This agreement (or “EULA”) is a legal agreement between the person, company or organization (“You”) that has licensed a software product (“Product”) and Bucket of Apps applications (“Licensor” or “Application Provider”). The Product is to be obtained only through Google's software distribution platform (“Google Play Store”). The “Google Play Store” is referred to in this license as “Services”.
By installing and/or using any Product provided by the Licensor, You
are confirming your acceptance of this agreement and you are agreeing to
become bound by the terms of this agreement.
This EULA shall
apply only to a Products supplied by the Licensor herewith regardless of
whether other software or platform is referred to or described herein.
The
Products transacted through the Services are licensed, not sold, to You
for use only under the terms of this license. The Application Provider
reserves all rights not expressly granted to You. The Product that is
subject to this license is referred to in this license as the “Licensed Application.” The Licensed Application is to be used on devices that operate with Google’s operating system (“Android”) and the aforementioned devices are referenced in this license as “Devices”. The Google Play Terms of Service are referenced in this license as “Usage Rules”.
a.
Scope of License: This license granted to You for the Licensed
Application by Application Provider is limited to a non-transferable
license to use the Licensed Application on any Devices that You own or
control and as permitted by the Usage Rules. This license does not allow
You to use the Licensed Application on any Devices that You do not own
or control, and You may not distribute or make the Licensed Application
available over a network where it could be used by multiple devices at
the same time. You may not rent, lease, lend, sell, redistribute or
sublicense the Licensed Application. You may not copy (except as
expressly permitted by this license and the Usage Rules), decompile,
reverse engineer, disassemble, attempt to derive the source code of,
modify, or create derivative works of the Licensed Application, any
updates, or any part thereof (except as and only to the extent any
foregoing restriction is prohibited by applicable law or to the extent
as may be permitted by the licensing terms governing use of any open
sourced components included with the Licensed Application). Any attempt
to do so is a violation of the rights of the Application Provider and
its licensors. If You breach this restriction, You may be subject to
prosecution and damages. The terms of the license will govern any
upgrades provided by Application Provider that replace and/or supplement
the original Product, unless such upgrade is accompanied by a separate
license in which case the terms of that license will govern.
b.
Consent to Use of Data: You agree that Application Provider may collect
and use technical data and related information, including but not
limited to technical information about Your device, system and
application software, and peripherals, that is gathered periodically to
facilitate the provision of software updates, product support and other
services to You (if any) related to the Licensed Application.
Application Provider may use this information, as long as it is in a
form that does not personally identify You, to improve its products or
to provide services or technologies to You.
c. Termination.
The license is effective until terminated by You or Application
Provider. Your rights under this license will terminate automatically
without notice from the Application Provider if You fail to comply with
any term(s) of this license. Upon termination of the license, You shall
cease all use of the Licensed Application, and destroy all copies, full
or partial, of the Licensed Application.
d. Services; Third
Party Materials. The Licensed Application may enable access to
Application Provider’s and third party services and web sites
(collectively and individually, “Services”). Use of the Services may
require Internet access and that You accept additional terms of service.
You
understand that by using any of the Services, You may encounter content
that may be deemed offensive, indecent, or objectionable, which content
may or may not be identified as having explicit language, and that the
results of any search or entering of a particular URL may automatically
and unintentionally generate links or references to objectionable
material. Nevertheless, You agree to use the Services at Your sole risk
and that the Application Provider shall not have any liability to You
for content that may be found to be offensive, indecent, or
objectionable.
Certain Services may display, include or make
available content, data, information, applications or materials from
third parties (“Third Party Materials”) or provide links to certain
third party web sites. By using the Services, You acknowledge and agree
that the Application Provider is not responsible for examining or
evaluating the content, accuracy, completeness, timeliness, validity,
copyright compliance, legality, decency, quality or any other aspect of
such Third Party Materials or web sites. The Application Provider does
not warrant or endorse and does not assume and will not have any
liability or responsibility to You or any other person for any
third-party Services, Third Party Materials or web sites, or for any
other materials, products, or services of third parties. Third Party
Materials and links to other web sites are provided solely as a
convenience to You. Financial information displayed by any Services is
for general informational purposes only and is not intended to be relied
upon as investment advice. Before executing any securities transaction
based upon information obtained through the Services, You should consult
with a financial professional. Location data provided by any Services
is for basic navigational purposes only and is not intended to be relied
upon in situations where precise location information is needed or
where erroneous, inaccurate or incomplete location data may lead to
death, personal injury, property or environmental damage. Neither the
Application Provider, nor any of its content providers, guarantees the
availability, accuracy, completeness, reliability, or timeliness of
stock information or location data displayed by any Services.
