END USER LICENSE AGREEMENT
Last updated August 21, 2020
AlertMeU is licensed to You (End-User) by AlertMeU Inc., (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Google Play or Apple App Store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Google and Apple are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance, and support thereof. AlertMeU Inc., not Google or Apple, is solely responsible for the licensed application and the content thereof.
All rights not expressly granted to You are reserved.
1. THE APPLICATION
AlertMeU (hereinafter: Application) is a piece of software created to Connect small businesses to their customers who are looking to purchase products or services that small businesses sell; and to connect buyers to small businesses, who are looking to sell products and services that buyers are interested in purchasing. - and customized for Google & Apple mobile devices. It is used to connect small businesses and their customers..
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on Android or iOS mobile devices, that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and relevant Google Play Store or the Apple App Store Terms of Service.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application unless a separate license is provided for such an update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (without AlertMeU Inc.'s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with AlertMeU Inc.'s prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of license.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. NO MAINTENANCE OR SUPPORT
4.1 AlertMeU Inc. is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.
4.2 AlertMeU Inc. and the End-User acknowledge that Google or Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: (PRIVACY POLICY).
6. LIABILITY
6.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
7. WARRANTY
7.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
7.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of AlertMeU Inc.'s sphere of influence that affect the executability of the Application.
7.3 You are required to inspect the Application immediately after installing it and notify AlertMeU Inc. about issues discovered without delay by contacting AlertMeU through its website (Contact Us). The defect report will be taken into consideration and further investigated if it has been mailed within a period of 180 days after discovery.
7.4 If we confirm that the Application is defective, AlertMeU Inc. reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
7.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
7.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
8. PRODUCT CLAIMS
AlertMeU Inc. and the End-User acknowledge that AlertMeU Inc., and not Google or Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
9. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
10. CONTACT INFORMATION
For general inquiries, complaints, questions, or claims concerning the licensed Application, please contact:
support@alertmeu.com
11. TERMINATION
The license is valid until terminated by AlertMeU Inc. or by You. Your rights under this license will terminate automatically and without notice from AlertMeU Inc. if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
AlertMeU Inc. represents and warrants that AlertMeU Inc. will comply with applicable third-party terms of agreement when using licensed Application.
13. INTELLECTUAL PROPERTY RIGHTS
AlertMeU Inc. and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, AlertMeU Inc., and not Google or Apple, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
14. APPLICABLE LAW
This license agreement is governed by the laws of the State of California excluding its conflicts of law rules.
15. MISCELLANEOUS
15.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
15.2 Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
