Terms and conditions
Survival. Except as provided in an Order Agreement, this Agreement shall commence on the date you first download or otherwise acquire the Sunefun and will remain in effect until terminated by either party by written notice. Sunefun may terminate this Agreement immediately if Sunefun reasonably determines in its subjective good faith that you or any of your Users have or are likely to violate any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, you will stop using, and either return to Sunefun, or at Sunefun’s election destroy and remove from all computers, hard drives, networks, and other storage media, all copies of the Licensed Materials and any Confidential Information in your possession, and shall certify to Sunefun that such actions have occurred. All provisions of this Agreement survive its termination except Sections 2.a and 2.b, provided that to the extent a User has downloaded or otherwise maintained a copy of the Sunefun Data and Content, such User shall have a continuing license to use such Sunefun Data and Content for that User’s own personal purposes.
You represent and warrant that: (i) you have the necessary power and authority to enter into this Agreement, and that the performance of your obligations will not constitute a breach or otherwise violate any other Agreement or the rights of any third party arising therefrom; (ii) you will maintain, throughout the Term, all required rights and licenses related to your Third Party Applications and your Third Party Applications shall not infringe or otherwise violate any third party rights, including but not limited to third party intellectual property rights; and (iii) your uses of the Licensed Materials do and shall comply with all applicable foreign, federal, state and local laws, rules, and regulations.