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Colors

Online Color Formulation and Software End-user license

 

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS license BY SELECTING THE "ACCEPT" OPTION OR DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL THE TERMS OF THIS license BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS license, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.

1.     License Restrictions

The foregoing license is limited. YOU MAY NOT MODIFY, COPY, STORE, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, LICENSE, SUBLICENSE, DISPLAY, RENT, LEASE, SELL, COMMERCIALLY EXPLOIT, OR DISTRIBUTE, IN ANY MANNER, ANY DATA, INTELLECTUAL PROPERTY OR MATERIAL PROVIDED BY COLORS THROUGH THE SITE, IN ANY MANNER NOT EXPRESSLY PERMITTED BY THESE TERMS OF SERVICE. THE ABOVE RESTRICTION INCLUDES, BUT IS NOT LIMITED TO TEXT, GRAPHICS, CODE AND/OR SOFTWARE. In addition, you may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, the system, networks, or any systems or networks connected thereto use any device, software, or routine to interfere with the proper working of the Site or transaction conducted on the Site, or with any other person's use of the Site forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to COLORS on or through the Site use the Site to collect e-mail addresses or other contact or personal information market, co-brand, private label, appropriate, use the COLORS name, or a name similar thereto on a different domain, separately distribute, resell, or otherwise permit third parties to access and use the Site, in whole or in part, without the express, separate and prior written permission of COLORS use the Site in any other unlawful manner or in a manner that could be perceived to damage, disparage, or otherwise negatively impact COLORS. Moreover, this license is only valid where COLORS is permitted to operate. Access to and use of this site in contravention of any laws or regulations, or where prohibited by law, is unauthorized and not permitted by COLORS.

2.     The formulations retrieved from COLORS Co's online color retrieval system and/or the COLORS offline software can be used solely with the specified components within the formulations that are manufactured by or for COLORS Co.

 

3.     You may not :

a.     make use of the formulations in the COLORS offline software and/or the COLORS Online Color Retrieval software with paint manufactured by other than COLORS;

b.      disclose any of the information contained therein to anyone outside your paint business;

c.     Alter or modify formulations in the software other in the module (custom formula) where such modification is intended.

 

4.    User Obligations

-     You must, return the Formulas and the Software and any copies thereof to COLORS upon request

-     If you provide any false, inaccurate, untrue, or incomplete information, COLORS reserves the right to terminate immediately your access to and use of the site and any downloadable software. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site and its related services. In addition, you acknowledge and agree that use of the Internet and access to or transmissions or communications with the Site is solely at your own risk. While COLORS has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any such communications cannot be guaranteed. Accordingly, COLORS is not responsible for the security, or any breach thereof, of any information transmitted to or from the Site. You agree to assume all responsibility concerning activities related to Your use of the Site, including but not limited to obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Site and its downloadable software, and COLORS copying or backing up any data.

5.    User Name And Password Policy

Registration as an authorized user for access to certain areas of the Site may require both a user name and password. Only one authorized user can use one user name and password and account. Multiple accounts registered by the same individual or entity is not permitted and may result in one, some or all accounts being closed by COLORS. By using the Site, you agree to keep your user name and password as confidential information. You also agree not to use another authorized user's account. Should you become aware of any loss or theft of your password or any unauthorized use of your name and password, you will immediately notify COLORS. COLORS cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. COLORS also reserves the right to delete or change (with notice) a user name or password at any time and for any reason.

6.    Feedback And Submissions

You grant to COLORS team the right to use your name in connection with any materials freely submitted by you and any other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against COLORS for any alleged or actual infringement or misappropriation of any proprietary right in your communications with the Site.

7.    Privacy Policy

You understand, acknowledge and agree that the operation of certain programs, services, tools, materials, or information of the Site requires the submission, use and dissemination of various personal identifying information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information on the Site, you acknowledge and agree that your use of the Site will constitute acceptance of COLORS's personal identifying information collection and use practices to protect your personal information. Please read our Privacy Policy before providing any personal data on this Site.

8.    Void Where Prohibited

Any offer for any product or service made on this Site is void where prohibited. Moreover, COLORS makes no representations regarding the legality of access to or use of the Site or its content in any country. Although the Site may be accessible worldwide, not all features, products or services provided or offered through or on the Site are appropriate or available for use in all countries. COLORS reserves the right to limit, in its discretion, the provision and quantity of any feature, product or service to any person or geographic area. If you access the Site from a jurisdiction where prohibited, you do so at your own risk and you are solely responsible for complying with all applicable local regulations.

9.    Enforcing Site Security

Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution. COLORS reserves the right to view, monitor, and record activity on the Site without notice or permission from the User, including, without limitation, by archiving notices or communications sent by you through the Site. In addition, COLORS reserves the right, at any time and without notice, to modify, suspend, terminate or interrupt operation of or access to the Site, or any portion thereof, in order to protect the Site or COLORS's business.

 

10.  Disclaimers of Warranties

Given the unpredictability of technology and the online environment, COLORS does not warrant that the function or operation of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this Site, you must assume full responsibility for any costs associated with servicing of equipment used in connection with your use of our Site.

COLORS does not represent or warrant that the information accessible via this Site is accurate, complete or current. This Site could contain typographical errors, technical inaccuracies or other incorrect information. COLORS reserves the right to add to, change or delete its content or any part thereof without notice. Any price or availability information is subject to change without notice. Additionally, this Site may contain information provided by third parties. COLORS makes no representation or warranty regarding the accuracy, truth, quality, suitability or reliability of such information. COLORS is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties. COLORS does not endorse, warrant or guarantee any products or services offered on this Site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

While efforts have been made to ensure the accuracy of the information on this Site, it should not be treated as the basis for formulating business decisions without professional advice. We emphasize that trademark and related intellectual property laws vary from country to country, and between jurisdictions within some countries. The information included on this Site will not be relevant or accurate for all countries or states.

All information provided by COLORS on this Site is provided to the public as a source of general information on trademarks and related intellectual property issues. In legal matters, no publication whether in written or electronic form can take the place of professional advice given with full knowledge of the specific circumstances of each case and proficiency in the laws of the relevant jurisdiction.

COLORS permits third party sites to link to COLORS's Site located at www.generalpaint.biz pursuant to these terms and conditions:

-     Links may be text-based using the words: COLORS, "COLORS" or "GeneralPaint.biz". You may not use the COLORS logo or any other trademark as a link to COLORS

-     By linking, you acknowledge and agree that, other than as set forth herein, all rights to COLORS marks, the content appearing on the COLORS website and the design of the COLORS website belong to COLORS.

-     You may not create frames around COLORS's webpages or use other techniques that alter in any way the visual presentation or appearance of the Site.

-     You must not misrepresent your relationship with COLORS or present false or misleading impressions about COLORS. No links to the Site may be used in a manner that implies or suggests that COLORS approves or endorses you, your website or your goods and services (in all cases, except as COLORS may have agreed separately with you in writing).

-     COLORS shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend COLORS against all claims arising out of or based upon your website.

-     No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

-    COLORS reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to the Site from your website.

NOTICE OF SECURITY BREACH. In addition to the indemnification obligation stated in these Terms of Service, if you become aware of a breach or potential breach of security with respect to any personally identifiable information provided to or made available by COLORS, or any unauthorized hacking of the Site, you shall (i) immediately notify COLORS of such breach or potential breach, (ii) assist COLORS as reasonably necessary to prevent or rectify any such breach, and (iii) enable COLORS to comply with any applicable laws requiring the provision of notice of a security breach with respect to any impacted personally identifiable information.

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