END USER LICENSE AGREEMENT
Last updated ;September 15, 2022My Notes is licensed to You (End-User) by UltimateSoft, (\”Licensor\”), for use only under the terms of this License Agreement.By downloading the Licensed Application from Google’s software distribution platform (\”Play Store\”), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. Play Store is referred to in this License Agreement as \”Services.\”The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. UltimateSoft, not the Services, is solely responsible for the Licensed Application and the content thereof.This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Google Play Terms of Service (\”Usage Rules\”). UltimateSoft acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.My Notes when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. My Notes is to be used on devices that operate with Google’s operating system (\”Android\”).
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
5. USE OF DATA
6. USER-GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
10. PRODUCT CLAIMS
11. LEGAL COMPLIANCE
12. CONTACT INFORMATION
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
15. INTELLECTUAL PROPERTY RIGHTS16. APPLICABLE LAW
THE APPLICATION My Notes (\”Licensed Application\”) is a piece of software created to Note taking and time management \u2014 and customized for Android mobile devices (\”Devices\”). It is used to Note taking and time management.The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and\/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.2 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with UltimateSoft’s prior written consent).
2.3 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.4 Licensor reserves the right to modify the terms and conditions of licensing.
2.5 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Licensed Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified\/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the Play Store Overview for this Licensed Application.
4.2 UltimateSoft and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.9.
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.9.2No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of UltimateSoft’s sphere of influence that affect the executability of the Licensed Application.9.3 You are required to inspect the Licensed Application immediately after installing it and notify UltimateSoft about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated
9.4 If we confirm that the Licensed Application is defective, UltimateSoft reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
UltimateSoft and the End-User acknowledge that UltimateSoft, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User 2019s possession and or use of that Licensed Application, including, but not limited to:(i) product liability claims (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and(iii) claims arising under consumer protection, privacy, or similar legislation.
11. LEGAL COMPLIANCEYou represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a \”terrorist supporting\” country; and that You are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, firstname.lastname@example.org
The license is valid until terminated by UltimateSoft or by You. Your rights under this license will terminate automatically and without notice from UltimateSoft if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application. 14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARYUltimateSoft represents and warrants that UltimateSoft will comply with applicable third-party terms of agreement when using Licensed Application.In Accordance with Section 9 of the \”Instructions for Minimum Terms of Developer’s End-User License Agreement,\” Google’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and \u2014 upon Your acceptance of the terms and conditions of this License Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
UltimateSoft and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, UltimateSoft, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAWThis License Agreement is governed by the laws of __________ excluding its conflicts of law rules.17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
THIRD PARTY SUPPLIERS :
To be able to deliver some of our exclusive services to you, we use a third party sub-supplier, to whom we transfer data. One of those partners is Appvestor, who respects the users fundamental legal rights to data protection and privacy. Click on the following link to access Appvestor’s End-User License Agreement