This End User License Agreement (“EULA”) contains the terms and conditions regarding your use of the SOFTWARE (as defined below). This EULA contains limitations to your rights in that regard. You should read this EULA carefully and treat it as valuable property.
Agreement Between You and Brett Alistair Kromkamp
This EULA is a legally binding agreement between you and Brett Alistair Kromkamp, Canales Altas, 3, Cruz de Tea, 38616 Granadilla, Santa Cruz de Tenerife, Spain. You intend to be legally bound to this EULA to the same extent as if Brett Alistair Kromkamp and you physically signed this EULA. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms and conditions contained in this EULA. If you do not agree to all of the terms and conditions contained in this EULA, you may not install or use the SOFTWARE.
Definition of “SOFTWARE”
This EULA governs your use of Brett Alistair Kromkamp’s software product(s) enclosed or otherwise accompanied herewith (individually and collectively, the “SOFTWARE”). The term “SOFTWARE” includes, to the extent provided by Brett Alistair Kromkamp:
- any revisions, updates and/or upgrades thereto
- any data, images, executable files, databases, data engines, computer software or similar items normally used or distributed with computer software products
- any associated media, documentation (including physical, electronic and on-line) and printed materials
Copyright
The SOFTWARE is owned by Brett Alistair Kromkamp and is protected by copyright laws and international treaties. You may not remove the copyright notice from any copy of the SOFTWARE.
Grant of License
The SOFTWARE is not sold to you. Rather, it is licensed on a non-exclusive basis solely for use by you, and you alone, under the terms of this agreement. Brett Alistair Kromkamp retains all title to and ownership of the SOFTWARE and reserves all rights not expressly granted to you hereby.
Brett Alistair Kromkamp hereby grants you, subject to the terms and conditions of this, to:
- use the SOFTWARE for your own personal use
- make one (1) copy of the SOFTWARE in any machine readable form solely for back-up purposes, provided you reproduce the SOFTWARE in its original form and with all proprietary notices on the back-up copy
No Transfer of License
You may not transfer your license of the SOFTWARE to anyone. Also you may not sub-license any of your rights granted by this agreement.
Decompiling, Disassembling or Reverse Engineering
You acknowledge that the SOFTWARE contains trade secrets and other proprietary information of Brett Alistair Kromkamp. You may not decompile, disassemble or otherwise reverse engineer the SOFTWARE, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the SOFTWARE.
Updates and Upgrades
This license does not grant you any right to any enhancements, bug fixes, patches or updates to the SOFTWARE, nor any support services. UPDATES are defined as new versions of the SOFTWARE, if the major version number has not been changed (the major version number is the first number of the product version string, e.g.: the major version number of “1.2.3.4” is 1). If the major version number changes, then the new version of the SOFTWARE is defined as an UPGRADE. Available UPDATES are offered free of charge (this does not include any costs for your internet connection and/or the transfer itself and/or any other costs in relation to obtain UPDATES) by Brett Alistair Kromkamp which can be downloaded on the Google Android™ Market.
Termination
The license granted to you is valid until termination. You may terminate it at any time by returning the SOFTWARE (including any portions or copies thereof) to Brett Alistair Kromkamp. The license will also terminate automatically without any notice from Brett Alistair Kromkamp if you fail to comply with any term or condition of this agreement. You agree upon such termination to return the SOFTWARE (including any portions or copies thereof) to Brett Alistair Kromkamp. Upon termination, Brett Alistair Kromkamp may also enforce any rights provided by law. The terms and conditions of this agreement that protects the proprietary rights of Brett Alistair Kromkamp will continue in force after termination.
Disclaimer
BRETT ALISTAIR KROMKAMP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM.
THE SOFTWARE IS OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. BRETT ALISTAIR KROMKAMPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRETT ALISTAIR KROMKAMP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRETT ALISTAIR KROMKAMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
General
This agreement is binding you as well as your employees, employers, contractors and agents and any successors and assignees. This agreement is the entire agreement between us and supersedes any other understandings or agreements. If a single term or condition of this agreement is or will become invalid, all other terms and conditions of this agreement remain valid and untouched. For such a case, both parties commit themselves to replace the invalid term and/or condition with a valid term and/or condition which is almost equal to its legal, economic and technical meaning. Place of jurisdiction is Spain.
February 16, 2011
Brett Alistair KromkampCanales Altas, 3, Cruz de Tea
38616 Granadilla, Santa Cruz de Tenerife
Spain
