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USER LICENSE APPLICATION AGREEMENT
Echo
Messaging Systems (ESMI) Is the Application Provider
198
Chapel Street
Lincoln,
Rhode Island 02865
The
Products transacted through the Service are licensed, not sold, to
You for use only under the terms of this license, unless a Product is
accompanied by a separate license agreement, in which case the terms
of that separate license agreement will govern, subject to Your prior
acceptance of that separate license agreement. The licensor
(“Application Provider”) reserves all rights not expressly
granted to You. The Product that is subject to this license is
referred to in this license as the “Licensed Application.”
a.
Scope of License: This license granted to You for the Licensed
Application by Application Provider is limited to a non-transferable
license to use the Licensed Application on any devices touch that You
own or control and as permitted by the Usage Rules set forth in
Section
9.b.
of the App Store Terms and Conditions (the “Usage Rules”). This
license does not allow You to use the Licensed Application on any
devices that You do not own or control, and You may not distribute or
make the Licensed Application available over a network where it could
be used by multiple devices at the same time. You may not rent,
lease, lend, sell, redistribute or sublicense the Licensed
Application. You may not copy (except as expressly permitted by this
license decompile, reverse engineer, disassemble, attempt to derive
the source code of, modify, or create derivative works of the
Licensed Application, any updates, or any part thereof (except as and
only to the extent any foregoing restriction is prohibited by
applicable law or to the extent as may be permitted by the licensing
terms governing use of any open sourced components included with the
Licensed Application). Any attempt to do so is a violation of the
rights of the Application Provider and its licensors. If You breach
this restriction, You may be subject to prosecution and damages. The
terms of the license will govern any upgrades provided by Application
Provider that replace and/or supplement the original Product, unless
such upgrade is accompanied by a separate license in which case the
terms of that license will govern.
b.
Consent to Use of Data: You agree that Application Provider may
collect and use technical data and related information, including but
not limited to technical information about Your device, system and
application software, and peripherals, that is gathered periodically
to facilitate the provision of software updates, product support and
other services to You (if any) related to the Licensed Application.
Application Provider may use this information, as long as it is in a
form that does not personally identify You, to improve its products
or to provide services or technologies to You.
c.
Termination. The license is effective until terminated by You or
Application Provider. Your rights under this license will terminate
automatically without notice from the Application Provider if You
fail to comply with any term(s) of this license. Upon termination of
the license, You shall cease all use of the Licensed Application, and
destroy all copies, full or partial, of the Licensed Application.
d.
Services; Third Party Materials. The Licensed Application may enable
access to Application Provider’s and third party services and web
sites (collectively and individually, "Services"). Use of
the Services may require Internet access and that You accept
additional terms of service.
Certain
Services may display, include or make available content, data,
information, applications or materials from third parties (“Third
Party Materials”) or provide links to certain third party web
sites. By using the Services, You acknowledge and agree that the
Application Provider is not responsible for examining or evaluating
the content, accuracy, completeness, timeliness, validity, copyright
compliance, legality, decency, quality or any other aspect of such
Third Party Materials or web sites. The Application Provider does not
warrant or endorse and does not assume and will not have any
liability or responsibility to You or any other person for any
third-party Services, Third Party Materials or web sites, or for any
other materials, products, or services of third parties. Third Party
Materials and links to other web sites are provided solely as a
convenience to You. Financial information displayed by any Services
is for general informational purposes only and is not intended to be
relied upon as investment advice. Before executing any securities
transaction based upon information obtained through the Services, You
should consult with a financial professional. Location data provided
by any Services is for basic navigational purposes only and is not
intended to be relied upon in situations where precise location
information is needed or where erroneous, inaccurate or incomplete
location data may lead to death, personal injury, property or
environmental damage. Neither the Application Provider, nor any of
its content providers, guarantees the availability, accuracy,
completeness, reliability, or timeliness of stock information or
location data displayed by any Services.
You
agree that any Services contain proprietary content, information and
material that is protected by applicable intellectual property and
other laws, including but not limited to copyright, and that You will
not use such proprietary content, information or materials in any way
whatsoever except for permitted use of the Services. No portion of
the Services may be reproduced in any form or by any means. You agree
not to modify, rent, lease, loan, sell, distribute, or create
derivative works based on the Services, in any manner, and You shall
not exploit the Services in any unauthorized way whatsoever,
including but not limited to, by trespass or burdening network
capacity. You further agree not to use the Services in any manner to
harass, abuse, stalk, threaten, defame or otherwise infringe or
violate the rights of any other party, and that the Application
Provider is not in any way responsible for any such use by You, nor
for any harassing, threatening, defamatory, offensive or illegal
messages or transmissions that You may receive as a result of using
any of the Services.
In
addition, third party Services and Third Party Materials that may be
accessed from, displayed on or linked to from devices are not
available in all languages or in all countries. The Application
Provider makes no representation that such Services and Materials are
appropriate or available for use in any particular location. To the
extent You choose to access such Services or Materials, You do so at
Your own initiative and are responsible for compliance with any
applicable laws, including but not limited to applicable local laws.
The Application Provider, and its licensors, reserve the right to
change, suspend, remove, or disable access to any Services at any
time without notice. In no event will the Application Provider be
liable for the removal of or disabling of access to any such
Services. The Application Provider may also impose limits on the use
of or access to certain Services, in any case and without notice or
liability.
e.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE
LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS
TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH
YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED
APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED
APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND
“AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND,
AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES,
EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF
ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS
CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED
APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE
LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE
CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY
APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS
OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY
TO YOU.
f.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO
EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR
ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL
DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY
TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE
THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF
APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY
FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES,
SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall
Application Provider’s total liability to you for all damages
(other than as may be required by applicable law in cases involving
personal injury) exceed the amount of fifty dollars ($50.00). The
foregoing limitations will apply even if the above stated remedy
fails of its essential purpose.
g.
You may not use or otherwise export or re-export the Licensed
Application except as authorized by United States law and the laws of
the jurisdiction in which the Licensed Application was obtained. In
particular, but without limitation, the Licensed Application may not
be exported or re-exported (a) into any U.S. embargoed countries or
(b) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Department of Commerce Denied
Person’s List or Entity List. By using the Licensed Application,
you represent and warrant that you are not located in any such
country or on any such list. You also agree that you will not use
these products for any purposes prohibited by United States law,
including, without limitation, the development, design, manufacture
or production of nuclear, missiles, or chemical or biological
weapons.
h.
The Licensed Application and related documentation are "Commercial
Items", as that term is defined at 48 C.F.R. §2.101, consisting
of "Commercial Computer Software" and "Commercial
Computer Software Documentation", as such terms are used in 48
C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent
with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4,
as applicable, the Commercial Computer Software and Commercial
Computer Software Documentation are being licensed to U.S. Government
end users (a) only as Commercial Items and (b) with only those rights
as are granted to all other end users pursuant to the terms and
conditions herein. Unpublished-rights reserved under the copyright
laws of the United States.
i.
The laws of the State of Rhode Island, excluding its conflicts of law
rules, govern this license and your use of the Licensed Application.
Your use of the Licensed Application may also be subject to other
local, state, national, or international laws.