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Wounded Warrior Project

Software Use Agreement

THIS SOFTWARE USE AGREEMENT ("AGREEMENT") GOVERNS YOUR DOWNLOAD, INSTALLATION, AND USE OF THE SOFTWARE PROGRAM KNOWN AS FREELANTHROPY SOFTWARE. THE FREELANTHROPY SOFTWARE IS PRODUCED BY FREELANTHROPY, LLC, A CALIFORNIA CORPORATION LOCATED AT 120 WAVERLY DRIVE, PASADENA, CA 91105 ("FREELANTHROPY").

PLEASE READ THIS AGREEMENT CAREFULLY AND MAKE SURE THAT YOU FULLY UNDERSTAND IT. YOU WILL HAVE THE OPPORTUNITY TO ACCEPT OR REJECT THE TERMS OF THIS AGREEMENT DURING THE INSTALLATION PROCESS. YOU MAY NOT DOWNLOAD, INSTALL OR USE THE FREELANTHROPY SOFTWARE UNLESS YOU AGREE TO THE TERMS OF THIS AGREEMENT DURING THE INSTALLATION PROCESS.

IF YOU ACCEPT THE TERMS OF THIS AGREEMENT AND DOWNLOAD AND INSTALL THE FREELANTHROPY SOFTWARE, YOU WILL ALWAYS HAVE THE OPTION TO UNINSTALL THE FREELANTHROPY SOFTWARE AT ANY TIME BY USING THE STANDARD "ADD/REMOVE PROGRAMS" FUNCTION PROVIDED IN THE WINDOWS OPERATING SYSTEM.

THIS AGREEMENT MAY BE MODIFIED FROM TIME TO TIME BY FREELANTHROPY, IN ITS SOLE DISCRETION. UPON ANY SUCH MODIFICATION, THE MODIFIED AGREEMENT MAY BE POSTED AT THE WEB SITE LOCATED AT WWW.FREELANTHROPY.COM (THE "FREELANTHROPY SITE") FOR YOUR REVIEW. UPON ANY MODIFICATION TO THE AGREEMENT, YOUR CONTINUED USE OF THE FREELANTHROPY SOFTWARE WILL BE GOVERNED BY THE MODIFIED AGREEMENT AND WILL BE DEEMED TO BE AN ACCEPTANCE OF THE MODIFIED AGREEMENT, WHICH FOR ALL PURPOSES SET FORTH HEREIN SHALL BE DEEMED THE AGREEMENT. IF, FOR ANY REASON, YOU DO NOT AGREE TO BE BOUND BY ANY OF THE MODIFICATIONS, YOU MAY NOT CONTINUE TO USE THE FREELANTHROPY SOFTWARE. THE FREELANTHROPY SOFTWARE MAY ALSO BE MODIFIED, UPDATED, ENHANCED OR UPGRADED FROM TIME TO TIME AT FREELANTHROPY'S DISCRETION. FOR PURPOSES OF THIS AGREEMENT, ANY SUCH MODIFIED, UPDATED, ENHANCED OR UPGRADED FREELANTHROPY SOFTWARE SHALL ALSO BE REFERRED TO AS THE FREELANTHROPY SOFTWARE.

If you have any questions or comments regarding this Agreement or the FREELANTHROPY Software, please email us at

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1. Authorized Users.
The Freelanthropy Software may only be installed or used by (i) the owner of the computer where the Freelanthropy Software is installed (the "Authorized Computer"), and (ii) any persons authorized by the owner of the Authorized Computer to use the Authorized Computer and to install the Freelanthropy Software in accordance with the terms of this Agreement, provided that the individuals referred to in (i) and (ii) above have read this Agreement and agree to abide by it (x) before any such installation and (y) at all times while using the Freelanthropy Software (collectively, the "Authorized Users," and each an "Authorized User"). Any references to the pronouns "you" and "your" anywhere in this Agreement are intended to refer to any one or to all Authorized Users of the Freelanthropy Software.

