Software End User License Agreement
This software product (the "Software”), is licensed, not sold, to you. As used herein, "you" and "your” refer to the individual or entity that wishes to use and is an Authorized User of the Software. Authorized Users are individuals or individuals authorized by an entity that has purchased this license to view and use this Software. Your license to this Software is subject to your prior acceptance of this Software End User License Agreement. Your license to this Software under this Software End User License Agreement is granted by NFANT Labs LLC (“NFANT"). NFANT reserves all ownership and intellectual property rights in and to the Software.
The Licensor of the Licensed Application is NFANT Labs LLC and is located at: 817 W. Peachtree NE, Suite 320 30308. You may contact NFANT with any complaints or claims with respect to the Licensed Application at 1-800-761-7601 or firstname.lastname@example.org.
Please read these terms carefully. By using the Software you agree to and accept these terms. If you do not agree to these terms, do not use the Software.
This Software supports Android 4.4 or higher with Bluetooth 4.0, and certain supported data networks, and enables users to access, review and use certain data (and perform certain actions with such data) where such data is provided by a connection to an instance of NFANT server application that supports connection to the NFANT Application. Such server application is also licensed under this agreement with NFANT.
a. Scope of License: This license granted to you for the Software by NFANT is limited to a non-exclusive, non-transferable, non-sublicensable, revocable limited license to run the Software on your device solely for the purpose of performing those functions and tasks available to you as an end user of the Software who: (1) connects to a properly licensed version of the server application offered by NFANT that supports connection to the NFANT application and (2) who is using any device that you own or control. This Software is only for use with NFANT products and NFANT approved products. This license does not allow you to use the Software on any device that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, sublicense the Software. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, 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 Software). Any attempt to do so is a violation of the rights of NFANT and its licensors. lf you breach this restriction, You may be subject to prosecution and damages. You are not permitted to use the Software for any purpose other than as expressly permitted under this Software End User License Agreement. You acknowledge that NFANT may audit Your use of the Software.
The terms of the license will govern any upgrades provided by NFANT 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, and you agree to promptly install any such upgrade and cease use of the prior version.
b. Consent to Use of Data: You agree that NFANT may collect, store, process, maintain, upload, sync, transmit, share, disclose and use certain data and information, including but not limited to information or data regarding the characteristics or usage of your device, system and application software, and peripherals as well as personal information user location data, and user content (collectively“User Data') to facilitate the provision of services or functionality for the Licensed Application, including but not limited to authentication, performance optimization, software updates, product support and other services (if any) to you related to the Licensed Application or to otherwise improve NFANT’s products or to provide services or technologies to you. You acknowledge that use of the Licensed Application may result in User Data being transmitted between your device and a database server and that such User Data may becollected, stored, processed, maintained and used by the NFANT Application Server Provider and/or transmitted or disclosed to or accessed by NFANT.
c. No Warranty: The Software and any services performed or provided by the Software are provided "AS IS" and "AS AVAILABLE", with all faults and WITHOUT WARRANTY OF ANY KIND. The entire risk as to the quality and performance of the Software is with you. Should it prove defective, you and not NFANT assume the entire cost of servicing and repair. No oral or written information or advice given by NFANT or any of its authorized representatives will create a warranty. To the maximum extent permitted by applicable law, NFANT hereby excludes and disclaims all warranties, guaranties and conditions with respect to the Software and related services whether express, implied or statutory, including, without limitation, any warranty, guaranty or condition of Merchantability, of satisfactory quality, of fitness for a particular purpose, of absence of hidden defects, of quiet enjoyment, any warranty of non-infringement of third party rights, and any warranty, guaranty or condition that may arise by reason of usage of trade, custom, course of dealing or course of performance. Without limiting the above, NFANT does not warrant or guarantee that the Software or related services meet your requirements, that the operation of the Software will be error free or uninterrupted, or that defects will be corrected. Despite the above disclaimers you may have certain rights under your local law. Nothing in this contract is intended to affect those rights, if they are applicable
d. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NFANT OR ITS LICENSORS OR DISTRIBUTORS 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 SOFTWARE, THE SERVICES AND/OR THE THIRD PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF NFANT 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 NFANT’s or NFANT’s licensors' or distributors' total, aggregate liability to You for damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The above limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
e. Termination: This Agreement is effective until terminated by you or NFANT. This Agreement and all your rights hereunder will terminate automatically, without notice from NFANT, if you fail to comply with any term(s) of this Agreement. Upon termination of this Agreement, you must cease all use of the Software and destroy all copies, full or partial, in your possession or under your control. The provisions of Sections (b, c, d, and f) will survive the termination of this Agreement for any reason whatsoever.
f. Export: The Software is subject to United States export laws and regulations. You must comply with all US and international export laws and regulations applicable to the Software. In particular, but without limitation, the Software 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 Software 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.
g. The laws of the State of Georgia, excluding its conflicts of law rules, govern this license, its construction, and your use of the Software. Any action arising under this license shall be brought exclusively in Georgia, and you and NFANT expressly consent to the personal jurisdiction of the state and federal courts located in Georgia for such purposes. Your use of the Software may also be subject to other local, state, national, or international laws.
h. Assignment: You may not assign this Agreement, in whole or in part, or transfer the Software to any person. Any attempt to do so by you is void. This Agreement is personal to you and not for the benefit of any other person.
i. Severability: If any provision of this Agreement is determined to be illegal, invalid or unenforceable, it shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and if such modification is not feasible such provision will be severed, and the legality, validity and enforceability of all other provisions shall not be affected thereby.
j. Waiver, Entire Agreement: NFANT’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by NFANT in writing. This Agreement constitutes the entire agreement between you and NFANT with respect to the Software and supersedes any and all prior or contemporaneous oral or written agreements with respect to the same subject matter.