CryptoDashboard™ MOBILE END USER LICENSE AGREEMENT
This End User License Agreement constitutes a valid and binding agreement (“Agreement”) between you (“Licensee”) and Virtual Project Manager, Inc. (“Licensor”) for the use of the CryptoDashboard™ Mobile Application (“Application”) provided to Licensee by Licensor. The Application is designed for use in both standalone mode and as well as in conjunction with Twitter®. By installing the Application, Licensee agrees to be bound by the terms of this Agreement as well as the legal documents found on Licensor’s website, CryptoDashboard.com (“Website”). Licensee hereby waives any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
Licensee understands and agrees that this Agreement grants Licensee full rights to use the Application.
1) LICENSE GRANTED: Licensor grants Licensee a non-exclusive, non-transferable, non-sub-licensable, fully revocable, limited use license to install and use this Application solely and exclusively for Licensee’s personal use. Licensor reserves any right not expressly granted to the Licensee. In return for this grant, Licensee agrees that Licensee is solely responsible for Licensee’s use of the Application, any breach of Licensee’s obligations under this EULA, and for the consequences of any such breach. Licensee understands that any updates and upgrades to the Application are also subject to this EULA.
2) LIMITATIONS ON USE: Licensee, including any third party acting on Licensee’s behalf, is restricted from any actions not explicitly granted by this Agreement, including, but not limited to, the following actions:
- Any image and/or information that Licensee uploads through the Application shall not infringe upon any rights of third parties.
- Licensee shall not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Application or any part of it.
- Licensee shall not undertake, cause, permit or authorize the translation, reverse engineering, de-compiling, disassembling or hacking of the Application or any part of it.
- Licensee shall not attempt to redirect the Application to any other website or web service.
- Licensee shall not attempt to create any competing product for the Application.
- Licensee shall not use the Application to violate any international intellectual property laws.
- Licensee shall not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application).
- Licensee shall not use the Application in any manner that could interfere with another party’s use and enjoyment of the Application (or servers or networks connected to the Application).
3) MOBILE DATA CHARGES: The Application uses messaging functionality that incorporates SMS, email, and other communications. Your use of the Application may result in mobile data charges for which you are responsible to pay your carrier.
4) IN-APPLICATION CHARGES: The Application offers features which require payment for their use. These charges are paid for using various in-application billing techniques, including billing your Google Play or Apple Store accounts or billing you through your mobile phone carrier.
5) CHANGES TO APPLICATION: Licensor, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Application. Licensee understands and agrees that Licensor has no obligation to make available to Licensee any subsequent versions of the Application, unless otherwise agreed. Licensee also agrees that Licensee may have to enter into a renewed version of this Agreement, in the event Licensee wants to install or use a new version of the Application. Furthermore, Licensee understands and agrees that Licensor is in no way liable for damages of any kind nor is Licensor obligated to assist Licensee in any way, should such changes cause loss of functionality, errors, or other such issues on Licensee’s mobile device.
6) INTELLECTUAL PROPERTY RIGHTS: Licensee acknowledges that the Application is the sole and exclusive property of Licensor and contains Intellectual Property Rights and constitutes proprietary and confidential information as protected by applicable intellectual property and other laws. “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. Licensee shall not take any action that interferes with or diminishes Licensor’s Intellectual Property Rights or the Intellectual Property Rights of third parties.
7) EXPORT RESTRICTIONS: The Application may be subject to export controls or restrictions for certain countries or territories. Licensee agrees to comply with all applicable international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
8) INDEMNITY: To the maximum extent permitted by law, Licensee agree to defend, indemnify and hold harmless Licensor, its affiliates and 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 Licensee’s downloading, installing, or use of the Application or Licensee’s violation of this Agreement.
9) DISCLAIMER OF WARRANTIES: THE APPLICATION IS PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER; LICENSOR DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE APPLICATION, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. LICENSOR FURTHER DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL ALWAYS WORK PROPERLY ON LICENSEE’S MOBILE DEVICE IN AN UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE MANNER. LICENSEE ASSUMES ALL RISKS ARISING OUT OF LICENSEE’S USE OF THE APPLICATION, TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSIONS AND LIMITATIONS AS SPECIFIED HERE AND TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO LICENSEE.
10) LIMITATION OF LIABILITY: LICENSEE UNDERSTANDS AND AGREES THAT LICENSOR AND ITS AFFILIATES WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM LICENSEE USE OF THE APPLICATION OR DERIVATIVE WORKS, AS SET FORTH BELOW. IN NO EVENT SHALL LICENSOR OR ITS AFFILIATES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, MOBILE DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSE WORK OR DERIVATIVE WORKS, EVEN IF LICENSOR OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE’S ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE APPLICATION IS LIMITED TO ITS REMOVAL FROM LICENSEE’S MOBILE DEVICE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSIONS AND LIMITATIONS AS SPECIFIED HERE AND TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO LICENSEE.
11) TERMINATION: This Agreement continues to apply until terminated by either Licensor or Licensee. Licensee may terminate this Agreement by the removal of the Application from Licensee’s mobile device in its entirety. Licensee’s rights under this Agreement automatically and immediately terminate without notice from Licensor should Licensee fail to comply with any provision of this Agreement.
12) GENERAL TERMS AND CONDITIONS: This Agreement, along with those legal documents found on the Website, constitutes the entire understanding between Licensee and Licensor relating to the Application and governs Licensee’s use of the Application, completely replacing any prior or contemporaneous agreements between Licensee and Licensor regarding the Application. The failure of Licensor to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision, which will still be available to Licensor. Should any provision of this Agreement be deemed invalid or unenforceable by a court of law, either in its entirety or in a particular application, the remainder of this Agreement still remains in full force and effect. Licensor is allowed to at its sole discretion assign this Agreement or any rights hereunder to any affiliate of Licensor, without giving prior notice to Licensee; Licensee may not assign its rights and duties under this Agreement. This Agreement shall be governed by the laws of the State of Illinois without regard to its conflict of laws provisions. Licensee consents to the exclusive jurisdiction of the courts of the State of Illinois to resolve any legal matter arising from this Agreement. Notwithstanding this, Licensee agrees that Licensor will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
BY USING THE APPLICATION, LICENSEE EXPRESSLY UNDERSTANDS THAT LICENSEE HAS READ THIS AGREEMENT; UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS CONTAINED WITHIN; AND EXPRESSLY CONSENTS TO BE BOUND BY IT.