IMPORTANT - READ CAREFULLY: This EULA is a legal agreement between you (either an individual or a single entity) and ShareEcard for the use of ShareEcard for App Store, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following rights:
- Installation and Use. You may install and use the SOFTWARE PRODUCT on one or more devices that are owned or controlled by you, subject to the limitations and requirements of this EULA.
- License Restrictions. You may not, and you may not allow others to, directly or indirectly:
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the SOFTWARE PRODUCT or any software, documentation or data related to the SOFTWARE PRODUCT;
- modify, translate, or create derivative works based on the SOFTWARE PRODUCT;
- use the SOFTWARE PRODUCT for any commercial purpose or public display, performance, sale or rental;
- remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) contained in or displayed on the SOFTWARE PRODUCT;
- copy the SOFTWARE PRODUCT except as expressly permitted in this EULA;
- transfer, sell, sublicense, rent, lease, or lend the SOFTWARE PRODUCT to any third party;
- use the SOFTWARE PRODUCT in any manner that violates any applicable law, regulation or ordinance.
2. SUPPORT SERVICES. ShareEcard may provide you with support services related to the SOFTWARE PRODUCT. Use of support services is governed by the ShareEcard policies and programs described in the user manual, in "online" documentation, and/or other ShareEcard-provided materials. Any supplemental software code provided to you as part of the support services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
3. TERMINATION. Without prejudice to any other rights, ShareEcard may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must immediately cease all use of the SOFTWARE PRODUCT and destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
4. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by ShareEcard or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.
5. DISCLAIMER OF WARRANTIES. THE SOFTWARE PRODUCT IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHAREECARD DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL SHAREECARD BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION.
7. NOTICE REGARDING APPLE
- 7.1. To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
- 7.2. Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
- 7.3. If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
- 7.4. Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
- 7.5. Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party's intellectual property rights.
- 7.6. You agree to comply with any applicable third-party terms when using our mobile application.
- 7.7. Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
- 7.8. You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.