These Terms of Service (“Terms”) between You (defined below) and UberMac (defined below) describes the terms and conditions of Your use of UberMac’s Services (defined below). BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, YOU AFFIRM THAT YOU (i) ARE AT LEAST 18 YEARS OF AGE OR OLDER AND (ii) HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT PROCEED ON THE ELECTRONIC ACCEPTANCE PROCESS AND YOUR REGISTRATION PROCESS WILL BE DISCONTINUED. UberMac reserves the right, exercised at its sole discretion, to modify, add or delete portions of these Terms from time to time without notice to You, and You further agree to be bound by such modified Terms.
“Documentation” means any electronic or printed materials that accompany the Software that provide instructions for the installation, operation and use of the Software.
“Licensed User” means an individual with a valid seat license for the UberMac Business line of products or UberMac Enterprise. The UberMac Business line of products includes UberMac Remote Support, and UberMac On-Demand Support.
“Services” means UberMac Personal, the UberMac Business line of products, or UberMac Enterprise services including its related Software. The UberMac Business line of products includes UberMac Remote Support, and UberMac On-Demand Support.
“Software” means certain software applications, in object code format only, that are required for You to use the Services and licensed to You subject to these Terms, including the EULA in Section 3 hereof.
“UberMac” means Cobalt Computer Services Of Florida, LLC and its successors and assigns.
“UberMac Account” means a user account created with UberMac that uniquely identifies You with a user name and password.
“Third Party Software” means certain software that UberMac licenses from third parties and provides to You incorporated into the Software.
“You or Your” means you as an individual or an employee or agent of a legal entity that is authorized to represent and legally bind such entity to these Terms.
2. ONLINE REGISTRATION
To use the Services, You may be required to complete the online registration process, including Your electronic acceptance of these Terms. UberMac may reject an online registration by You at its sole discretion and is not obligated to provide a reason for its rejection.
a. Registration Data. As part of the online registration process for a UberMac Account, UberMac will collect certain limited information about You (“Registration Data”). All Registration Data provided by You must be current, complete, and accurate, and You are solely responsible for updating the Registration Data as necessary. UberMac may terminate all rights to access, receive, use and license the Services if (i) UberMac discovers that any of Your Registration Data is incomplete, inaccurate, or not current, or (ii) UberMac determines, at its sole discretion, that You are not the appropriate user of the Services.
b. Passwords and Security. As part of the online registration process, You must use Your email address as Your user name and choose a password for access to Your UberMac Account. You are entirely responsible for maintaining the confidentiality of Your password and agree to carefully safeguard all of Your passwords. You are solely responsible for any and all activities that occur under Your UberMac Account and agree to immediately notify UberMac of any unauthorized use of Your UberMac Account or any other breach of security. UberMac shall not be liable for any loss that You may incur as a result of a third party using Your UberMac Account, either with or without Your knowledge. You may be held liable for losses incurred by UberMac or another party due to a third party using Your UberMac Account, either with or without Your knowledge.
c. Subscription to Use the Software. When You subscribe to use the Services, You are agreeing to the UberMac Terms of Sale.
d. Trial and Promotional Offers. From time to time, UberMac may offer certain trial and/or promotional offers. UberMac reserves the right to modify, discontinue any trial or promotional offers in its sole discretion and without notice. Any trial or promotional offers are limited to one (1) per customer and may not be combined with any other offers.
3. END USER LICENSE AGREEMENT
These end user license terms grant You a right and license to use the Software under certain restrictions, terms and conditions (“EULA”). You agree to be bound by this EULA before using the Software.
a. License Grant. You are granted a non-transferable, non-sublicensable, non-exclusive license to use the Software and Documentation subject to Your full compliance of this Section 3.
b. Commercial Use. The UberMac Business line of products (UberMac Business Access, UberMac Remote Support, and UberMac On-Demand Support) and UberMac Enterprise are fully licensed for commercial use in a professional environment. UberMac Personal is for non-commercial use only*, i.e. use it to access your personal computers for non-work related purposes.
c. Restrictions. You shall not (i) in whole or in part, copy, reproduce, transfer, create derivative works from, translate, reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code, alter or modify the Software, or remove any portion thereof, nor shall You cause or permit any other person to do the foregoing; (ii) remove, alter, cover or obfuscate any copyright notices or other proprietary rights notices placed or embedded by UberMac on or in any Software or Documentation; (iii) sell, resell for a profit, rent, lease or lend the Software or Documentation or use it for commercial time sharing, rental or service bureau use; (iv) use the Software or any component thereof for any illegal purposes; or (v) use the Software or Documentation, or any component thereof, to enable copyright protection-circumvention devices or to violate or circumvent in any manner any content copyright, content protection scheme, or content copy policies.
d. Use Limitations. You agree to comply with the following applicable term while using the respective Services:
(i) For UberMac Personal, the total number of UberMac Streamers that are logged in with Your UberMac Account shall not exceed five (5). UberMac Personal is also restricted to non-commercial use only, per Section 3b above.
