Scope of License. You agree to this license by downloading, installing, or using the Licensed Application. Upon payment of the applicable fees, if any, Application Provider grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Licensed Application for your personal, non-business use on a personal computer, tablet, or mobile device, including but not limited to an iPad, iPod Touch, iPhone, Android OS device, Windows Phone 8 device or any other personal electronics device (each a “Device”) that You own or control and in compliance with this license and any applicable Marketplace Terms. You consent to receive communications, disclosures, and notices sent to you by e-mail from Application Provider from time to time and subject to the opt-out provisions of the Other Terms. Any applicable Marketplace is a third party beneficiary of this license and the Marketplace or its parent or subsidiaries may enforce this license, up to and including removal of the Licensed Application from the Marketplace and any Device for any violation of this license or the Marketplace Terms. You may reinstall the Licensed Application on Device(s) that you own and control as permitted by Marketplace Terms.
Restrictions on Use. This license does not allow You to use the Licensed Application on any Device(s) 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 or the applicable Marketplace Terms), 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 required by the licensing terms governing use of any open sourced components included in 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 Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Payments; Taxes. You agree to complete all payments which you authorize by downloading or your usage of the Licensed Application and understand that no refunds will be provided to you except as specifically required by the Marketplace Terms or Other Terms. You agree to pay all sales taxes, use taxes, value added taxes, duties, or any other tax imposed by any jurisdiction as a result of this license, or your use of the Licensed Application or Services, or any other payments pursuant to this license. Upon termination of this license, you will remain obligated to pay for any Services of the Licensed Application provided prior to the date of termination.
Consent to Use of Data. You agree that Application Provider may collect, retain and disclose information and data collected from you in accordance with the Other Terms. You hereby consent, as a condition of your use of the Licensed Application or Services, to the collection, use, processing and transfer of personal data as described in this license and the Other Terms. You understand that Application Provider will collect and retain personal or non-public information about you, including, without limitation, your name, address, telephone number, email address, social media information or profile, geolocation data, company affiliation, credit card account information, and amount and types of purchases, and technical data, including but not limited to technical information about Your Device, system and application software, and peripherals (collectively the “Data”) for the purpose of providing you with the Licensed Application and Services. You further acknowledge and agree that the Application Provider may provide Data to its affiliates, suppliers, vendors and/or their agents and employees, and that such parties may transfer Data amongst themselves, as necessary for the provision of the Licensed Application or Services to you. While the Application Provider will use commercially reasonable efforts to safeguard your Data that is transmitted while using the Licensed Application and Services, Application Provider does not warrant that the Data will be transported without unauthorized interception or modification or that the Data will not be accessed or otherwise compromised by unauthorized third parties. For purposes of clarification, you acknowledge and agree that the Application Provider may transfer your Data: (a) to third parties assisting the Application Provider in providing the Licensed Application and Services as well as under circumstances described in the Other Terms; (b) with third parties that, as further described in the Other Terms, provide support, marketing or advertising services to or on behalf of the Application Provider or (c) as otherwise permitted or required by law from time to time.
Responsibility for User Name and Password. You acknowledge and agree that you will be responsible for each and every access or use of the Licensed Application or Services with your user name and password, and that the Application Provider is authorized to accept your user name and password as conclusive evidence that you wish to use the Licensed Application and Services, including, without limitation, any payments or information that you request or provide via the Licensed Application or Services pursuant to this license. Application Provider shall have no liability or responsibility to monitor the use of your user name and password.
User Generated Content. You grant Application Provider and Application Provider’s affiliates and related entities, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from any information which You provide to Application Provider through the Licensed Application or Services (“User Generated Content”), in any form, format, or medium, of any kind now known or later developed. You waive any moral rights you might have with respect to any User Generated Content you provide to us. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you and shall survive termination of this license.
You acknowledge that Application Provider may or may not pre-screen User Generated Content, and Application Provider has the right (but not the obligation), in Application Provider’s sole discretion, to move, remove, block, edit, or refuse any User Generated Content for any reason, including without limitation, that such User Generated Content violate the Other Terms or is otherwise objectionable. Application Provider does not promise the accuracy, integrity, or quality of the User Generated Content and do not endorse it in any manner. All User Generated Content provided on or via the Licensed Application or Services is the sole responsibility of the person who provided it.
