EULA
Acknowledgment
By clicking the "I Agree" button, downloading or using the
Application, You are agreeing to be bound by the terms and conditions
of this Agreement. If You do not agree to the terms of this Agreement,
do not click on the "I Agree" button, do not download or do not use
the Application. This Agreement is a legal document between You and
the Company and it governs your use of the Application made available
to You by the Company. The Application is licensed, not sold, to You
by the Company for use strictly in accordance with the terms of this
Agreement. License
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable,
limited license to download, install and use the Application strictly
in accordance with the terms of this Agreement. The license that is
granted to You by the Company is solely for your personal,
non-commercial purposes strictly in accordance with the terms of this
Agreement.
Third-Party Services
The Application may display, include or make available third-party
content (including data, information, applications and other products
services) or provide links to third-party websites or services. You
acknowledge and agree that the Company shall not be responsible for
any Third-party Services, including their accuracy, completeness,
timeliness, validity, copyright compliance, legality, decency, quality
or any other aspect thereof. The Company does not assume and shall not
have any liability or responsibility to You or any other person or
entity for any Third-party Services. You must comply with applicable
Third parties' Terms of agreement when using the Application.
Third-party Services and links thereto are provided solely as a
convenience to You and You access and use them entirely at your own
risk and subject to such third parties' Terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by You or the
Company. The Company 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 the Company, 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 Device or
from your computer. Upon termination of this Agreement, You shall
cease all use of the Application and delete all copies of the
Application from your Device. Termination of this Agreement will not
limit any of the Company's rights or remedies at law or in equity in
case of breach by You (during the term of this Agreement) of any of
your obligations under the present Agreement.
Indemnification
You agree to indemnify and hold the Company and its parents,
subsidiaries, affiliates, officers, employees, agents, partners and
licensors (if any) harmless from any claim or demand, including
reasonable attorneys' fees, due to or arising out of your: (a) use of
the Application; (b) violation of this Agreement or any law or
regulation; or (c) violation of any right of a third party.
No Warranties
The Application is provided to You "AS IS" and "AS AVAILABLE" and with
all faults and defects without warranty of any kind. To the maximum
extent permitted under applicable law, the Company, on its own behalf
and on behalf of its affiliates and its and their respective licensors
and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the
Application, including all implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement, and
warranties that may arise out of course of dealing, course of
performance, usage or trade practice. Without limitation to the
foregoing, the Company provides no warranty or undertaking, and makes
no representation of any kind that the Application will meet your
requirements, achieve any intended results, be compatible or work with
any other software, applications, systems or services, operate without
interruption, meet any performance or reliability standards or be
error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the
company's provider makes any representation or warranty of any kind,
express or implied: (i) as to the operation or availability of the
Application, or the information, content, and materials or products
included thereon; (ii) that the Application will be uninterrupted or
error-free; (iii) as to the accuracy, reliability, or currency of any
information or content provided through the Application; or (iv) that
the Application, its servers, the content, or e-mails sent from or on
behalf of the Company are free of viruses, scripts, trojan horses,
worms, malware, timebombs or other harmful components. Some
jurisdictions do not allow the exclusion of certain types of
warranties or limitations on applicable statutory rights of a
consumer, so some or all of the above exclusions and limitations may
not apply to You. But in such a case the exclusions and limitations
set forth in this section shall be applied to the greatest extent
enforceable under applicable law. To the extent any warranty exists
under law that cannot be disclaimed, the Company shall be solely
responsible for such warranty.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability
of the Company and any of its suppliers under any provision of this
Agreement and your exclusive remedy for all of the foregoing shall be
limited to the amount actually paid by You for the Application or
through the Application or 100 USD if You haven't purchased anything
through the Application. To the maximum extent permitted by applicable
law, in no event shall the Company or its suppliers be liable for any
special, incidental, indirect, or consequential damages whatsoever
(including, but not limited to, damages for loss of profits, loss of
data or other information, for business interruption, for personal
injury, loss of privacy arising out of or in any way related to the
use of or inability to use the Application, third-party software
and/or third-party hardware used with the Application, or otherwise in
connection with any provision of this Agreement), even if the Company
or any supplier has been advised of the possibility of such damages
and even if the remedy fails of its essential purpose. Some
states/jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to You. Severability and Waiver Severability
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. Waiver Except as provided herein, the failure to
exercise a right or to require performance of an obligation under this
Agreement shall not effect a party's ability to exercise such right or
require such performance at any time thereafter nor shall the waiver
of a breach constitute a waiver of any subsequent breach.