End User Licensing Agreement ("EULA") for the Roamingsquirrel.com Apps (Version 02/2013)
This EULA constitutes a binding legal agreement between you, the end user (referred to herein by the words "you", "your", "yours", and their derivatives) and the developers at Roamingsquirrel.com (referred to herein as the "Developer" or with words such as "we", "us", "our" and their derivatives). You and Developer hereinafter are jointly referred to as "parties".
The products subject to this license are referred to herein as the "Roaming Squirrel Apps". The terms contained in this EULA ("Terms") govern your right to obtain access and make use of our Roaming Squirrel Apps and/or access or use any content or information provided by or in the Roaming Squirrel Apps.
1. DESCRIPTION AND USE OF THE APPLICATIONS. "Roaming Squirrel Apps" refers to a range of Android applications which an end user may download to a compatible electronic device, such as a smartphone or tablet computer ("Device").
Unless expressly stated to the contrary in the marketing information provided for a specific Roaming Squirrel App, Developer may deliver or display advertisements, marketing, or promotional materials through the Roaming Squirrel Apps. These materials are subject to be removed or changed, without prior written notice to you. We may place advertising, marketing and promotional materials ("Materials") within the Roaming Squirrel Apps. Developer shall not be held responsible or liable for the Materials and/or the content, information, products or services offered or provided by these Materials.
At our sole discretion and without giving you prior notice, we reserve the right to modify any portions of the Roaming Squirrel Apps, including but not limited to their functionalities, design and content provided. The right to provide you with updates, upgrades and/or support for the Roaming Squirrel Apps or any of the content contained therein or, to limit your access of the Roaming Squirrel Apps, is at our complete and sole discretion.
2. LICENSE GRANT. Subject to the Terms contained herein, we, or our approved Licensors, grant you a personal, revocable, worldwide, non-sublicensable, non-transferable, non-exclusive, non-assignable, royalty free, single user license, to (a) download and install 1 (one) copy of any of the Roaming Squirrel Apps to your Device, and (b) access, perform, display and use the Roaming Squirrel Apps on your Device.
3. RESTRICTIONS. You may not: (a) copy, modify or distribute the Roaming Squirrel Apps for any purpose without the prior written consent of Developer; (b) transfer, sublicense, lease, sell, lend, rent or otherwise distribute the Roaming Squirrel Apps to any third party without the prior written consent of Developer; (c) decompile, reverse-engineer, disassemble, or create derivative works of the Roaming Squirrel Apps; (d) make any features or functionalities of the Roaming Squirrel Apps available to multiple users through any means without the prior written consent of Developer; or (e) use the Roaming Squirrel Apps in any illegal manner, for any illegal purpose, or in any manner inconsistent with or in violation of these Terms.
4. OWNERSHIP. Developer is the sole and exclusive owner of all rights, title and interest in and to the Roaming Squirrel Apps, including but not limited to all copyrights, trademarks, patent rights and all other intellectual property rights therein or related thereto. Any rights not expressly granted to you herein are hereby reserved by Developer. You may not alter, remove or obscure any copyright, trademark or any other proprietary rights notices incorporated into the Roaming Squirrel Apps.
5. FEEDBACK. "Feedback" includes, without limitation, suggestions, comments, ideas or know how about the Roaming Squirrel Apps in direct connection with your testing, evaluation and/or use (whether presented orally, in written form or otherwise) of the Roaming Squirrel Apps. You acknowledge and agree that any Feedback you may provide the Developer, with regards to the Roaming Squirrel Apps, shall be Developer's sole and exclusive property, and you hereby irrevocably assign to Developer all of your rights, title and interests in and to all Feedback.
