BY CLICKING ON THE “ADD TO DISCORD” OR “INVITE” BUTTON, YOU OR THE ENTITY THAT YOU REPRESENT (“LICENSEE”) ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE SOFTWARE LICENSE AGREEMENT CONSISTING OF THIS PARAGRAPH, THE FOLLOWING TERMS, AND ANY ADDITIONAL TERMS REFERENCED HEREIN (THE “AGREEMENT”) WITH RESPECT TO THE BOT (THE “BOT”) MADE AVAILABLE BY BOTLABS.GG, LLC. (“BOTLABS”). PROVISION OF THE BOT IS CONDITIONED ON, AND LICENSEE’S INSTALLATION OR USE OF THE BOT SHALL CONSTITUTE, LICENSEE’S ASSENT TO THE TERMS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF LICENSEE DOES NOT UNCONDITIONALLY AGREE TO THE FOREGOING, YOU SHALL IMMEDIATELY CEASE ANY ACCESS TO OR USE OF THE BOT. IF YOU CONTINUE WITH ADDING THE BOT TO YOUR SERVER, YOU ARE REPRESENTING AND WARRANTING THAT YOU ARE AUTHORIZED TO BIND LICENSEE.
Grant of License.
Subject to Licensee’s compliance with all the terms hereof, Bot Labs grants Licensee a personal, non-commercial, non-sublicensable, non-transferable, nonexclusive, royalty-free license to use the Bot only on authorized channels and platforms as expressly permitted by Bot Labs, solely for the purpose of administering a server, moderation of a server, streaming music or podcasts, posting game updates, displaying game information and game account data and/or collecting memes. Bot Labs retains ownership of all copies of the Bot.
The Services are currently free for your personal and non-commercial use. If you’ll use the Services on behalf of any entity or any third party, please contact us at [email protected] for the enterprise customer license agreement. We reserve the right to require payment of fees for certain or all Services.
- Licensee acknowledges and agrees that Licensee is solely responsible for making sure that their use of this website and/or the Bots found at BotLabs.gg violates no applicable law, regulations or third-party rights.
- Licensee acknowledges and agrees that the Bot operates on or with or using application programming interfaces (APIs) and/or other services operated or provided by third parties (“Third Party Services”). Bot Labs is not responsible for the operation of any Third Party Services nor the availability or operation of the Bot to the extent such availability and operation is dependent upon Third Party Services. Licensee is solely responsible for procuring any and all rights necessary for it to access Third Party Services, for using the Bot on or with any Third Party Services, and for complying with any applicable terms or conditions thereof. Bot Labs does not make any representations or warranties with respect to Third Party Services or any third party providers. Any exchange of data or other interaction between Licensee and a third party provider is solely between Licensee and such third party provider and is governed by such third party’s terms and conditions.
Licensee will not (and will not allow any third party to) ( i ) modify, reverse engineer or attempt to discover any source code or underlying ideas or algorithms of the Bot (except to the extent that applicable law prohibits reverse engineering restrictions), ( ii ) provide, lease, lend, disclose, use for timesharing or service bureau purposes, or otherwise use or allow others to use for the benefit of any third party, the Bot, except for Participants, (iii) possess or use any Bot, or allow the transfer, transmission, export, or re-export of any Bot or portion thereof in violation of any applicable export control laws or regulations, (iv) disclose to any third party any benchmarking or comparative study involving the Bot, (v) remove any proprietary notices from the Bot, or (vi) use the Bot in a manner that violates applicable laws or regulations or any contractual obligations (including applicable terms) to which Licensee is a party or by which it is bound.
“User Data” shall mean any data, information or other material relating to the Bot usage provided, uploaded, or submitted by, for, or on behalf of Licensee in the course of using the Bot or in connection with the regular and normal use of the Bot. As between the parties, Licensee shall retain all right, title and interest in and to the User Data, including all intellectual property rights therein. Licensee, not Bot Labs, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Data. Bot Labs shall use commercially reasonable efforts to maintain the security and integrity of the User Data. Bot Labs is not responsible to Licensee for unauthorized access to User Data or any security incident of the Bot unless such access or incident is due to Bot Labs’s gross negligence or willful misconduct. Licensee is responsible for the use of the Bot by any person to whom Licensee has given access to the Bot. Notwithstanding anything to the contrary, Licensee acknowledges and agrees that Bot Labs may (i) internally use and modify (but not disclose) User Data for the purposes of (A) providing the Bot to Licensee, and (B) generating Aggregated Anonymous Data (as defined below), and (ii) freely use and make available Aggregated Anonymous Data for Bot Labs’s business purposes (including without limitation, for purposes of improving, testing, operating, promoting and marketing Bot Labs’s Bots and services). “Aggregated Anonymous Data” means data submitted to, collected by, or generated by Bot Labs in connection with the use of the Bot, but only in aggregate, de-identified form which can in no way be linked specifically to Licensee or any Participant. Licensee acknowledges that the Bot may contain automated reporting routines that will automatically identify and analyze the User Data and certain aspects of use and performance of the Bot and provide e-mail and other reports to Bot Labs.
All licenses will terminate thirty days (immediately in the case of a breach of Licensee’s Responsibilities by Licensee) after Bot Labs’s notice of any breach by Licensee remaining uncured at the end of such notice period. Upon any termination, Licensee shall immediately cease all use of the Bot and return or destroy all copies of all the Bot and all portions thereof and so certify to Bot Labs. Except as otherwise expressly provided herein, the terms hereof shall survive any termination. Termination is not an exclusive remedy and all other remedies will be available whether or not termination occurs.
THE BOT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND FROM ANYONE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, BOT LABS DOES NOT WARRANT RESULTS OF USE OR THAT THE BOTS ARE BUG FREE OR THAT THE BOT’S USE WILL BE UNINTERRUPTED.
Limitation of Liability.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, NEITHER BOT LABS NOR ANY LICENSOR SHALL BE LIABLE OR OBLIGATED WITH RESPECT TO THE SUBJECT MATTER HEREOF OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF FIFTY U.S. DOLLARS ($50.00) OR (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS; (III) FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES; (IV) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (V) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. THE PARTIES AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND THAT LICENSOR WOULD NOT PROCEED IN THE ABSENCE OF SUCH ALLOCATION.
Bot Labs may use Licensee’s nick name and logo in connection with the promotion of the Bot and the Bot Labs’s website at www.BotLabs.gg. Licensee agrees to participate in press announcements, case studies, or other forms reasonably requested by Bot Labs.