2. Ownership; Limited License Grant.
As between you and Freelanthropy, the following are and shall remain the sole property of Freelanthropy: (a) all right, title and interest in and to the Freelanthropy Software, (b) any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets and other rights) in and to the Freelanthropy Software, (c) any Freelanthropy content or services delivered via the Freelanthropy Software, and (d) any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets and other rights) in and to such Freelanthropy content or services. Freelanthropy agrees to grant and hereby grants to you a limited, nonexclusive, nontransferable, royalty-free license to download and install the Freelanthropy Software solely for your personal use and subject to the terms and conditions of this Agreement. You may not assign, sublicense or otherwise convey or transfer the rights granted to you under this Agreement to any other person, organization, or entity. Any rights not expressly granted to you hereunder are reserved by Freelanthropy. The limited right granted to you to download, install and use the Freelanthropy Software is a limited license and does not constitute the sale of a software program. You are expressly prohibited from doing the following with or to the Freelanthropy Software: (v) decompiling, reverse engineering, or disassembling it, (w) tampering or interfering with its functionality, delivery or operation while using or installing it, (x) selling, renting, transferring, reselling, or distributing it, (y) duplicating, reproducing, copying, modifying, or otherwise creating derivative works of it, or (z) exporting or re-exporting it, directly or indirectly, into any country prohibited by the United States Export Administration Act or any regulations promulgated thereunder.

3. Other Content or Services.
Through your use of the Freelanthropy Software, you may receive content or services provided through, or in connection with, the Freelanthropy Software, by individuals or entities other than Freelanthropy, including, without limitation, data, links, articles, graphic or video messages, text, software, music, sound, graphics or other materials or services (collectively, the "Other Content or Services"). You understand and agree that you will not obtain, as a result of your use of the Freelanthropy Software, any right, title or interest in or to such Other Content or Services delivered via the Freelanthropy Software or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets or other rights) in and to such Other Content or Services. You understand and agree that such Other Content or Services shall be the responsibility of the entity that originated, provided, delivered, offered, sold, supplied, promoted, sponsored or advertised such Other Content or Service, and shall not be the responsibility of Freelanthropy. You understand and agree that by using the Freelanthropy Software you may be exposed to such Other Content or Services that may be offensive, indecent, objectionable, defamatory, libelous, false, misleading, inaccurate, infringing of other parties' proprietary rights or in violation of law. You agree that you must evaluate and bear all risks associated with the viewing or use of any such Other Content or Services, including any reliance on the accuracy or completeness of such Other Content or Services. Freelanthropy hereby expressly disclaims any liability for any such Other Content or Services, including, but not limited to, for any errors or omissions in any such Other Content or Services, or for loss or damage or injury of any kind incurred as a result of the use of any such Other Content or Services posted, transmitted, advertised or otherwise made available to you through or in connection with the Freelanthropy Software.

4. Privacy.
The information that Freelanthropy collects from you through technical means in connection with your download, installation or use of the Freelanthropy Software will be collected, stored, used and shared by Freelanthropy in accordance with its Software Use Privacy Policy, available at http://freelanthropy.com?q=node/25. The Freelanthropy Software Use Privacy Policy, as may be modified from time to time in Freelanthropy's sole discretion, is expressly incorporated herein by this reference and made part of this Agreement.

5. Modifications to the Freelanthropy Software or to the Freelanthropy Site; Termination.
Configuration updates to the Freelanthropy Software, which may include text files and/or graphic files only, may be delivered to users automatically. Freelanthropy verifies the integrity and publisher of any updates, enhancements, and upgrades to any Freelanthropy Software using a secure certificate service and Microsoft's Authenticode technology. Subject to the other provisions of this Section 5, Freelanthropy shall have the right at any time to disable, enable, modify, or discontinue, temporarily or permanently, the Freelanthropy Site and/or the Freelanthropy Software (or any part thereof), with or without notice, obligation or liability to you or to any third party.

6. Uninstallation.
The Freelanthropy Software may be uninstalled using the standard Add/Remove Programs function provided in the Windows operating system.

