End-User License Agreement
This is a software license agreement between JumpApps, Inc. and you (as licensed user), for the use of JumpApps, Inc.'s BirdCountz Lite Application (the "Application"), including any support functions, Help files, and any accompanying documentation.
GRANT OF LICENSE
JumpApps, Inc. grants to you the right to use the Application to count birds for yourself and your immediate family, subject to the terms and restrictions set forth in this license agreement.
You shall not resell the Application without written consent from JumpApps, Inc. You shall only use BirdCountz Lite as directed in the Help menu.
COMMERCIAL USE OF THIS PRODUCT
For information regarding commercial licensing of this Application, including use by educational institutions and nonprofit organizations, call JumpApps, Inc. at (619) 248-3635.
DISCLAIMER OF WARRANTY AND LIMITED WARRANTY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
- YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
- JUMPAPPS, INC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.
YOUR RESPONSIBILITY WHEN USING JUMPAPPS, INC.'S BIRDCOUNTZ LITE APPLICATION
We've done our best to give you a useful and accurate Application. It is your responsibility to be sure that this Application is used correctly to insure valid counts.
LIMITATION OF LIABILITY AND DAMAGES
Understanding the limitations of the Application as set out above, the total liability to you for actual damages for any cause whatsoever will be limited to the amount paid by you to JumpApps, Inc., or to an authorized reseller for use of the Application. To the maximum extent permitted by applicable law, JumpApps, Inc. will not be liable to you for any indirect, special, incidental or consequential damages (including but not limited to damages for loss of business, loss of profits and the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if JumpApps, Inc. has been advised of the possibility of such damages, and even if a remedy set forth is found to have failed of its essential purpose. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. JumpApps, Inc. shall not be liable to the extent the operation of its website or the Application is delayed or prevented due to causes beyond its reasonable control.
You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) JumpApps, Inc and/or third parties own all right, title and interest in and to the Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application, (iii) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter JumpApps, Inc's or any third party copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
These Terms and Conditions will continue to apply until terminated by either you or JumpApps, Inc as set forth below. You may terminate these Terms and Conditions at any time by permanently deleting the Application from your mobile device in its entirety. Your rights automatically and immediately terminate without notice from JumpApps, Inc or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Application.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless JumpApps, Inc, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Application, including your downloading, installation, or use of the Application, or your violation of these Terms and Conditions.
JumpApps, Inc. shall have the right to change or add to the terms of this agreement at any time, and to change, discontinue or impose conditions on any aspect or feature of the Application. Any such change will be effective upon notification to you by any means reasonable to give you actual or constructive notice, including by posting such terms in the Application itself, and your continued use of the Application will indicate your agreement to any such change.
By using the Application, you agree that this license is the complete and exclusive statement of the agreement between you and JumpApps, Inc. regarding the Application. However, this agreement does not limit any rights that JumpApps, Inc. may have under trade secret, copyright, patent, trademark or other laws. If any provision of this agreement is found to be invalid or unenforceable under applicable law, then any remaining provisions will continue in full force and effect. No delay or failure on the part of JumpApps, Inc. to exercise any of its rights under the agreement, or under law, shall be construed as a waiver of those rights.
For details about JumpApps, Inc.'s privacy policies, please refer to the privacy statement contained at www.jumpapps.com/privacyCopyrightPolicy.html