Copyright (c) 2018 Dmitry Nikolskiy
END-USER LICENSE AGREEMENT
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE CHECKING THE "I ACCEPT THE TERMS OF THE EULA" BOX OR DOWNLOADING OR INSTALLING OR USING THIS SOFTWARE (DEFINED BELOW).
This End-User License Agreement (the “EULA”) is a legal agreement between you, as an individual or entity, and Dmitry Nikolskiy (the “Developer”).
The term "Software" shall refer to and consist of the following:
By installing, copying or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree with the terms of this EULA, do not check the "I accept the terms of the EULA" box and do not download, install, copy or use the Software.
The Software is licensed, not sold.
Use of the Software within an organization or the use of multiple copies of the Software (except a back-up copy) requires a commercial license for the Software.
1. GRANT OF LICENSE
The Developer hereby grants you, subject to the terms and conditions of this EULA, a non-exclusive, non-transferable personal license to:
For clarity, the foregoing is not intended to prohibit you from installing and backing-up the Software for another Device on which you also agreed to the EULA. Each instance of this EULA that you agree to grants you the aforementioned rights in connection with the installation, use and back-up of one copy of the Software on one Device.
2. RESTRICTIONS ON USE
You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You shall not:
Title, ownership and all rights (including without limitation intellectual property rights) in and to the Software shall remain with the Developer. Except for those rights expressly granted in this EULA, no other rights are granted, whether express or implied. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material.
The Software does not use encryption algorithms while transmitting information. The Developer cannot ensure or warrant the security of any information that you transmit using the Software. The Developer does not guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
The Developer uses Google Analytics to collect anonymous information about your usage of the Software. Google Analytics reports application trends without identifying individual visitors. Google Analytics may obtain anonymous information about your non-precise location information (e.g., your zip code), other non-precise location information, the type of the mobile device you use, the IP address of your mobile device, your mobile operating system, and the information about the way you use the Software. The Developer does not collect personally identifiable information (name, address, email, etc.) about you.
Using anonymous unique device identifier of your device the Developer utilizes Google Analytics to collect anonymous information about demographics and interests of users of the Software.
The Software may participate in advertising and analytics services, such as those provided by Google and other search engines, including: Remarketing with Google Analytics, Google Display Network Impression Reporting, DoubleClick Platform integrations, and Google Analytics Demographic and Interest Reporting. The information collected through these programs is anonymous, aggregated, and not tied to personally identifiable information. More information about how Google uses data when you use sites or apps of Google’s partners you can read on the following link: http://www.google.com/policies/privacy/partners/
The Software has the option to opt-out the collecting the information about your usage of the Software.
This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling or otherwise destroying the Software together with all copies in any form. This EULA will also automatically terminate if you fail to comply with any term or condition of this EULA. Upon termination, for any reason, you agree to uninstall the Software together with all copies in any form.
The Developer reserves the right, at any time and from time to time without any notice, to update, revise, supplement, and otherwise modify this EULA and to impose new or additional rules, policies, terms, or conditions on your use of the Software. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions be effective immediately and incorporated into this EULA. The latest version of this EULA will always be available in the latest version of the Software. In the event the Developer modifies the Software or the EULA, you may terminate this EULA and cease use of the Software. Your continued use of the Software will be deemed as your acceptance of the modified EULA.
The Developer may modify the Software, including but not limited to changing the functionality or appearance of the Software.
7. NO WARRANTIES
THE DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR MOBILE DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR MOBILE DEVICE.
THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
By accepting the EULA, you agree to indemnify and otherwise hold harmless the Developer and its affiliates, partners, suppliers and licensors from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DEVELOPER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL DEVELOPER'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO THE DEVELOPER. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.