END-USER LICENSE AGREEMENT FOR ANDROID APPLICATIONS IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE APPLICATION: AQREADD SYSTEMS End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and AQREADD SYSTEMS for the AQREADD SYSTEMS Application(s) identified above or any portions thereof ("Application"). By installing, copying, or otherwise using the Application, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and AQREADD SYSTEMS, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, uninstall and do not use the Application.
The Application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Application is licensed, not sold.
1. GRANT OF LICENSE.
The Application is licensed as follows:
(a) AQREADD SYSTEMS grants you the non-exclusive, non-transferable, limited right and license to install and use this Application solely and exclusively for your personal use.
(b) You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party's use and enjoyment of the Application (or servers or networks connected to the Application).
(c) You agree that you are solely responsible for (and that AQREADD SYSTEMS has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the EULA, and for the consequences (including any loss or damage which AQREADD SYSTEMS may suffer) of any such breach.
2. PROPRIETARY RIGHTS
You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) AQREADD SYSTEMS and/or third parties own all right, title and interest in and to the Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application, (iii) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter AQREADD SYSTEMS or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Support Services.
AQREADD SYSTEMS may provide you with support services related to the Application ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Application and subject to the terms and conditions of this agreement.
(b) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the Application.
Without prejudice to any other rights, AQREADD SYSTEMS may terminate this agreement if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Application in your possession. You may terminate these terms and conditions at any time by permanently deleting the Application from your mobile device in its entirety.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless AQREADD SYSTEMS, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Application, including your downloading, installation, or use of the Application, or your violation of the terms of this agreement.
6. DISCLAIMER OF WARRANTIES
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
(b) YOU ARE SOLELY RESPONSIBLE FOR ANY SERVICE PROVIDER FEES, DAMAGE TO YOUR MOBILE DEVICE OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
(c) AQREADD SYSTEMS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AQREADD SYSTEMS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO FEES CHARGED BY YOUR SERVICE PROVIDER AND LOSS OF DATA OR DAMAGE TO YOUR MOBILE DEVICE, WHETHER OR NOT AQREADD SYSTEMS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
a. These Terms and Conditions constitute the entire Agreement between you and AQREADD SYSTEMS relating to the Application and govern your use of the Application, and completely replace any prior or contemporaneous agreements between you and AQREADD SYSTEMS regarding the Application.
b. The failure of AQREADD SYSTEMS to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to AQREADD SYSTEMS.
c. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
d. The rights granted in these Terms and Conditions may not be assigned or transferred by either you or AQREADD SYSTEMS without the prior written approval of the other party. Neither you nor AQREADD SYSTEMS are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.
e. These Terms and Conditions and your relationship with AQREADD SYSTEMS under these Terms and Conditions will be governed by the laws of the State of California without regard to its conflict of laws provisions. You and AQREADD SYSTEMS agree to submit to the exclusive jurisdiction of the courts located within the county of San Diego, California to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, you agree that AQREADD SYSTEMS will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.