1.2. The Terms are entered into by and between Firebind and You. Firebind provides Reflector to You strictly subject to the Terms.
2.1. You may use this trial version for the purposes of evaluating Firebind Reflector.
2.2. You may not modify, reverse engineer, make derivative works of, distribute, transmit or sell Reflector without the express written consent of Firebind.
2.3. Reflector may not be used by You or any other party for any purpose that violates any local, state, federal or foreign law. You understand that using Reflector in any way that violates acceptable use policies of third party companies, networks, or devices may be illegal.
3.1. REFLECTOR IS PROVIDED TO YOU "AS IS." FIREBIND MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT THE EFFECTIVENESS, COMPLETENESS OR FITNESS OF REFLECTOR, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4.1. YOU AGREE THAT FIREBIND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE REFLECTOR INCLUDING WITHOUT LIMITATION ANY DAMAGE TO, OR VIRUSES OR "TROJAN HORSES" THAT MAY INFECT OR INVADE, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, EVEN IF FIREBIND IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
4.2. YOU AGREE TO HOLD FIREBIND HARMLESS FROM, AND YOU COVENANT NOT TO SUE FIREBIND FOR, ANY CLAIMS BASED OR YOUR USE OF, OR YOUR INABILITY TO USE, REFLECTOR.
5.1. You agree to indemnify and hold Firebind and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim or demand, including attorney's fees, made by any third party due to or arising out of Your use of Reflector, breach of the Terms, or violation of the rights of another.
6.1. Reflector and all names, marks, brands, logos, designs, trade dress and other designations Firebind uses in connection with Reflector are proprietary to Firebind and are protected by applicable intellectual property laws, including, but not limited to copyrights and trademarks. Accordingly, You may not modify, reverse engineer, make derivative works of, distribute, transmit or sell Reflector, nor may You remove or alter any of Firebind's trademarks from Reflector or co-brand Reflector, without the express written consent of Firebind.
7.1. Massachusetts law and controlling United States federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. You and Firebind agree to submit to the personal and exclusive jurisdiction of the Massachusetts state court and the United States District Court.
7.2. The Terms constitute the entire agreement between You and Firebind and govern Your use of Reflector, superseding any prior agreements between You and Firebind (including, but not limited to, prior versions of the Terms).
7.3. Firebind controls and operates Firebind.com from various locations in the United States of America and makes no representation that Reflector is appropriate or available for use in other locations. If you use Reflector from locations outside the United States of America, You are responsible for compliance with applicable local laws, including, but not limited to, the export and import regulations of other countries.
7.4. These Terms and Reflector could include inaccuracies or typographical errors. Firebind may make improvements and/or changes to the Terms or Reflector at any time without notice.
7.5. The failure of Firebind to enforce or exercise any right or provision of the Terms does not constitute a waiver of such right or provision.
7.6. In the event any provision of this Agreement is held to be unenforceable in any respect, such unenforceability shall not affect any other provision of this Agreement, provided that the expected economic benefits of this Agreement are not denied to either party.