Terms and Conditions
IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT
This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. This SOFTWARE PRODUCT is licensed, not sold.
End User License Agreement
This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Metago, Inc. (henceforth "Metago") with regard to the copyrighted software (henceforth referred to as “SOFTWARE PRODUCT” or “Software”) provided with this EULA. The SOFTWARE PRODUCT includes software, the associated media, and printed materials, and any “on line” or electronic documentation. Use of any software and related documentation (“SOFTWARE”) provided to you by Metago in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy or use the Software. 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, Metago is unwilling to license the SOFTWARE PRODUCT to you.
1. Disclaimer of Warranty. The Software is provided “AS IS” without warranty of any kind. Metago and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Neither Metago nor its suppliers warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Metago is not obligated to provide any updates to the software.
2. Limitation of Liability. Metago's entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall Metago or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if Metago or its supplier has been advised of any claim by a third party.
4. Rental. You may not loan, rent, or lease the Software.
5. Upgrades. If the SOFTWARE is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a software program which you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one Android device.
6. No Liability for Consequential Damages. In no event shall Metago, or its suppliers, be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect, special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this Software, even if Metago has been advised of the possibility of such damages. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
7. Eligible Licensees. This Software is available for license solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sub-licensing. IF YOU DO NOT OWN THE SOFTWARE, THEN DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
8. License Grant. Metago grants to you a personal, non-transferable and non-exclusive right to use the copy of the Software provided with this EULA. You agree you will not copy the Software. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels, or marks from the Software is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the Software. You may not transfer this Software.
9. Copyright. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Metago and its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in the Software. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE PRODUCT), and any copies of the SOFTWARE PRODUCT are owned by Metago or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.
10. Reverse Engineering. You agree that you will not attempt to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to Metago.
11. Other. Metago is not responsible for any network charges that occur from use of this software.
12. Governing Law and Venue. This EULA and all matters arising out of this EULA shall be construed and enforced exclusively in accordance with California law without regard to choice of law provisions. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in California before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, unless otherwise required by law or judicial decision. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
Last Updated: December 27, 2016