By creating an account, you acknowledge that you have read and agree to the End-User License Agreement.
Last updated: November 25, 2018.
Graph Opus, LLC, a Nevada Limited Liability Corporation, owns and operates GraphOpus.com, aka GO. The Graph Opus, LLC office is located at 871 Tyner Way, Incline Village, NV; the mailing address is PO Box 6091, Incline Village, NV 89450. For a faster response, please email us at Support@GraphOpus.com.
This End-User License Agreement ("EULA") is the Agreement between you, a GO Subscriber, and Graph Opus, LLC.
As a registered user who has agreed to this EULA, Graph Opus, LLC grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to access via a web browser and use one copy of the Software on a device for your use (the “License”). The rights Graph Opus LLC grants you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms.
The License becomes effective on the date you accept this Agreement. The Software is licensed, not sold, to you under this License. This License does not grant you any title or ownership in the Software.
You agree not to, and may not do any of the following with respect to the Software or any of its parts: (a) use it commercially or for a promotional purpose; (b) use it on more than one device at a time; (c) copy, reproduce, license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software; (d) reverse engineer, derive source code from, modify, adapt, translate, decompile, or disassemble it or make derivative works based on it; (e) remove, disable, circumvent, or modify any proprietary notice of label or security technology included in it; (f) use it to infringe or violate the rights of any third party, including but not limited to any intellectual property, publicity, or privacy rights; (g) use, export, or re-export it in violation of any applicable law or regulation; (h) behave in a manner which is detrimental to the enjoyment of the Software by other users as intended by Graph Opus, LLC, in Graph Opus, LLC’s sold judgment, including, but not limited to the following- harassment, use of abusive or offensive language, spamming, social engineering or scamming.
Any content that you create, generate, or make available through the Software or the Services, including chat posts, data generation, customization, construction and screenshots, shall be UGC. You hereby grant to Graph Opus LLC a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, and sublicensable license to use, copy, modify, adapt, distribute, and publicly display your UGC. You may not create, generate, or make available through the Software of the services any UGC to which you do not have the right to grant Graph Opus, LLC such license. In addition, you may not create, generate, or make available through the Software of the Services any UGC that is illegal or violates or infringes another’s rights, including, intellectual property rights or privacy, publicity or moral rights. Graph Opus, LLC reserves the right to take down any UGC in its discretion.
Graph Opus, LLC may provide patches, updates, or upgrades to the Software that must be installed in order for you to continue to use the Software and Services. Graph Opus, LLC may update the Software remotely without notifying you and you hereby consent to Graph Opus LLC applying patches, updates, and upgrades. Graph Opus, LLC reserves the right to modify, suspend or discontinue, substitute, replace, or limit your access to any aspect of the Software or Services at any time. You acknowledge that your use of the Software or Services does not confer on you any interest, monetary or otherwise, in any aspect of feature of the Software. Any data or services of the Software may cease to be available to you at any time without notice from Graph Opus, LLC, including but not limited to after a patch, update, or upgrade is applied by Graph Opus, LLC. Graph Opus, LLC does not have any maintenance or support obligations with respect to the Software.
If you provide Graph Opus, LLC with any Feedback, you hereby grant Graph Opus, LLC a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Graph Opus, LLC is not required to make any use of any Feedback that you provide. You agree that if Graph Opus, LLC makes use of your Feedback, Graph Opus, LLC is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to Graph Opus, LLC to grant Graph Opus, LLC and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.
Graph Opus, LLC and its licensors own all title, ownership rights, and intellectual property rights in the Software and Services. Graph Opus, LLC, and its respective logos, are trademarks or registered trademarks of Graph Opus, LLC and its affiliates in the United States of America and elsewhere. All rights granted to you under this Agreement are granted by express license only and not by sale. No license or other rights shall be created hereunder by implication, estoppel, or otherwise.
The Software and Services is provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Graph Opus, LLC, its licensors, if applicable, and its and their affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Software and Services, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Graph Opus, LLC knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing.