(ii) For the UberMac Business line of products:
a. UberMac Business Access – 10 computers per user seat license
b. UberMac Remote Access – the number of computers is limited by the package you subscribed to
c. UberMac On-Demand Support – the number of concurrent sessions is limited by the number of user seat licenses
(iii) For UberMac Enterprise, the total number of UberMac Streamers that are logged in is unlimited.
UberMac may, at its sole discretion, suspend any account in violation of this provision or require You to purchase additional seat licenses to correct any overage.
e. Third Party Software. Certain Third Party Software provided in or with the Software is subject to various other terms and conditions imposed by the licensors of such Third Party Software. Your use of the Third Party Software is subject to and governed by the respective Third Party Software licenses, which relevant licenses for such Third Party Software You may view through the hypertext links in the Third Party Software list located at the following URL: You agree to comply with the terms and conditions contained in all such Third Party Software licenses.
4. INTELLECTUAL PROPERTY PROTECTION
UberMac or its licensors retain ownership of all proprietary rights in or associated with the Services and these proprietary rights are protected by United States and international copyright and other intellectual property laws and international trade provisions. You acknowledge that the Services may contain unpublished information and embody valuable trade secrets proprietary to UberMac and/or its licensors. UberMac and/or its licensors reserve all rights in the Services not expressly granted herein. The license granted hereunder and Your right to use the Services terminate automatically if You violate any part of the Terms.
5. CONFIDENTIAL INFORMATION
“Confidential Information” means any non-public business or technical information of UberMac including, without limitation, any information relating to UberMac’s trade secrets or know-how that is designated as “confidential,” either orally or in writing, or that You know or should know is considered confidential or proprietary by UberMac. You agree to maintain the Confidential Information in strict confidence and not to use Confidential Information except as expressly authorized by these Terms. You shall ensure that no unauthorized persons shall have access to the Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information that (i) becomes part of the public domain through no breach of the Terms by You; (ii) is independently developed by You without reference to any Confidential Information; or (iii) is rightfully disclosed to You by a third party without restriction on disclosure.
You acknowledge and agree that the term UberMac and other related logos and designs provided hereunder (collectively, the “UberMac Trademarks”) are the exclusive trademarks of UberMac, registered in the United States and elsewhere, and that You shall not use or reproduce the UberMac Trademarks without first obtaining a trademark license from UberMac. All other trademarks and service marks referenced in the Services or UberMac website are the exclusive property of their respective owners. All rights reserved.
8. UPDATES AND SUPPORT
UberMac may, from time to time, at its sole discretion, and without any obligation to do so, make updates to the Services available via the Internet or other sources. All such updates shall be deemed to be included within the definition of Services and shall be subject to these Terms. UberMac reserves the right to charge fees for any future versions of, or updates to, the Services.
9. TERM AND TERMINATION
These Terms shall commence on the date of Your electronic acceptance. For subscription-based Services, these terms continue until the end of Your subscription. You may terminate these Terms at anytime by terminating Your subscription, removing the Software and Documentation from Your system, and stopping to use the Services. UberMac may immediately terminate these Terms and Your subscription, license, and right to the Services if (i) You breach these Terms; (ii) You, as a legal entity, declare bankruptcy, are involved in any bankruptcy proceedings or are otherwise insolvent; or (iii) UberMac decides, at its sole discretion, to discontinue offering the Services, in which case UberMac shall notify You in advance, whenever possible, and provide You with alternative plans or options to minimize any inconvenience that may be caused by such termination. UberMac shall not be liable for any damages resulting from a termination of these Terms as provided for herein. Upon termination of these Terms: (a) all license rights granted hereunder will automatically terminate without further notice to You; and (b) You will immediately discontinue all access to and use of the Services and destroy the Software and Documentation, and all copies thereof. Sections 1, 4, 5, 6, 9, 10, 11, 12, 13 and 15 shall survive the expiration or termination of these Terms in full force and effect.
10. DISCLAIMER OF WARRANTIES
THE SERVICES, SOFTWARE, ANY UPDATES THERETO, ANY DOCUMENTATION AND INFORMATION ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND. UBERMAC, ON BEHALF OF ITSELF AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND ANY SAMPLE, SPECIFICATION OR PROPOSAL PROVIDED BY UBERMAC, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. UBERMAC DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, SATISFACTORY QUALITY OF THE SERVICES OR THAT THE SERVICES WILL BE FREE OF DEFECTS, RUN ERROR-FREE OR UNINTERRUPTED, MEET YOUR REQUIREMENTS, BE FREE OF VIRUSES OR THAT UBERMAC WILL CORRECT ALL ERRORS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO, TO THAT EXTENT, THIS LIMITATION MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL UBERMAC, OR ITS LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OR IN CONNECTION WITH THESE TERMS, IRRESPECTIVE OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION) OR PRODUCT LIABILITY, EVEN IF UBERMAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL UBERMAC’S CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED FIFTY DOLLARS (US$50).
