Apps That Rock
AppsThatRock, Inc is willing to license its software to you only upon the condition that you accept all the terms contained in the license agreement below, including without limitation, the warranty disclaimers, limitations of liability and indemnity provisions. Download, installation or use of the software indicates your acceptance to all of the terms of this license agreement.
This License Agreement (“Agreement”) is a legal agreement between AppsTharRock, Inc. (the “Company”), a California corporation, principally located in Palo Alto, CA, and you (either an individual or single entity, “Customer”), and is effective the date Customer downloads or otherwise installs or uses the software product.
This Agreement covers all materials associated with Company software products (applications) made available on the Apple iTunes store, including but not limited to TalkMail, TalkMail Lite, TalkMail Pro. This Agreement also applies to any updates or supplements to the Software provided by Company.
1. INDEMNITY, NO WARRANTY, LILITATIONS OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CUSTOMER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CUSTOMER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPNAYS TOTAL LIABILITY TO CUSTOMER FOR ALL DAMGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF OTS ESSENTIAL PURPOSE
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. CUSTOMER AGREES TO USE SOFTWARE IN ACCORDANCE WITH ANY AND ALL APPLICABLE LAWS AND ONLY WHEN AND WHERE SAFE TO DO SO. CUSTOMER SHALL BEAR FULL RESPONSIBILTY FOR DETERMINING THE MANNER OF USE AND SAFE USE OF THE SOFTWARE.
IN NO CASE SHALL COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
COMPANY DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND COMAPMY DISCLAIMS ANY LIABILITY RELATING THERETO.
2. CHANGES. Company reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service and Software. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
3. NOTICES. Company may send you notice with respect to the Software or Service by sending an email message to the email address provided in use of Software.
4. Reservation of Rights.
4.1 All rights, ownership, title and interest in the Software copy, including any embedded elements or modules in the Product Unit, and any portion thereof (including any portion embedded in any Audio File created thereby) the related instructions, databases , and technology embedded therein or upon which it is based, and the related patent rights, copyrights, trade secrets, trademarks and all other related intellectual property rights are and shall remain exclusively with the Company or the Company’s licensor and no rights or licenses are granted to Customer there under, by implication, estoppels or otherwise, except for the use license rights expressly set forth below.
4.2 The Customer shall no cancel, modify or obliterate the copyright notices, trademark notices or other proprietary notices included in the Software copy.
4.3 Without prejudice to the generality of the foregoing provisions, Customer shall not (i) copy, modify, disassemble or decompile in whole or in part the software, nor otherwise analyze its codes or logical structure, (iii) use the Software to generate any Audio File whose contents are harmful, threatening, tortuous, abusive, defamatory, vulgar, obscene, libelous, hateful, or infringe on any third party right or are otherwise unlawful or (iiii) publicly execute, duplicate, distribute, divulge, disseminate, transmit or broadcast, or otherwise use for commercial or business purposes in any way form or code, and by any means any Audio Files generated by the use of the Software
5. Use license
Subject to the conditions hereof, the Customer shall have the personal, non-transferable and non-exclusive right to use the copy of the Software and of any Audio Files generated thereby solely as an embedded part of the corresponding product unit delivered to it by or on behalf of the Company and solely for its personal (not for profit) use.
6. Transfer of License
The Customer may not rent, lease or sublicense or otherwise transfer the Software copy, except for its definitive transfer in connection with the definitive transfer of the Product unit in which it is embedded, provided that the transferee shall abide by the terms and conditions hereof
7. Absence of Company or Company’s licensor warranties, services obligations and liabilities
The Customer acknowledges and agrees that (i) no warranty shall be given by the Company or Company’s licensor of the software to Customer with respect to the Software and, to the maximum extent permitted by the applicable law, all express or implied warranties, including without limitation, any warranty as to merchantability, fitness for purpose, uninterrupted use, absence of errors, defects or infringement of third party rights, are expressly excluded by Company or Comapy’s licensor, (ii) Company or Company’s Licensor shall; have no obligation to provide the customer with support and technical assistance services relating to the use and maintenance of the software or the product in which it is embedded and the customer shall refer soley to company for any such services requested by it and (iii) in no case Company or Company’s licensor shall be liable to the customer or any other party for any direct, indirect, incidental special or consequential damages, loss of data, loss of profit or loss of revenues
8. License Termination
The license granted hereunder shall be deemed automatically terminated, without prejudice to the right of the Company and its licensor to be indemnified of their damages and any other right and remedy in the event the Customer breaches any provisions hereof relevant to the Software.
Upon any such termination the Customer shall forth with cease any further use of the Software
9. Company’s licensor as third party beneficiary of the provisions hereof
The Customer acknowledges and agrees that in addition to Company; also its licensor of the Software shall have the right to enforce the provisions hereof against the Customer..
