Fast End User License Agreement

IMPORTANT – PLEASE READ CAREFULLY: This End User License Agreement (this “EULA”) between you and Fast AF, Inc.,a Delaware corporation (“Fast”) governs your use of the executable code for Fast’s Headless Checkout feature and related information provided (collectively, the “Fast Technology”). The EULA includes the provisions in this document, as well as those in Fast’s Terms of Service (fast.co/terms/buyers) and Privacy Policy (fast.co/privacy), incorporated by reference herein. By copying, installing, publishing, or using the Fast Technology, you signify your acceptance of and agreement to be legally bound by every term and condition of this EULA.

THIS EULA CONTAINS WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS. PLEASE READ THIS EULA, INCLUDING THOSE SECTIONS,CAREFULLY BEFORE ATTEMPTING TO USE THE FAST TECHNOLOGY.

IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS EULA, DO NOT COPY, INSTALL, PUBLISH, OR USE THE FAST TECHNOLOGY.

1.          Limited License. Subject to your full compliance with all the terms of this EULA, Fast grants you (personally and/or on behalf of your employer)(collectively “you” or “your”) a revocable, non-exclusive, non-transferable, non-sublicensable license to copy, install, publish, and use the Fast Technology.  As between Seller and Fast, Fast and its licensors exclusively own all rights, title, and interest in the Fast Technology as may now exist or hereafter come into existence; all rights not expressly granted to you herein are reserved by Fast.Fast reserves the right to modify, suspend, or discontinue, in whole or in part, temporarily or permanently, the Fast Technology or any services to which it connects, with or without notice and without liability to you. You agree that, on Fast’s reasonable request, you will certify in writing your compliance with the terms of this EULA.  

This EULA is effective as soon as you copy, install, publish, or use the Fast Technology and shall remain in effect while you use the Fast Technology. This EULA will terminate immediately, without prior notice from Fast, in the event that you fail to comply with any provision of this EULA; upon termination all licenses granted under this EULA shall expire.  The provisions of Sections3, 4, 5, 6, and 7 shall survive the termination of this EULA.

2.          Restrictions.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 Fast Technology or make the Fast Technology available to any third party. You agree not to modify, display, adapt, translate, loan, distribute, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Fast Technology. You agree that you will use the Fast Technology for lawful purposes and only in compliance with all applicable laws, including without limitation all copyright and other intellectual property laws, and export control laws. Finally, you also agree not to remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices contained within or accessed in conjunction with theFast Technology.

3.          Warranty Disclaimer. THE FAST TECHNOLOGY IS PROVIDED TO YOU WITH ALL FAULTS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FAST EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU USE THE FAST TECHNOLOGY AT YOUR OWN RISK, AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES FROM YOUR USE OF THE FAST TECHNOLOGY.

4.          Liability Limitation. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,UNDER NO CIRCUMSTANCES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT(INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL FAST BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER MALFUNCTION, FROM USE OR MISUSE OFOR RELIANCE ON THE FAST TECHNOLOGY, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE FAST TECHNOLOGY AND CORRELATED SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES, AND EVEN IF FAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR (B) ANY AMOUNT EXCEEDING THE FEES PAID UNDER THIS EULA GIVING RISE TO THE CLAIM, OR ONE U.S. DOLLAR ($1.00), WHICHEVER IS LESS.

5.          Indemnification.  To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Fast and its subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees, and agents, from any claim or demand made by any third party due to or arising directly or indirectly out of your conduct in connection with your use of the Fast Technology or its features, your alleged violation of this EULA, or your alleged violation of any applicable law or regulation. Fast reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but Fast’s exercise of this right will not excuse your indemnity obligations.

6.          General.  This EULA and the terms expressly incorporated by reference herein constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any provision of this EULA 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. You may not assign this EULA or sublicense, assign, transfer or delegate any right or duty hereunder, without the prior written consent of Fast; Fast may assignor transfer this EULA or any rights hereunder without your Consent. This EULA is binding on and will inure to the benefit of the parties’ successors and permitted assigns. If you have any questions, comments, or concerns regarding this EULA, please contact [email protected]