossLoop Services in violation of this Agreement may result in, among other things, immediate termination or suspension of your rights to use the CrossLoop Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems, customers, and other Visitors and Users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, Account information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.

5.3             Enforcement by Us.  We have the right (but not the obligation) to review any Content and delete (or modify) any Content from the Website that in our sole judgment violates this Agreement or which is Prohibited Content, or may otherwise threaten the safety of, or harm any other person, or create liability for us or any other person.  We reserve the right (but have no obligation) to investigate and take appropriate action, including without limitation, removing the Prohibited Content from the CrossLoop Website (or modifying it), terminating your membership, reporting you to law enforcement authorities, in our sole discretion if you violate this provision or any other provision of this Agreement.

5.4             Limited Commercial Use.  You acknowledge and agree that you may use the CrossLoop Services for commercial purposes solely in connection with providing, as a Helper, technical and information technology support, software and application support, training and education instruction services related to software and computer hardware, and training and trouble shooting services relating to peripheral devices attached to a Customer’s computer, to Customers through the CrossLoop Services (“Technical Services”) or in connection with other services that are specifically approved in writing by us.  You may elect to display a public profile on the CrossLoop Services solely in connection with and to promote your delivery of Technical Services.  Except as set forth in this Section 5.4, you shall not use the CrossLoop Services for purposes of advertising or solicitation, including by way of example using the “about me” section of your profile solely to promote your offline business or including any company or third party URL in such profile.  Except as expressly permitted herein, commercial advertisements, affiliate links, other forms of solicitation, and inclusion of telephone numbers in public profiles are not allowed, may be removed from your Content without notice, and may result in suspension or termination of your Account. 

5.5             No Disruption.  You will not: (a) cover or obscure the banner advertisements on any web page that is part of the CrossLoop Services via HTML/CSS, scripting, or any other means, (b) interfere with, disrupt, or create an undue burden on the CrossLoop Services or the networks or services connected to the CrossLoop Services; (c) introduce software or automated agents to the CrossLoop Services so as to produce multiple accounts, generate automated messages, or to strip or mine data from the CrossLoop Services; or (d) interfere with, disrupt, or modify any data or equipment to manipulate the location-based functionality of the CrossLoop Services.

5.6             Spam; Solicitation.  You represent and warrant that you will (a) not use the Website to generate or distribute spam, or unsolicited emails for recruitment or advertising purposes; (b) not harvest any email addresses from the Website for the purpose of sending email in violation of applicable law; (c) comply with all applicable laws with respect to any collection, use, or disclosure of personal data, and email communications, including without limitation CAN-SPAM, applicable state laws, and applicable laws in non-U.S. jurisdiction. CrossLoop may terminate your account and/or stop providing the CrossLoop Services to you if you breach this Section 5.6.

5.7             Miscellaneous.  You will not attempt to impersonate another Visitor, User, or person, including any of our employees.  You will use the CrossLoop Services in a manner consistent with any and all applicable laws and regulations.

6.                 Other Users and Third Parties

6.1             Third Party Content.  Content from other Users and third parties will be made available to you through the CrossLoop Services (including, without limitation, in connection with Sessions). Because we do not control such Content, you agree that we are not responsible for any such Content. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, inappropriate, or unlawful Content made available by other Users, and third parties.

6.2             User and Visitor Interaction.  You will not use any Content or other information obtained from the CrossLoop Services or in connection with a Session in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Visitor or User without their prior explicit consent.  In order to protect our Visitors and Users from such advertising or solicitation, we reserve the right to restrict the number of communications which a User may send to other Users and the sharing of any Content in any twenty-four (24) hour period to a number and amount which we deem appropriate in our sole discretion.

6.3             Dispute with other Users or Visitors.  If there is a dispute between you and any third party (including any Visitor or User) in connection with the CrossLoop Services (including, without limitation, in connection with a Session or Help Agreement or any consideration for Technical Services), we are under no obligation to become involved, unless otherwise provided herein; however, we reserve the right, but have no obligation, to monitor disputes between you and any such party. 

6.4             Third-Party Websites.  The CrossLoop Services might contain links to third-party websites (each, a “Third-Party Website”) (a) placed by us as a service to those interested in this information; or (b) posted by other Users. You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website.  We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites, or websites linking to the Website. When you leave the Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. The Website may include hyperlinks to websites not controlled by CrossLoop, and access to content, products and services from third parties.  CrossLoop is not responsible for the availability of, and any content on those websites to which it provides links.  CrossLoop provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.  You agree that CrossLoop is not responsible for third party content accessible through the Website, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content and that CrossLoop is not responsible for any loss or damage of any sort you may incur from dealing with any such third party. 

7.                 Copyright Policy

It is our policy to terminate membership privileges of any User who repeatedly infringes any copyright, after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on the CrossLoop Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c)  a description of where the material that you claim is infringing is located on the CrossLoop Services; (d) your address, telephone number, and e-mail address; (f) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:

       Cooley Godward Kronish, LLP
       Attn: Anne Peck
       Five Palo Alto Square, 4th Floor
       3000 El Camino Real
       Palo Alto, CA 94306

8.                 Security

Security is a high priority for us, and we make reasonable efforts to protect your Account and data through the design of the CrossLoop Services as well as through technical means, including the use of encryption and firewalls.  However, no company, including CrossLoop, can fully eliminate security risks connected to handling data on the internet and you acknowledge, understand and agree that CrossLoop therefore cannot and does not guarantee the security of your data while it is transmitted over the Internet or stored on the CrossLoop Services.

