This EULA is a legal agreement between you (“You”) and Personal App Solutions and Personal App Security (“PAS”) and governs your use of the PAS application (“Application”) Software.
SOFTWARE LICENSE AGREEMENT
Subject to the terms and conditions of this EULA, PAS grants You a limited, non-exclusive, non-transferable and revocable license to use the Application on any mobile device owned or controlled by You.
You agree that You are solely responsible for (and that PAS has no responsibility to You or to any third party for) your use of the Application, any breach of your obligations under the Software License Agreement, and for the consequences (including any loss or damage which PAS may suffer) of any such breach.
You may not reverse engineer, decompile or disassemble the Application, or engage in any other activities to obtain underlying information (including but not limited to Intellectual Property) that is not visible to the user in connection with normal use of the Software.
You may not modify, rent, lease, loan, sell, distribute, or create derivative works based upon this Application.
You may not use the Application in any manner that could damage, disable, overburden, impair or otherwise disturb (including but not limited to) public or private networks, servers, displays, performances or modification of communications which can connect with the Application.
You may not use the Software to engage in or allow others to engage in any illegal activity where the Application is accessed and used.
3.0 UPDATES AND SUPPORT
PAS may provide maintenance, upgrades, updates and support for the Application, and these actions and products will be subject to this Agreement.
The license may be terminated by either party at any time and without notice.
5.0 NO WARRANTY
YOU AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK, AND THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PAS, ITS SUPPLIERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE APPLICATION OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES. PAS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION OR SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. PAS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION OR SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICE WILL BE CORRECTED.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
6.0 LIMITATION OF LIABILITY
YOU SPECIFICALLY AGREE THAT PAS, ITS SUPPLIERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR IN ANY WAY RELATING TO THE SOFTWARE. YOU AGREE THAT THE AGGREGATE LIABILITY OF PAS, ITS SUPPLIERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE APPLICATION IS LIMITED TO THE PURCHASE PRICE OF THE APPLICATION.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
7.0 COPYRIGHT AND INTELLECTUAL PROPERTY
This software (including, but not limited to, any images, libraries, or binaries incorporated into the Application) is protected by Copyright and Intellectual Property Laws along with international Copyright and Intellectual Propertiy Laws and treaties.
PAS reserves the right to modify or amend this Agreement at any time and for any reason, or for no reason at all, in their sole discretion, without notice. The most current copy of this Agreement can be found at http://www.personalappsolutions.com/eula/.
If any provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, and all other provisions of this Agreement shall remain in full force and effect.
As to Intellectual Property rights and Copyrights, You specifically agree that PAS may file an action in any court of competent jurisdiction to protect or enforce its rights.
You agree that any claim or cause of action related to this EULA or the use of the Application must be filed within one (1) year after the cause of action arose or be forever barred.
You may not assign or transfer any of your rights or obligations under this EULA to a third party without the prior written consent of PAS.
9.0 U.S. GOVERNMENT RESTRICTED RIGHTS
This Application, related materials and documentation have been developed entirely with private funds. If the user of the Application is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Application, including technical data or manuals, is restricted by the terms, conditions and covenants contained in this Software Agreement License. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, use of the Application is further restricted by this Software Agreement License.
10.0 EXPORT RESTRICTIONS
The Application may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
Personal App Solutions / Personal App Security (PAS)
Copyright (c) 2013 PAS
Last update 2015.06.10