6. TERMINATION. The license granted herein is effective until terminated by either party. You may terminate this EULA by ceasing your use of and deleting the Roaming Squirrel Apps from your Device. Developer may suspend, terminate or disable your access to the Roaming Squirrel Apps at any time, at Developer's sole discretion and without prior notice to you. Developer will not be liable to you or any third party for terminating your access or use of the Roaming Squirrel Apps. Suspension or termination will not affect any of your obligations under this EULA (including, but not limited to, ownership, confidentiality, indemnification and limitation of liability sections). Upon termination of this EULA, you shall cease all use and delete all copies of the Roaming Squirrel Apps.
7. NO WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT THE ACCESS AND USE OF THE ROAMING SQUIRREL APP AND ITS CONTENT IS AT YOUR SOLE RISK AND DISCRETION. DEVELOPER WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES OR HARM TO ANY DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE ROAMING SQUIRREL APP AND ITS CONTENT. THE ROAMING SQUIRREL APP AND ITS CONTENT IS PROVIDED "AS IS", WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DEVELOPER EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DEVELOPER DOES NOT REPRESENT OR WARRANT THAT THE ROAMING SQUIRREL APP AND ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE ROAMING SQUIRREL APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ROAMING SQUIRREL APP WILL BE CORRECTED. FURTHERMORE, DEVELOPER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE OF THE ROAMING SQUIRREL APP AND ITS CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEVELOPER OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY REPRESENTATION OR WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED.
8. NO LIABILITY. IN NO EVENT SHALL DEVELOPER BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH THIS EULA, WHETHER ARISING FROM LOSS OF PROFITS, REVENUES, LOSS OR ACCURACY OF INFORMATION, OR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNATIVE OR INCIDENTAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
9. INDEMNITY. You agree to indemnify, defend and hold us and each of our respective officers, directors and employees harmless from and against any and all claims, demands, causes of action, losses, liabilities, damages, costs and expenses, incurred or otherwise suffered by us (including but not limited to attorney's fees) arising out of, resulting from or in connection with your access to or use of the Roaming Squirrel Apps and/or for any breach or violation of the Terms of this EULA.
10. CONFIDENTIALITY. You agree to hold in confidence and not use or disclose any materials or information disclosed by us that are confidential or proprietary ("Confidential Information"). You shall treat all Confidential Information with at least the same degree of care you use to prevent unauthorized disclosure or use of your own Confidential Information, but in no event less than reasonable care.
Confidential Information will not include information that: (i) is now or thereafter becomes generally known or available to the public, through no act or omission on your behalf, (ii) is expressly revealed by Developer on a non-confidential basis, (iii) was known by you prior to receiving such information, or (iv) is rightfully acquired by you from a third party who has the right to disclose it and who provides it without restriction as to use or disclosure (v) is independently developed by you without breach of any of these Terms (vi) is disclosed in response to a valid order of a court or other governmental body. The burden of proof for the existence of any of the above exceptions shall be borne by you.
11. ENTIRE AGREEMENT. This EULA constitutes the entire agreement between the parties and supersedes all communications, negotiations, arrangements and agreements, whether oral or written, between the parties with respect to the subject matter of this EULA.
12. WAIVER. No failure to exercise, nor any delay in exercising, on the part of Developer, any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further exercise thereof or the exercise of any other right or remedy. The waiver by Developer of any breach shall not be deemed a waiver of any subsequent breach of the same or any other Term of this EULA.
13. SEVERABILITY. If any provision of this EULA shall be held or become invalid, this shall not prejudice the validity of the other provisions of this EULA. Both parties agree on replacing the invalid provision with a valid provision, which most closely approximates to the commercial objective of the parties. The same applies to eventual loopholes in this EULA.
14. GENERAL. Any modification or amendment to this EULA must be made in writing to become effective. Verbal ancillary agreements are deemed not to exist.
You may not assign or transfer the EULA, the license granted hereunder, or any other rights or obligations herein, without our prior written consent. Any attempts to assign or transfer in violation of the foregoing will be void.
Any notices, comments, questions or complaints regarding the Roaming Squirrel Apps should be sent to: firstname.lastname@example.org