 9.                 Disclaimers

THE CROSSLOOP SERVICES, ANY RELATED SOFTWARE, INCLUDING THIRD PARTY SOFTWARE,  AND ALL OTHER MATERIALS ARE PROVIDED “AS-IS”. CROSSLOOP AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SOFTWARE, CROSSLOOP SERVICES, VERIFIED HELPERS, OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY CROSSLOOP, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS AGREEMENT AND THAT NO WARRANTIES ARE MADE BY ANY OF CROSSLOOP’S SUPPLIERS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE. CROSSLOOP MAKES NO WARRANTY THAT:  (A) THE CROSSLOOP SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE CROSSLOOP SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE AND MALICIOUS CODE-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CROSSLOOP SERVICES WILL BE ACCURATE OR RELIABLE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 10.                 Limitation on Liability

YOU WILL NOT HOLD CROSSLOOP RESPONSIBLE FOR OTHER USERS'’ ACTIONS OR INACTIONS (INCLUDING WITHOUT LIMITATION, THOSE ACTIONS OR INACTIONS OF VERIFIED HELPERS), INCLUDING CONTENT THEY MAY POST ABOUT YOU. EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT, CROSSLOOP IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY OTHER USER OF THE CROSSLOOP SERVICES. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY OR LEGALITY OF ANY INFORMATION, PRODUCT, OR SERVICE, INCLUDING, WITHOUT LIMITATION, ANY TECHNICAL SERVICES, PROVIDED BY ANY USER THROUGH THE CROSSLOOP SERVICES, THE TRUTH OR ACCURACY OF SUCH ITEMS, OR THE ABILITY OF A USER TO PROVIDE SUCH ITEMS AND SERVICES.

IN NO EVENT SHALL CROSSLOOP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE CROSSLOOP SERVICES, EVEN IF CROSSLOOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CROSSLOOP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE CROSSLOOP SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS ($50) AND THE AMOUNTS YOU PAID TO CROSSLOOP IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM, IF ANY.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction. 

11.             General

11.1         Amendments.  This Agreement may be modified by us from time to time.  If we make material changes to the Agreement, we will notify you by sending an e-mail to the e-mail address you provided to us in connection with your Account, or by other means.  You agree that such amended Agreement will be effective fourteen (14) days after notice is sent to you, and your continued use of the CrossLoop Services after that time shall constitute your acceptance of the amended Agreement.

11.2         Force Majeure.  Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.

11.3         Indemnity.  You agree to defend, hold harmless, and indemnify CrossLoop, its subsidiaries, affiliates, officers, agents, and other partners and employees, from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of (a) your use of the CrossLoop Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement, and (b) any of your actions in connection with Sessions in which you participate, either as a Helper, or a Customer.

11.4         Relationship.  No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

11.5         U.S. Export Controls. You shall not download any Software or technical data from the CrossLoop Services or otherwise export or re-export such items in violation of U.S. export laws.  By downloading or using any Software or technical data, you represent and warrant that such download or use is not in violation of any such law.

11.6         Release.  To the maximum extent permitted by applicable law, you hereby release CrossLoop (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, directly or indirectly arising out of or in any way connected with (a) any interactions with other Users and Visitors, online or offline, including, without limitation, in connection with Sessions, and (b) any disputes you may have with other Users and Visitors. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

11.7         Governing Law and Venue.  This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.  You and CrossLoop agree to submit to the jurisdiction of, and agree that venue is proper in, the state and federal courts located in Santa Clara County, California. Notwithstanding the foregoing, CrossLoop may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

11.8         Other. This Agreement constitutes the entire agreement between you and CrossLoop regarding the use of the CrossLoop Services. CrossLoop’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact CrossLoop with any questions regarding this Agreement by sending an e-mail to: customersupport@crossloop.com.

11.9         Disclosures.  Under California Civil Code Section 1789.3, Customers who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254.

11.10     Copyright/Trademark Information.  Copyright © 2006 – 2008, CrossLoop, Inc. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the CrossLoop Services are CrossLoop’s property or the property of other third parties. You are not permitted to use these Marks without CrossLoop’s prior written consent or the consent of such third party which may own the Marks.

This Agreement was last updated in August 2009

 

 

APPENDIX A - GNU GENERAL PUBLIC LICENSE

The download from CrossLoop.com web service includes unmodified executable programs (VNCVIEWER.EXE and WINVNC.EXE) from TightVNC.

VNC (Virtual Network Computing) software makes it possible to view and fully-interact with one computer from any other computer or mobile device anywhere on the Internet. CrossLoop.com makes it possible for VNC to operate when either or both of the computers are situated behind restrictive firewalls.

VNC is available for general use under the conditions of the GNU General Public License. You should be aware of the terms and conditions of this licence, which is also contained in the distribution itself.

GNU GENERAL PUBLIC LICENSE

Version 2, June 1991

Copyright (C) 1989, 1991 Free Software Foundation, Inc. 59 Temple Place, Suite 330 , Boston , MA 02111-1307 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights.These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

GNU GENERAL PUBLIC LICENSE

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS

HOW TO APPLY THESE TERMS TO YOUR NEW PROGRAMS

If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.

To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.

<one line to give the program's name and a brief idea of what it does.> Copyright (C) <year> <name of author>

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.

This program is distributed in the hope that it will be useful,but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330 , Boston , MA 02111-1307 USA

Also add information on how to contact you by electronic and paper mail.

If the program is interactive, make it output a short notice like this when it starts in an interactive mode:

Gnomovision version 69, Copyright (C) year name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details.

The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program.

You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names:

Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by James Hacker.

<signature of Ty Coon>, 1 April 1989
Ty Coon, President of Vice

This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library GeneralPublic License instead of this License.

© 2006-2012 CrossLoop Inc. All Rights Reserved.