Termination. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically by: (a) written notice from Application Provider; or (b) without notice from the Application Provider if You fail to comply with any term(s) of this license. You may terminate this license by removing and destroying all copies of the Licensed Application from your Device(s) and terminating your user account. 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.
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/or acceptance of additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
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. 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, environmental or any other 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.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on, or linked to from the Device(s) 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.
Intellectual Property Rights. You agree that the Licensed Application and the Services, and every component thereof, contain proprietary content, information and material that is owned by Application Provider and/or its licensors and protected by applicable intellectual property and other laws, including but not limited to copyright. You agree not to use such proprietary content, information or materials in any way whatsoever except for permitted use of the License Application and Services as set forth herein. No portion of the Licensed Application or 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 Licensed Application or Services, in any manner, and You shall not exploit the Licensed Application or Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Licensed Application or 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 the Licensed Application or any of the Services.
NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION AND SERVICES 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 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.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED 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 OR SERVICES, 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 price paid for the Licensed Application or Services, as applicable, or if no prices is paid, an amount of twenty-five dollars ($25.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Indemnification. You hereby agree to indemnify, defend and hold harmless Application Provider, its directors, shareholders, officers, employees, agents and affiliates from and against any and all causes of action, claims, costs, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees, arising from or as a result of (a) your breach of a representation or warranty in this license, (b) your breach of any covenant or obligation in this license, and (c) your use of the Licensed Application or Services in general, whether or not such use is authorized by this license, including, without limitation, any claims made by other users of the Licensed Application or the Marketplace through which you acquired the Licensed Application and any other claims made by third parties, due to your use of the Licensed Application or Services. Your indemnification obligations under this paragraph will survive termination of this license for any reason.
Domestic Use; Language. Application Provider makes no representations that any part of Licensed Application or any Services are appropriate or available for use in locations other than the United States or in languages other than English. Those who choose to access the Licensed Application from locations outside of the United States do so on their own initiative and are solely responsible for compliance with any and all applicable local laws.
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 the Licensed Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, or chemical or biological weapons.
Commercial Items. 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 are reserved under the copyright laws of the United States.
Governing Law; Jurisdiction. The laws of the State of Missouri, 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. You irrevocably submit, consent, and agree to the exclusive venue, jurisdiction, and personal jurisdiction of any Federal or State court located in Jackson County, Missouri for the purpose of any claim brought under this license or your use of the Licensed Application or Services against Application Provider. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this license and shall not be used in any manner with respect to the interpretation or enforcement of this license.
Amendments. This license may be amended by Application Provider at any time and such changes shall be immediately effective upon posting the same in a Marketplace or Application Provider’s website (http://www.gocomics.com). If you do not agree to any amendment, your sole remedy is to terminate this license by providing notice to Application Provider. If you do not terminate this license and continue to use the Licensed Application or Services, then your silence will be deemed an acceptance of the amendments.
Survival of Terms. All payment obligations, disclaimers of warranties, limitations of liability, indemnification obligations, governing law and dispute resolution provisions, or any other provisions which by their nature would be deemed to survive, shall survive termination of this license for any reason.
Assignment; Sublicensing. You may not assign, sublicense, lease or otherwise transfer any part of the Licensed Application or Services to, or permit their use by, any other person without Application Provider’s prior written consent, in each instance. Application Provider may assign this license without your consent to any other party so long as such party agrees to be bound by its provisions.
Waiver. Application Provider’s waiver of any condition or covenant of this license, or its failure to exercise a right or remedy available to it, shall not constitute a further waiver of the same or any other condition, covenant, right or remedy.
Severability. If any provision of this license is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not effect any other provision hereof and such other provisions shall be interpreted and construed as if the invalid, illegal or unenforceable provisions had never been contained herein.
Attorney’s Fees. In addition to any other right or remedy provided to Application Provider in this license, if Application Provider prevails against you, in whole or in part, in any action to enforce the provisions of this license, whether for injunctive relief or damages or both, then in addition to all other damages or relief, Application Provider shall also be entitled to recover from you the costs and expenses incurred in the successful pursuit of such action or portion thereof, including reasonable attorneys’ fees.