You
agree that any Services contain proprietary content, information and
material that is protected by applicable intellectual property and other
laws, including but not limited to copyright, and that You will not use
such proprietary content, information or materials in any way
whatsoever except for permitted use of the Services. No portion of the
Services may be reproduced in any form or by any means. You agree not to
modify, rent, lease, loan, sell, distribute, or create derivative works
based on the Services, in any manner, and You shall not exploit the
Services in any unauthorized way whatsoever, including but not limited
to, by trespass or burdening network capacity. You further agree not to
use the Services in any manner to harass, abuse, stalk, threaten, defame
or otherwise infringe or violate the rights of any other party, and
that the Application Provider is not in any way responsible for any such
use by You, nor for any harassing, threatening, defamatory, offensive
or illegal messages or transmissions that You may receive as a result of
using any of the Services.
In addition, third party Services and
Third Party Materials that may be accessed from, displayed on or linked
to from the Devices are not available in all languages or in all
countries. The Application Provider makes no representation that such
Services and Materials are appropriate or available for use in any
particular location. To the extent You choose to access such Services or
Materials, You do so at Your own initiative and are responsible for
compliance with any applicable laws, including but not limited to
applicable local laws. The Application Provider, and its licensors,
reserve the right to change, suspend, remove, or disable access to any
Services at any time without notice. In no event will the Application
Provider be liable for the removal of or disabling of access to any such
Services. The Application Provider may also impose limits on the use of
or access to certain Services, in any case and without notice or
liability.
e. No Warranty: You expressly acknowledge and
agree that use of the licensed application 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 license application and any services performed or provided by the
licensed application (“services”) are provided “as is” and “as
available,” with all faults and without warranty of any kind, and
application provider hereby disclaims all warranties and conditions with
respect to the licensed application 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. Application
provider does not warrant against interference with your enjoyment of
the licensed application, that the functions contained in, or services
performed or provided by, the licensed application will meet your
requirements, that the operation of the licensed application or services
will be uninterrupted or error-free, or that effects in the licensed
application or services will be corrected. No oral or written
information or advice given by application provider or its authorized
representative shall create a warranty. Should the licensed application
or services prove defective, you assume the entire cost of all necessary
servicing, repair or correction. Some jurisdictions do not allow the
exclusion of implied warranties or limitations on applicable statutory
rights of a consumer, so the above exclusion and limitations may not
apply to you.
f. Limitation of Liability. To
the extent not prohibited by law, in no event shall application provider
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
application provider has been advised of the possibility of such
damages. Some jurisdictions do not allow the limitation of liability for
personal injury, or of incidental or consequential damages, so this
limitation may not apply to you.In no event shall Application
Provider’s total liability to you for all damages (other than as may be
required by applicable law in cases involving personal injury) exceed
the amount of fifty dollars ($50.00). The foregoing limitations will
apply even if the above stated remedy fails of its essential purpose.
g.
You may not use or otherwise export or re-export the Licensed
Application except as authorized by United States law and the laws of
the jurisdiction in which the Licensed Application was obtained. In
particular, but without limitation, the Licensed Application may not be
exported or re-exported (a) into any U.S. embargoed countries or (b) to
anyone on the U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Department of Commerce Denied Person’s List or
Entity List. By using the Licensed Application, you represent and
warrant that you are not located in any such country or on any such
list. You also agree that you will not use these products for any
purposes prohibited by United States law, including, without limitation,
the development, design, manufacture or production of nuclear,
missiles, or chemical or biological weapons.
h. The Licensed
Application and related documentation are “Commercial Items”, as that
term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer
Software” and “Commercial Computer Software Documentation”, as such
terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as
applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1
through 227.7202-4, as applicable, the Commercial Computer Software and
Commercial Computer Software Documentation are being licensed to U.S.
Government end users (a) only as Commercial Items and (b) with only
those rights as are granted to all other end users pursuant to the terms
and conditions herein. Unpublished-rights reserved under the copyright
laws of the United States.
i. The laws of the State of
California, excluding its conflicts of law rules, govern this license
and your use of the Licensed Application. Your use of the Licensed
Application may also be subject to other local, state, national, or
international laws.
