This End-User License Agreement (“EULA”) is a legal agreement between you (“Licensee”), either a single end-user or a single entity, and we (“Licensor” – Applied Recognition, Inc.). By installing this computer software, mobile app, or signing up for our Cloud service, hereafter referred to as Fotobounce, you are indicating your acceptance of all the terms and conditions of this EULA. If you do not agree to any of the terms or conditions of this EULA, do not install or use Fotobounce.
PAID LICENSE – FOTOBOUNCE DESKTOP.
This Clause applies if you have purchased Fotobounce Desktop from an authorized source. The licensed version does not display advertising messages. It may also contain certain features not available on free versions of Fotobounce Desktop.
PAID LICENSE – FOTOBOUNCE MOBILE.
This Clause applies if you have purchased Fotobounce Mobile from a public app store such as Google Play or iTunes. This version may contain certain features not available on free versions of Fotobounce Mobile.
PAID SUBSCRIPTION – FOTOBOUNCE CLOUD.
This Clause applies if you have purchased a subscription for Fotobounce Cloud from an authorized source. This version may contain certain features not available on free versions of Fotobounce Cloud.
FREE OR TRIAL LICENSE.
This Clause applies if you are using a free or trial version of Fotobounce. Fotobounce is provided to you either directly or indirectly for no charge but usually has limited features. We require a valid email address to enable any free or trial version of Fotobounce.
GRANT OF LICENSE.
Licensor grants you a limited, non-transferable, non-exclusive license to use the Software for personal use. The Software is licensed, not sold. All rights not explicitly granted under this EULA are hereby reserved.
OTHER RIGHTS AND LIMITATIONS.
You may make a single copy of the Software for backup or archival purposes only. You will not, nor allow any third party to copy, distribute, sell, lend, rent, transfer, convey, modify, decompile, disassemble or reverse engineer the Software. You may terminate this EULA at any time, or Licensor may terminate this EULA if you breach any of the terms or conditions of this EULA. In either situation, you must destroy all copies of the Software. You may not modify any Software executable files or databases. You can’t use the Software for any illegal purposes.
Licensor shall retain all right, title and interest to the Software including all patents, copyrights, trademarks, trade secret and other proprietary rights thereto. The Software is owned by Licensor and is protected by U.S. and Canadian copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
NO WARRANTY. The Software is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the Software remains with you.
The Software may contain advertisements that when clicked take you to Internet sites managed by third parties. By activating these links, you are no longer using the Software program. Licensor has no control over Internet sites owned by third parties. These sites are managed entirely by third parties and Licensor cannot make any declaration whatsoever concerning the quality or overall content thereof, nor regarding the quality of the products offered, or the security of performing transactions on the sites in question. The fact that third party sites are identified via advertisements displayed through the Software should not in any way be interpreted as an endorsement by Licensor. Licensor cannot be held liable for possible damages arising from the use of such third party sites. All complaints about third party sites should be addressed to the administrators of those sites.
COLLECTION OF PERSONAL DATA.
Licensor collects demographic information from you including gender, age and location data, for the sole purpose of selecting suitable advertising messages. This demographic information is not sold nor provided to any third parties under any circumstances. Licensor may also collect usage data on a periodic basis. This information is used to improve our products and services. Please see the privacy statement for more detail.
LIMITATION OF LIABILITY.
Licensor shall not be liable for any special, punitive, incidental, direct, indirect or consequential damages arising out of the use, or inability to use the Software. In any case, Licensor’s cumulative liability shall not exceed the amount paid by you for the Software.
Licensee acknowledge that the Software is subject to the laws and export regulations of the United States and Licensee to comply with all of such laws and regulations. Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. This Agreement may be amended only by a written agreement executed by Licensee and Licensor. The failure of Licensor to require performance of any provision hereof shall in no manner affect the right at a later time to enforce such provision. This Agreement shall be construed in accordance with the laws of the Province of Ontario, Canada.
If you have any questions or comments regarding this EULA, please email: info [at] fotobounce.com.
License Agreement Last Updated: June 2014