1.1 BY CLICKING THE “I ACCEPT” BUTTON, YOU ACCEPT THIS EULA AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN WITH RESPECT TO YOUR DOWNLOADING, INSTALLING, ACCESSING, AND/OR USE OF ANY RANGEFORCE SOFTWARE-AS-SERVICE OFFERINGS, OR ANY OTHER INFORMATION OR MATERIALS PROVIDED OR OTHERWISE MADE AVAILABLE BY RANGEFORCE IN CONNECTION WITH THE RANGEFORCE SOFTWARE-AS-SERVICE OFFERINGS, INCLUDING ANY THIRD-PARTY PRODUCTS (“SERVICES”). YOU MUST CAREFULLY READ THIS EULA BEFORE CLICKING “I ACCEPT.” IF YOU DO NOT AGREE WITH OR ACCEPT THIS EULA, DO NOT CLICK “I ACCEPT.”

1.2 You agree that this EULA may be electronically signed. You agree that your electronic signature, manifested by clicking the “I Accept” button, is the same as a handwritten signature for the purposes of validity, enforceability and admissibility.

1.3 By accepting this EULA, you hereby represent and warrant that you are of a legal age to form a binding contract with RangeForce and meet all of the eligibility requirements set forth herein. If you do not meet all of these requirements, you must not click “I Accept,” or download, install, access, or use the Services.

1.4 If you are using the Services on behalf of a business or entity, whether in part or in whole, then you agree, represent and warrant that (a) “you,” “your,” and “End User” includes you and the business or entity that you represent, (b) you are duly authorized by such business or entity to agree on its behalf and bind such business or entity to this EULA; (c) the business or entity is legally responsible for your use of the Services (whether by you or anyone else, whether or not authorized by your business or entity); and (d) any and all claims arising out of or in connection with this EULA or the Services will be raised by such business or entity, rather than you, and you hereby assign all such claims to such business or entity.

1.5 We may amend and/or update this EULA from time to time in our sole discretion, with or without providing prior notice to you. All amendments and updates shall become effective immediately at the time of posting online and apply to all access and use of the Services thereafter. You should review this EULA regularly so that you are aware of any changes, as they are binding on you. If you do not agree with or accept the updated terms, you must discontinue use of the Services. You will be deemed to accept the updated EULA if you continue to use the Services after the time that the updated EULA is posted.

1.6 We may from time to time provide or otherwise incorporate into the Services third-party products (“Third-Party Products”). For purposes of this EULA, such Third-Party Products are subject to their own terms and conditions in addition to the terms provided herein. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install or use such Third-Party Products. Any representation or warranty provided by a third party with respect to a Third-Party Product is solely between such you and such third party, and any Third-Party Products provided or otherwise made available by us are provided solely “as-is.”  

3.1 You agree to (a) comply with any and all reasonable instructions, standards and protocols issued by RangeForce from time to time with respect to the Services; (b) comply with all applicable laws when using the Services; (c) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and to notify RangeForce promptly of any such unauthorized access or use; (d) implement and maintain adequate internal security measures in connection with the use of the Services, including appropriate procedures for maintaining and updating passwords, ensuring the confidentiality and safe storage of all log in details, user names and passwords, immediately notifying RangeForce if you suspect a breach of your security measures; (e) use at least industry-standard virus protection practices to protect your systems, networks, products and infrastructure against viruses, worms, or other similar security threats; and (f) ensure and be responsible for the accuracy of all data entered by you or provided to RangeForce by whatever method in using the Services. For the avoidance of doubt, you are solely responsible for all content provided, transmitted, maintained, or stored in connection with your use of the Services, including without limitation any information and business rules applied in configuring the Services for its use.

3.2 You shall not: (a) sell, resell, rent or lease the Services; (b) develop any products, modules, add-ons or other applications, features or functionality based upon, derivative from or otherwise utilizing the Services via any means; (c) use the Services to store or transmit infringing, defamatory, threatening, offensive, abusive, obscene, libelous, or otherwise unlawful or tortuous information or material or to store or transmit information or material in violation of third party privacy rights or intellectual property rights; (d) use the Services to execute, store or transmit malicious code; (e) interfere with or disrupt the integrity or performance of the Services; (f) attempt to gain unauthorized access to the Services; (g) reverse engineer, decompile, disassemble, or otherwise attempt to learn any source code, structure, designs, algorithms, or other items underlying the Services; (h) remove any copyright, trademark, patent, or other proprietary notice that appears on the Services or any print-outs or electronic files therefrom, or otherwise infringe upon or misappropriate any intellectual property or other proprietary rights of RangeForce, or any of RangeForce licensors; (i) use the Services in the manner that makes excessive use of RangeForce’s network; (j) introduce into any system, network, product or data, any time bomb, Trojan Horse, worm, drop dead device, virus or other computer software routines designed to permit access to, use of, deletion of or interference with operation of any aspect thereof that is unauthorized; and (k) introduce any self-destruction mechanism, illicit code, automatic restraint, or other mechanism that may interfere with RangeForce’s abilities to exercise its rights under this EULA or other computer operations.

