End User License Agreement (EULA)
Terms of Use
This is a legal agreement ("Agreement") between you and AppCarousel Inc. By using the AppCarousel services provided to you ("Services") or by accessing or installing one or more AppCarousel applications or AppCarousel licensed applications ("Application(s)") on your device or otherwise, you are agreeing to be bound by all of the terms set forth below. If you do not agree to the terms of this Agreement, do not install the Application(s) or otherwise use the AppCarousel Services.
Limited License
AppCarousel hereby grants to you a non-exclusive limited license to use the Services and/or to access or install the object code version of one or more Applications on one device. All rights no t expressly granted herein are reserved by AppCarousel. The term "Application" includes any software that is provided to you at the same time the Application is accessed or downloaded by you, or that is used in connection with the Application.
You agree that AppCarousel and its licensors retain all right, title and interest in and to the Services and the Applications and all copies of the Applications, including all copyrights therein. You agree to erase all Applications and other AppCarousel information from your wireless device upon receipt of a notice from AppCarousel requesting that you do so.
This Agreement shall terminate immediately, without notice, if you fail to comply with any material term of this Agreement. Upon termination, you agree to immediately erase any Applications from your device.
Agreement
If you have accessed or installed one or more Applications on your device or otherwise used the Services, your right to use the Services and/or to install and use the Applications as provided in the Agreement shall arise, and the Agreement shall be formed, at the location of the wireless device on which the Applications and/or Services are first used after you accept and agree to the terms of the Agreement by installing one or more of the Applications or otherwise using the Services. Delivery of the Applications and/or Services supplied hereunder shall be deemed to occur when the applicable webpage or download is accessed successfully at your device.
Liabilities
To the maximum extent permitted by applicable law, in no event shall AppCarousel or its licensors or any of its partners of the Services and/or the Applications be liable for any consequential, special, incidental or indirect damages of any kind arising out of the use of the Services or the Applications (including, but not limited to, lost data or lost profits), even if AppCarousel or any of its partners of the Services and/or the Applications have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, in no event will the liability of AppCarousel or any of its partners of the Services and/or the Applications for any claim, whether in contract, tort (including negligence) or any other theory of liability, exceed the fee paid by you for the Services or the applicable Application.
Disclaimer
The Services and any Application that you access or download to your device are licensed to you "as is". AppCarousel and its licensors and all its partners of the Services and/or the Applications disclaim any and all warranties regarding the Services and the Applications, whether express or implied, including without limitation, the implied warranties of non-infringement of third party rights, merchantability and fitness for a particular purpose. AppCarousel and its licensors and its partners of the Services and/or the Applications do not warrant that the operation of the Services or the Applications will be uninterrupted or error free.
Miscellaneous
The Applications are maintained and hosted by AppCarousel from its facilities located in Alberta, Canada or are maintained and hosted by a third party from their facilities. This Agreement shall be deemed entered into in Alberta and is governed by the laws of Alberta. If any provision hereof is held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this Agreement shall not be affected thereby. This Agreement constitutes the entire agreement between you and AppCarousel regarding its subject matter and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. No modification or alteration of this Agreement will be valid except in writing signed by you and AppCarousel. All AppCarousel partners of the Services and/or the Applications shall be third-party beneficiaries of the agreement.