Without limiting the generality of the foregoing, Graph Opus, LLC, its licensors, and its and their affiliates make no warranty that (1) the Software or Services will operate properly, (2) that the Software or Services will meet your requirements, (3) that the operation of the Software or Services will be uninterrupted, bug free, or error free in any or all circumstances, or (4) that any defects in the Software or Services can or will be corrected. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed. Graph Opus, LLC, its licensors, and its and their affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Software or Services. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Graph Opus, LLC, nor its licensors, nor its or their affiliates, nor any of Graph Opus, LLC’s service providers, shall be liable in any way for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, arising out of or in connection with this Agreement or the Software Content or Services, or the delay or inability to use or lack of functionality of the Software or Services, even in the event of Graph Opus, LLC’s fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if an Graph Opus, LLC has been advised of the possibility of such damages.
Further, to the maximum extent permitted by applicable law, the aggregate liability of Graph Opus, LLC arising out of or in connection with this Agreement or the Software or Services will not exceed the total amounts you have paid (if any) to Graph Opus, LLC for the Software during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Notwithstanding the foregoing, some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated above, so the above terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply only to the extent permitted by the laws of such jurisdictions. Also, you may have additional legal rights in your jurisdiction, and nothing in this Agreement will prejudice the statutory rights that you may have as a consumer of the Software or Services.
You agree to indemnify, pay the defense costs of, and hold Graph Opus, LLC, its licensors, its and their affiliates, and its and their employees, officers, directors, agents, contractors, and other representatives harmless from all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs, and expert witnesses’ fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, or (b) any act or omission by you in using the Software or Services. You agree to reimburse Graph Opus, LLC on demand for any defense costs incurred by Graph Opus, LLC and any payments made or loss suffered by Graph Opus, LLC, whether in a court judgment or settlement, based on any matter covered by this Agreement.
If you are prohibited by law from entering into the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation above.
This Agreement shall remain in effect until terminated by you or Graph Opus, LLC.
Graph Opus, LLC may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Graph Opus, LLC, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop. Graph Opus, LLC may, at its sole discretion, keep any analyses you have initiated using GraphOpus.com, these analyses will be attributed to Anonymous.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
You and Graph Opus, LLC each separately, own a copyright to your completed analysis of a dramatic work. If you publish any part or the entirety of your analysis (Weighted Events List, GO generated Graph, GO generated average Graph for your Weight-Assigning Strategy, average Weight per line, Role Ranking, and average Role Ranking based on your Weight-Assigning Strategy and any other GO-generated data), you agree to acknowledge GraphOpus.com by completing the following text and including it in your publication:
“The results in [paper title] are based on the analysis I did on GraphOpus.com, aka GO. I selected [dramatic work title], for assigning a Weight to an Event I defined the following Strategy,
then, observing that Strategy, reduced the dramatic work to a series of Weighted Events. Using the Weights I assigned to the Events I defined, GO generated a graph and a Role Ranking table; the peak (History or Tragedy) or nadir (Comedy) of the graph is the climax, lesser magnitude peaks are anticlimaxes. Finally, for a given dramatic work and Strategy, GO selects analyses to create an average Weight for each line of the dramatic work. Using the average Weight for a line, GO generates an average graph and average Role Ranking.”
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Including the above text wherever the article appears is the only claim GO makes against any benefits the analyst may earn.
A Subscriber uses GraphOpus.com to determine an analysis of a dramatic work; GO may, at its sole discretion, use that analysis to determine quantities that result in an average graph and Role Ranking for that dramatic work and the Subscriber’s Weight-Assigning Strategy.
If GO decides to publish a particular analysis, GO will, using the email address the analyst maintains on GO, send the analyst an email with the article containing the analysis and ask for permission to use the analyst's name, title, and organization to attribute this work. If the analyst’s email address is not current or GO personnel have not heard from the analyst for two weeks or the analyst refuses permission to use his name, GO may choose to publish this work attributing it to Anonymous.
Graph Opus, LLC personnel may edit, separately, Subscriber’s Synopsis and Comments but not Weights. The intent of these edits is to improve the edited material as opposed to correcting the analysis. Graph Opus, LLC will inform the analyst of all such edits, analyst may incorporate said edits into the existing analysis at analyst’s discretion without any obligation to Graph Opus, LLC.
Graph Opus, LLC has adopted the following policy toward copyright infringement with respect to the Application in accordance with the Digital Millennium Copyright Act. The address of Graph Opus, LLC's Designated Agent for copyright takedown notices is:
Graph Opus, LLC; Copyright Takedown Notice; PO Box 6091; Incline Village, NV 89450
Support Email: email@example.com