This End User License Agreement (the "EULA") is a binding legal agreement between you, as an individual or entity, and LinkedIn Corporation ("LinkedIn"). By downloading, installing, or using the LinkedIn for Blackberry (the "Software"), you agree to be bound by the terms of this EULA.
You agree that installation or use of the Software signifies that you have read, understood, and agree to be bound by the EULA.
The Software is provided to you under this EULA solely for your private, non-commercial use. Use of the Software or of the LinkedIn Service within an organization or the use of multiple copies of the Software (except a back-up copy) requires a commercial license for the Software.
The LinkedIn for Blackberry is a downloadable software application for that enables you to access LinkedIn functionality directly from your Blackberry device. You may download the Software whether or not you use the LinkedIn Service, but you must associate it with your LinkedIn account to enable its full functionality. If you choose to use the LinkedIn Service, either as an existing member or by joining the LinkedIn Service, the Software enables you to directly access the LinkedIn service, including your LinkedIn contacts‚ profile information, and Network Updates, as well as to email your LinkedIn contacts and invite others to connect directly from your Blackberry device.
LinkedIn hereby grants you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable personal license to:
The Software contains material protected by United States Copyright Law, trade secret law, and international treaty provisions. Title, ownership, rights, and intellectual property rights in and to the Software shall remain with LinkedIn.
You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You may not:
All rights to the Software not expressly granted herein are reserved by LinkedIn.
LINKEDIN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. LINKEDIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
LinkedIn may modify the Software and this EULA with notice to you either in email or by publishing notice on the Website, including but not limited to charging fees for the Software, or changing the functionality or appearance of the Software. In the event LinkedIn modifies the Software or the EULA, you may terminate this EULA and cease use of the Software. LinkedIn may terminate your use of the Software, the EULA or the LinkedIn Service at any time, with or without notice.
The Software and accompanying documentation are provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(iii) of DFARS 252.227-7013 (The Rights in Technical Data and Computer Software) or subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the Commercial Computer Software - Restricted Rights), as applicable. The manufacturer is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043.
The Software is not intended for use by persons under the age of 18 and may not be used by anyone under such age.
By accepting the EULA, you agree to indemnify and otherwise hold harmless LinkedIn Corporation, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LINKEDIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LINKEDIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL LINKEDIN'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO LINKEDIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This EULA is expressly made subject to any laws, regulations, orders or other restrictions on the export from the United States of America of the Software or information about such Software which may be imposed from time to time by the government of the United States of America. You shall not export the Software or information about the Software without consent of LinkedIn and compliance with such laws, regulations, orders or other restrictions.
The EULA between you and LinkedIn Corporation will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. The exclusive forum for any disputes arising out of or relating to this EULA shall be an appropriate federal court or state court sitting in the County of Santa Clara, State of California. The EULA constitutes the entire agreement between you and LinkedIn regarding the Software. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this EULA will remain in full force and effect. You may not assign this EULA, and any assignment of this EULA by you will be null and void. LinkedIn, the LinkedIn logo, and other LinkedIn logos and names are trademarks of LinkedIn Corporation. You agree not to display or use these trademarks in any manner without LinkedIn's prior, written permission. The section titles and numbering of this EULA are displayed for convenience and have no legal effect.