End-User License Agreement
PLEASE REVIEW THIS END USER LICENSE AGREEMENT (THIS “AGREEMENT”) CAREFULLY
AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “CUSTOMER”) AND AZSoft
Technology Inc. (“AZSOFT”). BY PURCHASING, DOWNLOADING, INSTALLING, COPYING
OR OTHERWISE USING THIS APPLICATION (THE “APPLICATION”), AN APPLICATION
FOR ANY DEVICE RUNNING A LEGAL VERSION OF THE “ANDROID” OPERATING SYSTEM (THE
“DEVICE”), YOU HEREBY AGREE TO BE BOUND BY EACH OF THE TERMS AND CONDITIONS
SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY SUCH TERM OR CONDITION, YOU MAY
NOT PURCHASE, DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE APPLICATION.
- USE OF APPLICATION
- AZSOFT grants you the non-exclusive, non-transferable, limited right
and license to install and use this Application solely and exclusively
for your personal use.
- 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).
- You agree that you are solely responsible for (and that AZSOFT has no
responsibility to you or to any third party for) your use of the Application,
any breach of your obligations under the Terms and Conditions, and for
the consequences (including any loss or damage which AZSOFT may suffer)
of any such breach.
- 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) AZSOFT 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 AZSOFT's 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.
- NO OBLIGATION TO SUPPORT
With respect to the Application, AZSOFT has no obligation to provide maintenance
or installation services of any kind, error corrections, bug fixes, patches,
updates or other modifications to the Application (“Fixes”). In the event
that AZSOFT provides any Fixes to Customer, such Fixes will be considered
part of the Application and will be subject to the terms and conditions set
forth herein.
- PRIVACY POLICY
The Privacy Policy describes how we treat personal information when you use
this application. We use Google Analytics and/or third parties to collect data
from, control and/or monitor computers and devices running or interacting with the
APPLICATION. The collected data is anonymously and used to help
us understand how customers engage with this application. It reports application
trends without identifying individual customers. AZSOFT reserve the right to
anonymously track and report your activity inside of our applications.
AZSOFT will not share this information with other customers, or any third
parties.
- U.S. GOVERNMENT RESTRICTED RIGHTS
This Application, related materials and documentation have been developed
entirely with private funds. If the user of the Application is an agency,
department, employee, or other entity of the United States Government, the
use, duplication, reproduction, release, modification, disclosure, or transfer
of the Application, including technical data or manuals, is restricted by
the terms, conditions and covenants contained in these Terms and Conditions.
In accordance with Federal Acquisition Regulation 12.212 for civilian agencies
and Defense Federal Acquisition Regulation Supplement 227.7202 for military
agencies, use of the Application is further restricted by these Terms and
Conditions.
- EXPORT RESTRICTIONS
The Application may be subject to export controls or restrictions by the United
States or other countries or territories. You agree to comply with all applicable
U.S. and international export laws and regulations. These laws include restrictions
on destinations, end users, and end use.
- TERMINATION
These Terms and Conditions will continue to apply until terminated by either
you or AZSOFT as set forth below. You may terminate these Terms and Conditions
at any time by permanently deleting the Application from your mobile device
in its entirety. Your rights automatically and immediately terminate without
notice from AZSOFT or any Third Party if you fail to comply with any provision
of these Terms and Conditions. In such event, you must immediately delete
the Application.
- INDEMNITY
To the maximum extent permitted by law, you agree to defend, indemnity and
hold harmless AZSOFT, 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 these Terms and Conditions.
- DISCLAIMER OF WARRANTIES
- 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.
- YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR
OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
- AZSOFT 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.
- THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR
FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION
OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES
IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AZSOFT, 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
ANY LOSS OF DATA OR DAMAGE TO YOUR MOBILE DEVICE, WHETHER OR NOT AZSOFT OR
ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE
POSSIBILITY OF ANY SUCH LOSSES ARISING.
- MISCELLANEOUS
- These Terms and Conditions constitute the entire Agreement between you
and AZSOFT relating to the Application and govern your use of the Application,
and completely replace any prior or contemporaneous agreements between
you and AZSOFT regarding the Application.
- The failure of AZSOFT 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 AZSOFT.
- 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.
- The rights granted in these Terms and Conditions may not be assigned
or transferred by either you or AZSOFT without the prior written approval
of the other party. Neither you nor AZSOFT are permitted to delegate their
responsibilities or obligations under these Terms and Conditions without
the prior written approval of the other party.