This agreement (or “EULA”) is a legal agreement between the person, company or organization (“You”) that has licensed a software product (“Product” or “Application”) and MobiTech Solutions (“Licensor” or “Application Provider”). The Product version available for free usage is referred to in this license as “Free Version”. The Product version, with premium features unlocked, available for paid usage is referred to in this license as “Premium Version”. The Free and Premium Versions of the Product are to be obtained only through Google’s software distribution platform (“Google Play Store”) or other platforms where the Application has been officially uploaded by the Licensor. The “Google Play Store” or other such platforms where the Application has been officially uploaded are 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 Product 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 Free Version and Version with In-App-Purchases unlocked of the Product that is subject to this license are 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 or Terms of Service of the platform where the Application has been officially uploaded are referenced in this license as “Usage Rules”.
1. Modification of These Terms
The Licensor reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If the Licensor materially modifies this EULA it will post the updated EULA on its website or by other reasonable means known or hereafter developed. The Licensor will also update the “Last Updated Date” at the end of this Agreement. By continuing to use the Licensed Application after the Licensor has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to uninstall the Licensed Application.
2. 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.
3. 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.
4. 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.
5. 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.
6. Export
You may not use or otherwise export or re-export the Licensed Application except as authorized by the law of your resident country and the laws of the jurisdiction in which the Licensed Application was obtained.
7. Misc
Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
Last Updated: 05-Aug-2014