7. SUPPORT.
FREELANTHROPY HAS NO OBLIGATION TO PROVIDE YOU WITH SUPPORT, MAINTENANCE, UPGRADES, MODIFICATIONS, OR NEW RELEASES WITH RESPECT TO THE FREELANTHROPY SOFTWARE.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
BY INSTALLING, DOWNLOADING OR USING THE FREELANTHROPY SOFTWARE, YOU HEREBY AND FOREVER WAIVE ANY AND ALL CLAIMS YOU HAVE NOW OR MAY HAVE IN THE FUTURE AGAINST FREELANTHROPY OR ITS LICENSORS RELATING TO YOUR DOWNLOAD, INSTALLATION OR USE OF THE FREELANTHROPY SOFTWARE. YOU HEREBY WAIVE ANY CLAIM THAT THE FOREGOING LIMITATION OF LIABILITY DEPRIVES YOU OF AN ADEQUATE REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE FREELANTHROPY SOFTWARE IS TO STOP USING THE FREELANTHROPY SOFTWARE. YOU SPECIFICALLY AGREE THAT NEITHER FREELANTHROPY, NOR ITS LICENSORS, SHALL BE LIABLE FOR LOSSES OR LIABILITIES ARISING IN CONNECTION WITH YOUR DOWNLOAD, INSTALLATION OR USE OF THE FREELANTHROPY SOFTWARE, INCLUDING, BUT NOT LIMITED TO, LOSS OR LIABILITY RESULTING OR ARISING FROM OR IN CONNECTION WITH: (A) SOFTWARE CONFLICTS RELATED TO THE FREELANTHROPY SOFTWARE; (B) DATA NON-DELIVERY, DATA MIS-DELIVERY OR UNAUTHORIZED ACCESS TO TRANSMISSIONS OF DATA; (C) YOUR INFRINGEMENT OF A THIRD PARTY'S RIGHT; (D) DEFECTS OR VIRUSES IN, OR DISTRIBUTED WITH, THE FREELANTHROPY SOFTWARE; OR (E) YOUR OWN USE OR MISUSE OF YOUR PERSONAL COMPUTER OR THE SOFTWARE APPLICATIONS CONTAINED ON YOUR PERSONAL COMPUTER. WITHOUT LIMITING THE FOREGOING, FREELANTHROPY SHALL NOT BE LIABLE TO YOU FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING IN ANY WAY TO THE FREELANTHROPY SOFTWARE OR THIS AGREEMENT, IRRESPECTIVE OF WHETHER FREELANTHROPY WAS ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. THE FREELANTHROPY SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE, AND NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

9. Indemnification.
You hereby agree to release, indemnify, defend and hold harmless Freelanthropy, its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) relating to or arising from your use, installation or download of the Freelanthropy Software or your breach of this Agreement. Freelanthropy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

10. Notice to Government End Users.
The Freelanthropy Software (and any of its associated documentation) is a "Commercial Item," as that term is defined at 48 C.F.R. S2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. S 12.212 or 48 C.F.R. S227.7202, as applicable. Consistent with 48 C.F.R. S12.212 or 48 C.F.R. SS227.7202-1 through 227.7202-4, as applicable, such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other Authorized Users pursuant to the terms and conditions of this Agreement.

11. General Provisions.
This Agreement shall be governed exclusively by, and construed in accordance with United States federal laws and the laws of the State of California, without reference to any conflict of laws principles. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate federal or state court in Los Angeles County, California and the parties hereby expressly waive all venue, jurisdiction and choice of law challenges or defenses. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, including, but not limited to, any of the warranty disclaimers or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in full force and effect. If no enforceable provision can be substituted for any such invalid or unenforceable provision, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions in this Agreement. This Agreement will be binding upon and will inure to the benefit of Freelanthropy and its successors and assigns.

BY AGREEING TO THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY, (2) YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND (3) YOUR OBLIGATIONS UNDER THIS AGREEMENT ARE BINDING AND ENFORCEABLE.