END-USER LICENSE AGREEMENT FOR THE INSTALLATION AND USE OF THE DUMPSTER RECYCLE BIN APPLICATION (“APPLICATION”)
PLEASE READ THE TERMS AND CONDITIONS SET FORTH IN THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE APPLICATION INSTALL; IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT USE THE APPLICATION AND UNINSTALL IT IMMEDIATELY:
Baloota Applications Ltd. End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or an entity) and Baloota Applications Ltd. (the “Company”) for the installation and use of the Application. By installing, or otherwise using the Application, you agree to be bound by the terms of this EULA.
1. GRANT OF NON-EXCLUSIVE LICENSE. The Application is licensed to you under the terms herein. It is agreed that the Application or any part thereof is not sold to you. You acknowledge that you have no rights in the Application except those expressly authorized by this Agreement.
A. The Company grants you a non-exclusive, non-transferable limited right and license to install and use the Application on your device solely and exclusively for your personal use.
B. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
C. You agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the terms of this EULA, and for the consequences (including any loss or damage which the Company may suffer) of any such breach.
D. You agree to comply with all applicable laws regarding the use of the Application.
2. CONSENT TO USE OF DATA. You agree that the Application shall collect and use data and related information located in your device, including but not limited to videos, texts, graphics, photos, sounds, music, content, audiovisual combinations, and other materials.
3. PROPRIETARY RIGHTS. You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) the Company 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 the Company’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
4. NO WARRANTIES.
A. 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. B. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. C. THE COMPANY 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.
THE COMPANY DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE APPLICATION. WE DO NOT WARRANT THAT THE APPLICATION WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVERS THAT MAKE THE COMPANY’S CONTENT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALTHOUGH THE APPLICATION IS INTENDED TO SAVE FILES THAT ARE DELETED FROM YOUR DEVICE, WE DO NOT WARRANT THAT ALL DATA WILL BE SAVED BY US AND THAT ALL DATA AND FILES WILL BE MAINTAINED FOR AN UNLIMITED PERIOD OF TIME; WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, PLEASE NOTE THAT IN DEVICES WITH INTERNAL EMULATED SDCARDS (E.G., FUSE BASED FILESYSTEMS ETC.), SOME OF THE DATA OR FILES DELETED BY YOU FROM INTERNAL STORAGE MAY NOT BE SAVED BY THE APPLICATION; FURTHERMORE, THE COMPANY MAY NOT BE ABLE TO MAINTAIN DATA OR FILES THAT WERE DELETED BY YOU FROM EXTERNAL PERIPHERAL DEVICES (E.G., EXTERNAL FLASH/HARD DRIVES ETC.) AND DATA OR FILES DELETED FROM OTHER APPLICATIONS’ PRIVATE STORAGE.
For any specific queries regarding restrictions of the Application’s ability to save files or data, please contact us at firstname.lastname@example.org.
5. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APPLICATION, INCLUDING ANY LOSS OF DATA OR FILES OR DAMAGE TO YOUR MOBILE DEVICE, WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. THE CUMULATIVE LIABILITY OF THE COMPANY AND/OR ANY OF ITS AFFILIATES FOR ALL CLAIMS RELATING TO THE APPLICATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE USE OF THE APPLICATION.
Without derogating from the foregoing, the Company shall have no liability with respect to the content of the Application or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information. Further, you agree that the Company is not responsible or liable for the content of any advertisements contained in the Application, as well as to any loss or damage associated with any third-party advertisers or sites you may choose to connect. If you find any content published through the Application questionable, please email us at email@example.com.
6. INDEMNITY. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Company, 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 downloading, installation, or use of the Application, or your violation of the terms set forth in this EULA.
7. CHANGES TO EULA. The Company reserves the right to make changes to this EULA from time to time, and any such changes will apply to the future, subject to your approval. You acknowledge and agree that your future refusal to accept changes in the EULA will resolve in the Termination of this EULA and your use of the Application.
8. SUPPORT SERVICES. The Company may provide you with support services related to the Application (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Application and subject to the terms of this EULA. For support please contact firstname.lastname@example.org.
9. TERMINATION. This EULA will continue to apply until terminated by either you or the Company as set forth below. You may terminate this EULA at any time by permanently deleting the Application from your mobile device. Without prejudice to any other rights, the Company may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must delete the Application in your possession.
(a) The terms of this EULA constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this EULA, and to abide by and comply with this EULA; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose; (d) The terms of this EULA shall be governed by the laws of the State of Israel, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Tel Aviv, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits a party’s ability to seek equitable relief.