End-User License Agreement ("Agreement")
Last updated: December 22, 2016
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I
Agree" button, downloading or using PowerCite ("Application").
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be
bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and SRS Web Solutions, Incs and it governs your use of the Application made available to you by SRS Web Solutions, Incs.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do
not download or use the Application.
The Application is licensed, not sold, to you by SRS Web Solutions, Incs for use strictly in
accordance with the terms of this Agreement.
SRS Web Solutions, Incs grants you a revocable, non-exclusive, non-transferable, limited license
to download, install and use the Application strictly in accordance with the terms of this
You agree not to, and you will not permit others to:
license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third
modify, make derivative works of, disassemble, decrypt, reverse compile or reverse
engineer any part of the Application.
remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of SRS Web Solutions, Incs or its affiliates, partners, suppliers or the
licensors of the Application.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions")
provided by you to SRS Web Solutions, Incs with respect to the Application shall remain the
sole and exclusive property of SRS Web Solutions, Incs.
SRS Web Solutions, Incs shall be free to use, copy, modify, publish, or redistribute the
Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
SRS Web Solutions, Incs reserves the right to modify, suspend or discontinue, temporarily or
permanently, the Application or any service to which it connects, with or without notice and
without liability to you.
Updates to Application
SRS Web Solutions, Incs may from time to time provide enhancements or improvements to the
features/functionality of the Application, which may include patches, bug fixes, updates,
upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You
agree that SRS Web Solutions, Incs has no obligation to (i) provide any Updates, or (ii) continue
to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the
Application, and (ii) subject to the terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data,
information, applications and other products services) or provide links to third-party websites or
services ("Third-Party Services").
You acknowledge and agree that SRS Web Solutions, Incs shall not be responsible for any
Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright
compliance, legality, decency, quality or any other aspect thereof. SRS Web Solutions, Incs does
not assume and shall not have any liability or responsibility to you or any other person or entity
for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you
access and use them entirely at your own risk and subject to such third parties' terms and
Term and Termination
This Agreement shall remain in effect until terminated by you or SRS Web Solutions, Incs.
SRS Web Solutions, Incs may, in its sole discretion, at any time and for any or no reason,
suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from SRS Web Solutions, Incs,
in the event that you fail to comply with any provision of this Agreement. You may also
terminate this Agreement by deleting the Application and all copies thereof from your mobile
device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all
copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of SRS Web Solutions, Incs's rights or
remedies at law or in equity in case of breach by you (during the term of this Agreement) of any
of your obligations under the present Agreement.
You agree to indemnify and hold SRS Web Solutions, Incs and its parents, subsidiaries,
affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or
demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the
Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right
of a third party.
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and
defects without warranty of any kind. To the maximum extent permitted under applicable law,
SRS Web Solutions, Incs, on its own behalf and on behalf of its affiliates and its and their
respective licensors and service providers, expressly disclaims all warranties, whether express,
implied, statutory or otherwise, with respect to the Application, including all implied warranties
of merchantability, fitness for a particular purpose, title and non-infringement, and warranties
that may arise out of course of dealing, course of performance, usage or trade practice. Without
limitation to the foregoing, SRS Web Solutions, Incs provides no warranty or undertaking, and
makes no representation of any kind that the Application will meet your requirements, achieve
any intended results, be compatible or work with any other software, applications, systems or
services, operate without interruption, meet any performance or reliability standards or be error
free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither SRS Web Solutions, Incs nor any SRS Web Solutions,
Incs's provider makes any representation or warranty of any kind, express or implied: (i) as to the
operation or availability of the Application, or the information, content, and materials or products
included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the
accuracy, reliability, or currency of any information or content provided through the Application;
or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of SRS
Web Solutions, Incs are free of viruses, scripts, trojan horses, worms, malware, timebombs or
other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the
limitations on the applicable statutory rights of a consumer, so some or all of the above
exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of SRS Web Solutions,
Incs and any of its suppliers under any provision of this Agreement and your exclusive remedy
for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall SRS Web Solutions, Incs
or its suppliers be liable for any special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other
information, for business interruption, for personal injury, for loss of privacy arising out of or in
any way related to the use of or inability to use the Application, third-party software and/or third-
party hardware used with the Application, or otherwise in connection with any provision of this
Agreement), even if SRS Web Solutions, Incs or any supplier has been advised of the possibility
of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be
changed and interpreted to accomplish the objectives of such provision to the greatest extent
possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an
obligation under this Agreement shall not effect a party's ability to exercise such right or require
such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of
any subsequent breach.
For U.S. Government End Users
The Application and related documentation are "Commercial Items", as that term is defined
under 48 C.F.R. $2.101, consisting of "Commercial Computer Software" and "Commercial
Computer Software Documentation", as such terms are used under 48 C.F.R. $12.212 or 48
C.F.R. $227.7202, as applicable. In accordance with 48 C.F.R. $12.212 or 48 C.F.R. $227.7202-
1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial
Computer Software Documentation are being licensed to U.S. Government end users (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.
You may not export or re-export the Application except as authorized by United States law and
the laws of the jurisdiction in which the Application was obtained.
In particular, but without limitation, the Application may not be exported or re-exported (a) into
or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the U.S. Department of
Commerce Denied Person's List or Entity List.
By installing or using any component of the Application, you represent and warrant that you are
not located in, under control of, or a national or resident of any such country or on any such list.
Amendments to this Agreement
SRS Web Solutions, Incs reserves the right, at its sole discretion, to modify or replace this
Agreement at any time. If a revision is material we will provide at least 15 days' notice prior to
any new terms taking effect. What constitutes a material change will be determined at our sole
By continuing to access or use our Application after any revisions become effective, you agree to
be bound by the revised terms. If you do not agree to the new terms, you are no longer
authorized to use the Application.
The laws of Minnesota, United States, excluding its conflicts of law rules, shall govern this
Agreement and your use of the Application. Your use of the Application may also be subject to
other local, state, national, or international laws.
This Agreement shall not be governed by the United Nations Convention on Contracts for the
International Sale of Good.
If you have any questions about this Agreement, please contact us.
The Agreement constitutes the entire agreement between you and SRS Web Solutions, Incs
regarding your use of the Application and supersedes all prior and contemporaneous written or
oral agreements between you and SRS Web Solutions, Incs.
You may be subject to additional terms and conditions that apply when you use or purchase other
SRS Web Solutions, Incs's services, which SRS Web Solutions, Incs will provide to you at the
time of such use or purchase.