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This License Agreement is your proof of license. This is a legal agreement between you (either an individual or an entity), the end user, and the Fidelity Charitable regarding your use of Fidelity Charitable electronic services.
This Fidelity Charitable License Agreement ("License") permits you to use the Fidelity Charitable electronic services from each computer in your household, and a single computer at your workplace, in the United States. This License is subject to your compliance with the terms of this agreement and the Fidelity Charitable security procedures established for Fidelity Charitable electronic services users. This Fidelity Charitable License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent, lease or transfer yours rights to access Fidelity Charitable electronic services.
Fidelity Charitable electronic services are owned by Fidelity Charitable or its suppliers and are protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Fidelity Charitable electronic services like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) copy or download Fidelity Charitable electronic services solely for backup or archival purposes. You may not copy the written materials accompanying Fidelity Charitable electronic services or distribute the contents in anyway, without explicit written notice from Fidelity Charitable.
Fidelity Charitable makes no warranties regarding the Fidelity Charitable electronic services. Fidelity Charitable and its suppliers disclaim all warranties, either express or implied, including but not limited to implied warranties of merchantability, accuracy, and fitness for a particular purpose, with respect to Fidelity Charitable electronic services.
The entire risk as to results of use of Fidelity Charitable electronic services is assumed by you. In no event shall Fidelity Charitable or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, consequential, cover, loss of goodwill, work stoppage, computer failure or malfunction, indirect or special damages, or other pecuniary loss) arising out of the use of or inability to access this Fidelity Charitable service, even if Fidelity Charitable has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of warranties or of liability for consequential or incidental damages, the above limitation may not apply to you.
Fidelity Charitable electronic services are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software -Restricted Rights at 48CFR 52.227-19, as applicable. Manufacturer is Fidelity Charitable.
Fidelity Charitable electronic services and any underlying technology may not be accessed or exported outside the United States or to any foreign entity or "Foreign Person" as defined by the U.S. government regulations, including without limitation, anyone who is not a citizen , national or lawful permanent resident of the United States. By exporting or downloading data or using Fidelity Charitable electronic services, you are agreeing to the foregoing and you are warranting that you are not a "Foreign Person" or under the control of a "Foreign Person".
This license is effective until terminated. You may terminate it by notifying Fidelity Charitable in writing that you no longer wish to access Fidelity Charitable electronic services. The license will also terminate if you fail to comply with any condition of this Agreement, and you agree upon such termination to halt access of Fidelity Charitable electronic services.
This Agreement is governed by the laws of the Commonwealth of Massachusetts (except for conflict of law provisions). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
Fidelity Charitable may provide users the opportunity to export or download Giving Account information via electronic transmission, to a personal computer and display the information within a third party software product or on-line service. The Giving Account download is not a substitute for your Giving Account periodic account statements.
Fidelity Charitable makes no warranties regarding, and will not be responsible for, the operation of the third party software or service, or how such data will be calculated, manipulated or displayed. Data which has been transmitted by Fidelity Charitable and received by the third party product or service becomes the sole responsibility of the user. By agreeing to this license, you are agreeing to allow your Giving Account information to be transmitted to the third party product or service that you select to utilize through the electronic transmission process.