3.3 You shall be responsible for ensuring the security and confidentiality of your passwords. You acknowledge that you will be solely responsible for all liabilities incurred through use (permitted or unpermitted) of any passwords.

7.1 NEITHER RANGEFORCE NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, CUSTOMERS, AND AGENTS, AND THE SUCCESSORS OR ASSIGNS OF THE FOREGOING, SHALL BE LIABLE TO ANY PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOSS OF OR DAMAGE TO DATA, LOST OPPORTUNITIES, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA, THE SERVICES, OR ANY BUSINESS ACTIVITY OF END USERS.

7.2 RANGEFORCE’S TOTAL AGGREGATED LIABILITY FOR ANY AND ALL LOSSES, DAMAGES, COSTS, CLAIMS OR EXPENSES SUFFERED BY END USER OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS DURING OR AFTER THE TERM OF THIS EULA AND ARISING OUT OF OR IN CONNECTION WITH THIS EULA, THE SERVICES, OR ANY BUSINESS ACTIVITY OF RANGEFORCE OR END USER SHALL NOT, IN THE AGGREGATE, EXCEED TEN THOUSAND DOLLARS ($10,000.00). ANY AND ALL CLAIMS FOR RELIEF OR REMEDIES OF ANY KIND UNDER THIS EULA MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE THE CLAIM AROSE; OTHERWISE ANY AND ALL SUCH CLAIMS FOR RELIEF AND REMEDIES SHALL BE BARRED AND WAIVED FOREVER THEREAFTER.

7.3 You acknowledge that you have entered into this EULA after due consideration and in the knowledge that RangeForce’s liability is limited in accordance with this EULA. Further, the limitations of liability as set forth in this Section 7 are a material inducement to RangeForce’s entry of this EULA. If there is a conflict between this Section 7 and any other term of this EULA, this Section 6 shall prevail.

If you receive any of information or materials from RangeForce, which are either marked confidential, otherwise identified as confidential or otherwise clearly confidential in nature (“Confidential Information”), you will not use such Confidential Information except as required to use the Services and will not disclose it to anyone else.

The Services are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. To the extent licensed to U.S. Government End Users, consistent with 48 C.F.R. § 12.212 or 48 C.F.R. §§ 27.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. The Services are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Services. These laws include restrictions on destinations, end users and end use. This EULA is controlled by and construed under the laws of the State of Virginia, notwithstanding any conflicts of law provisions; and the state and federal courts of Manassas, Virginia shall have exclusive jurisdiction over any claim arising under this EULA. The Parties agree not to challenge, and hereby waive any right to challenge, the jurisdiction or venue of such courts. For all countries referred to above, the Parties specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. Notwithstanding the foregoing, either Party may seek interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of such Party’s intellectual property or proprietary rights.

If you have questions about this EULA, you may contact RangeForce at license@rangeforce.com

This EULA, as modified from time to time and including any policies or disclaimers that are incorporated by reference, sets forth the entire understanding and agreement between you and RangeForce with respect to the subject matter hereof. Unless a right is expressly granted to a third party herein, the Parties do not confer any rights or remedies upon any person other than the Parties to this EULA. RangeForce may assign or otherwise transfer this EULA, in whole or in part, to a third party without written approval of or notice to you. Either Party’s failure to exercise any right or provision of this EULA shall not constitute waiver of such right or provision. Each of the provisions contained in this EULA shall be construed as independent of every other such provision, so that if any provision of this EULA is determined by any court or competent authority to be illegal, invalid and/or unenforceable then such determination shall not affect any other provision of this EULA, all of which other provisions shall remain in full force and effect. The provision deemed to be illegal, invalid or unenforceable shall be deemed to be amended to the extent necessary to comply with applicable law and shall be enforced. The Parties to this EULA are independent contractors. Any notice under this EULA shall be given in writing and shall be deemed to have been given when actually received by the other Party or delivered by a traceable delivery service (e.g., U.S. mail with return receipt, overnight courier, electronic mail with confirmation).