You hereby agree, at Your sole expense, to indemnify, defend and hold UberMac and its affiliates, employees, officers, directors, owners, information providers, agents, licensees, licensors (the “Indemnified Parties”) harmless from and against any and all liabilities, claims, costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any demand, claims, action, suit, or loss arising as a result of (a) any breach by You of these Terms or claims arising from Your UberMac Account; (b) any fraud or manipulation by You; (c) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; or (d) any claims of credit card fraud based on any information released by You. You agree to use best efforts to cooperate with UberMac in the defense of any demand, claim, action or suit. UberMac reserves the right to assume the exclusive defense of any matter subject to indemnification by You at UberMac’s own expense.
13. EXPORT CONTROLS
You acknowledge and agree that the Services licensed under these Terms is subject to the export control laws and regulations of the United States (including, without limitation, the Export Administration Regulations (“EAR”), and sanctions regimes of the U.S. Department of Treasury, Office of Foreign Asset Controls.). You shall, at Your own expense, comply with all applicable laws, ordinances, regulations, rules and other requirements. You shall not, without prior U.S. government authorization, export, re-export or transfer any Software, Services or technology subject to this Agreement, either directly or indirectly (i) into any country subject to a U.S. trade embargo (currently Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria) or to any resident or national of any such county, or (ii) to any person or entity listed on the “Entity List” or “Denied Persons List” maintained by the U.S. Department of Commerce or the list of “Specifically Designated Nationals and Blocked Persons” maintained by the U.S. Department of Treasury. By downloading Software or using the Services, You are agreeing to the foregoing and You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
14. HIGH-RISK USE
You hereby acknowledge that the Services are not designed or intended for access and/or use in or during high-risk activities and shall not be used in connection with any system where malfunction can reasonably be expected to result in personal injury, death or damage to property, environment or business. Without limiting the foregoing, the Services shall not be used in connection with any life support system. UberMac and its licensors hereby expressly disclaim any express or implied warranty of fitness for such purposes. You agree to hold UberMac and its officers, directors, employees, affiliates and licensors harmless from any claims or losses resulting from any of the foregoing uses of the Services.
a. These Terms constitute the entire agreement between You and UberMac and supersede any prior or contemporaneous agreements, communications and/or understandings, written or oral, concerning the subject matter hereof. UberMac is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless UberMac expressly agrees to the provision in a written, executed document.
b. If any provision of these Terms shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall not be affected.
c. These Terms are governed by the laws of the State of Florida without reference to conflicts of laws provisions. You and UberMac expressly disclaim the applicability of the United Nations Convention on the Sale of Goods. You agree that all claims and disputes arising out of or in connection with these Terms shall be heard exclusively by any federal or state court of competent jurisdiction located in Palm Beach County, Florida, U.S.A., and You irrevocably consent to the personal and exclusive jurisdiction of, and venue in, such courts, and waive any objection to any proceedings brought in any such court.
d. You may not assign or transfer these Terms or any rights or obligations under these Terms. Any assignment or transfer of these Terms made in contravention of the terms hereof shall be null and void. Subject to the foregoing, these Terms shall be binding on and inure to the benefit of the parties’ respective successors and permitted assigns. UberMac may assign its rights under these Terms to its affiliates and to any successor by way of merger, acquisition, consolidation, reorganization or sale of all or substantially all of its assets that relate to these Terms, without action on Your part, in which case references to UberMac herein shall be deemed to refer to the assignee.
e. Notices by UberMac to You may be sent to the email address provided by You during the online registration process or otherwise by any means that UberMac determines at its sole discretion as likely to come to Your attention. All notices by You to UberMac regarding these Terms shall be in writing and sent by express carrier or certified mail at the address of UberMac set forth herein.
f. You agree not to bring or participate in any class action law suits against UberMac or any of its employees or affiliates. You agree that You will not bring a claim under these Terms more than two (2) years after expiration or termination of these Terms. No waiver of any provision or consent to any action by UberMac shall constitute a waiver of any other provision or consent to any other action, whether or not similar. No waiver or consent by UberMac shall constitute a continuing waiver or consent except to the extent specifically set forth by UberMac in writing.
g. You acknowledge that UberMac may provide software, solutions and services to third parties, including competitors of You, which are the same or similar to the software, solutions and services provided to You hereunder.
h. UberMac will not be responsible for any delay, interruption or other failure to perform under these Terms due to acts beyond UberMac’s reasonable control.
201 N US Highway 1, Suite E2
Jupiter, FL 33477
Last updated:July 28, 2017