END USER AGREEMENT
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE APPLICATION, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; THIRD PARTIES IN SECTION 7; WARRANTY IN SECTION 8; AND LIABILITY IN SECTION 9. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS APPLICATION.
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Definitions
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
"Licensor" means InterApp Inc., with its main address located at in Sacramento, California USA.
"Application" means (a) all of the contents or other media with which this Agreement is provided, including but not limited to (i) InterApp Inc. or third party application; (ii) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (iii) related explanatory written materials or files ("Documentation"); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Application, if any, licensed to you by InterApp Inc. (collectively, "Updates").
"Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Application in accordance with the Documentation.
“Licensee” means You, unless otherwise indicated.
"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by InterApp Inc.
“Mobile Device” means any handled computer device with an LCD or OLED flat screen interface with digital buttons or keyboards or physical buttons along with a physical keyboard. Such devices can connect to the internet and interconnect with other devices.
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Application License
As long as you comply with the terms of this End User License Agreement (the "Agreement"), InterApp grants to you a non-exclusive license to Use the Application for the purposes described in the Documentation. Some third-party materials included in the Application may be subject to other terms and conditions, which are typically found in a "Read Me" file located near such materials.
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General Use
You may download the Application on AppStore and/or Google Play store and install it on your compatible mobile device, up to the Permitted Number of mobile devices; or
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Stock Files
Unless stated otherwise in the "Read-Me" files associated with the Stock Files, which may include specific rights and restrictions with respect to such materials, you may display, modify, reproduce and distribute any of the Stock Files included with the Application. However, you may not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. Stock Files may not be used in the production of libelous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third-party intellectual property rights or in any otherwise illegal manner. You may not claim any trademark rights in the Stock Files or derivative works thereof.
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Title to Application
Licensor retains title to and ownership of the Application and all enhancements, modifications, and updates of the Application.
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Intellectual Property Rights
The Application is the intellectual property of and owned by InterApp Inc. and its suppliers. The structure, organization and code of the Application are the valuable trade secrets and confidential information of InterApp Inc. and its suppliers. The Application is protected by copyright, including without limitation by United States of America Copyright Law, international treaty provisions and applicable laws in the country in which it is being used.
You also agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Application except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Application with another application program, and you have first requested InterApp Inc. to provide the information necessary to achieve such operability and InterApp Inc. has not made such information available.
InterApp Inc. has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by InterApp or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any application which is substantially similar to the expression of the Application. Requests for information should be directed to the InterApp Inc. Customer Support Department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Application and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Application.
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Subscription Fee
As consideration for the perpetual license to use the Application granted to Licensee herein, Licensee shall pay to Licensor the total sum of [AMOUNT].
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Modification and enhancement
Licensee will make no efforts to reverse engineer the Application or make any modifications or enhancements without Licensor's express written consent.
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Third parties
In processing any personal data on Licensee’s behalf, the licensor may in order to improve licensee’s user experience cause the disclosure and processing of personal data of licensee to a third party in accordance with applicable legislation. By using this Application, you understand and acknowledge that your personal data may be shared with third parties only for the purpose of user experience improvements.
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No Warranty
The Application is being delivered to you "AS IS" and InterApp Inc. makes no warranty as to its use or performance. INTERAPP INC. AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE APPLICATION. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, INTERAPP INC. AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NON INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
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Limitation of liability
IN NO EVENT WILL INTERAPP INC. OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN INTERAPP INC. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMSOR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. INTERAPP INC. AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE APPLICATION, IF ANY. Nothing contained in this Agreement limits InterApp Inc's liability to you in the event of death or personal injury resulting from InterApp inc's negligence or for the tort of deceit (fraud). InterApp Inc is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact InterApp Inc's Customer Support Department.
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Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of California.
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Consent to Jurisdiction, Venue and Service
Licensor consents and agrees that all legal proceedings relating to the subject matter of this Agreement shall be maintained in courts sitting within the State of California, and Licensor consents and agrees that jurisdiction and venue for such proceedings shall lie exclusively with such courts. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address at which it is to receive notice as provided herein.
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General Provisions
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of InterApp Inc. Updates may be licensed to you by InterApp Inc. with additional or different terms. This is the entire agreement between InterApp Inc. and you relating to the Application and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Application.
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Questions/Complaints
If you have any questions regarding this Agreement or if you wish to request any information from InterApp Inc. please use the address and contact information included with this product to contact us.
InterApp Inc, InterApp, are either registered trademarks or trademarks of InterApp Inc. in the United States and/or other countries.