END USER AGREEMENT LICENSE AGREEMENT

CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT.  BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICES, YOU EXPRESSLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT AND YOU MAY NOT ACCESS, USE, OR INSTALL ANY PART OF THE SERVICES.

This End User License Agreement (“Agreement”) is made between any person (“you” or “User”) who completes the registration process to open and maintain an account with Silver Group International Corporation, DBA IPRENTAL (“IPRental”), which allows you access to our computer software, our service subscription and online documentation via the internet(“Services”).

1. EXCLUSION OF WARRANTY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IPRENTAL MAKES NO WARRANTY OF ANY KIND REGARDING THE SERVICES, THIS SITE AND/OR ANY MATERIALS, DATA OR CONTENT PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. IPRENTAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE SERVICES, SITE, OR ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

THERE IS NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, DATA, CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE PROVIDING THE SERVICES WILL BE CORRECTED, AND (vi) THE SITE, ITS SERVERS OR ANY E-MAIL SENT FROM IPRENTAL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IPRENTAL OR THROUGH ANY OF ITS EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

2. LIMITATION OF LIABILITY.

IPRENTAL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE, THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR ANY OTHER CONTENT FROM THE SITE. IN NO EVENT SHALL IPRENTAL BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR RELATES TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO (I) ANY USE OF THIS SITE OR THE PUBLISHED INFORMATIONAL CONTENT FOUND HEREIN (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), OR (III)  UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR (IV)) THE PERFORMANCE OR NON PERFORMANCE BY IPRENTAL, EVEN IF IPRENTAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY, OR (VI) ANY OTHER MATTER RELATING TO THIS AGREEMENT.

IF, NOTWITHSTANDING THE FOREGOING, IPRENTAL SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE DESCRIBED FUNCTIONS OR USES OF THIS SITE, THE SERVICES, OR ITS CONTENT, THE LIABILITY OF IPRENTAL SHALL IN NO EVENT EXCEED, THE SUBSCRIPTION FEE FOR ACCESSING THIS SITE AND USE OF OUR SERVICES.. IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO IPRENTAL AND WITHOUT ANY LIABILITY WHATSOEVER, IPRENTAL AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT YOUR ACCESS TO ANY COMPONENT OF THIS SITE.

3. INDEMNIFICATION.

You shall defend, hold harmless and indemnify IPRental and its shareholders, officers, directors, employees and agents from and against any claim, damage, debt, liability, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by any person, arising out of, or relating to, this Agreement, your use of the Services, any libelous, slanderous, indecent or other statement concerning any person made or republished by you.

4. OWNERSHIP.

This site, and each of its modules, together with the arrangement and compilation of content found on this site, including the non-identifiable data from your experience, and the software providing the Services, is the copyrighted property of IPRental.  In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are common law trademarks of IPRental. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the trademarks without the written permission of IPRental.

5. LICENSE TO USE OF SITE.

Subject to the terms and conditions of this Agreement, IPRental grants you a limited, non-transferable, non-exclusive license for the term of the Agreement to access over the internet and use the Services and the software used to provide the Services (“Software”) but solely for the purposes of maintaining your anonymity and internet security. You may only use this site for legal and legitimate purposes and shall not use this site for any criminal or illegal purposes, including without limitation, spamming, harassment, fraud, distribution of child pornography or copyright infringement.

You may not, directly or indirectly,

  1. License, sublicense, sell, resell, lease, assign, transfer, distribute, or otherwise commercially exploit or make available to any third parties the Services or the Software in any way. Therefore you may not share your password or user ID,
  2. Alter, modify, translate, or create derivative works based on the Services or the Software,
  3. Process or permit to be processed the data of any third party, including any subsidiary, parent or affiliated entities,
  4. Use or permit the use of the Services or the Software in the operation of a service bureau, timesharing arrangement or otherwise for the benefit of a third party,
  5. Disassemble, decompile, or reverse engineer the Software or any aspect of the Service, or otherwise attempt to derive or construct source code or other trade secrets from the Software,
  6. Use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site,
  7. Build a competitive product or service to the Services or Software or a product or service that use similar ideas, features, functions, or graphics to the Services or Software,
  8. Use the Services or Software to engage in any prohibited or unlawful activity, including terrorist threats, post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, 
  9. Bypass or delete any protection method provided for preventing unauthorized use of the Services or Software,
  10. Use any device, software or routine to interfere or attempt to interfere with the proper working of this site, or which imposes a burden or load on our infrastructure,
  11. Use or copy the Software other than as expressly permitted in this Agreement, or permit any third party to do any of the foregoing
  12. Copy, reproduce, republish, upload, post, transmit or distribute any part of this site or the published informational content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, and software without the written permission of IPRental, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only.
  13. Post or transmit any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition.

Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.

6.    CANCELLATION AND REFUNDS

IPRENTAL sells a variety of subscription levels to its Standard Service as well as pre-paid service. When you subscribe to  any of the levels,  your credit card is billed on a monthly basis automatically until you cancel your service. You will receive a notice every month informing you that IPRENTAL has charged your credit card on file. You may cancel at any time, for any reason. Cancellation is handled by sending an email to cancel-service@iprental.com and in that email you simply mention your desire to cancel. You must send your cancellation email from the email account which is your username which is the one IPRENTAL has on file for you. Your cancellation takes effect immediately, and you will not be billed for any service after the point at which IPRENTAL receives your cancellation email. When you cancel, you are not refunded any money and you will have service until the end of the current month for which you have already paid.

7. RESPONSIBILITY.

If you use this site or our Services, you represent and warrant that you shall comply with the terms and conditions of this Agreement and shall be responsible for maintaining the confidentiality of your account information and your password, and for all activities that occur under your account or password. You further represent and warrant that you have the authority to create binding legal obligations, including the fact that you are of sufficient legal age to create binding legal obligation,  for any liability you may incur as a result of the use of this site.

8. PRIVACY.

You have read the IPRental Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by IPRental and/or its third party agents in accordance with the terms of and for the purposes set forth in the IPRental Privacy Policy.

9. REVIEW OF TRANSMISSIONS.

IPRental may, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that IPRental deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your acceptance of this Agreement constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant IPRental a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. IPRental takes no responsibility and assumes no liability for any content posted or submitted by you.

10. LINKS.

This site may contain links to other Web sites which are provided solely as a convenience to you and not as an endorsement by IPRental of the contents of such other Web sites.  IPRental shall not be responsible for the content of any other Web sites and makes no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.

11. RELATIONSHIP.

The relationship between IPRental and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

12. GOVERNING LAW.

This Agreement and its performance shall be governed by the laws of the state of Minnesota, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Hennepin County, the state of Minnesota, United States of America, in all questions and controversies arising out of your use of this site and this Agreement.
To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within two (2) years from the date on which such claim or action arose or accrued.

13. ATTORNEY'S FEES.

If IPRental takes any action to enforce this End User License Agreement and it prevails, it will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which IPRENTAL may be entitled.

14. INJUNCTIVE RELIEF.

You acknowledge that a violation or attempted violation of this End User License Agreement will cause such damage to IPRental as will be irreparable, for which there will be no adequate remedy at law. Accordingly, you agree that IPRental shall be entitled as a matter of right to an injunction issued by a court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by IPRental in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

15. TERMINATION.

The term of this Agreement shall commence upon your acceptance as set forth herein and shall continue for the period as set forth in your account you purchase, unless sooner terminated hereunder.

  1. IPRental may terminate this End User License Agreement and your right to use our Services at any time for any improper use of this site by you or your failure to comply with the terms and conditions of this End User License Agreement. Such termination shall not affect any right to relief to which IPRental may be entitled, at law or in equity. Upon termination of this End User License Agreement, all rights granted to you will terminate and revert to IPRental
  2.  

IN THE EVENT OF NONPAYMENT OF FEES, THIS AGREEMENT WILL TERMINATE AND YOUR ACCESS TO OUR SOFTWARE WILL TERMINATE.

16. ASSIGNMENT.

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

17. MODIFICATION.

IPRental may at any time, without notice, add to or modify these terms and conditions of this Agreement, and your continued use of this site after the date of such amended terms are delivered to your account with the Service shall be deemed to constitute acceptance of such amended terms.

19. WAIVER and SEVERABILITY.

No failure, delay in exercising or enforcing any right or remedy hereunder by IPRental shall constitute a waiver of any other right or remedy, or future exercise thereof. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

20. SURVIVAL.

The respective rights and obligations of the parties under Section 1, 2, 3, 6, 7, 8, 9, 12, 13, and 14 shall survive termination or expiration of this Agreement.