Mobile Application End User License Agreement
This Mobile Application End User License Agreement ("Agreement") is a binding agreement between
you ("End User" or
"you") and ALKMY Technologies, LLC ("Company"). This Agreement governs your
use of the ALKMY application Apple
iOS and Google Android platforms, (including all related documentation, the "Application"). The
Application is
licensed, not sold, to you.
BY INSTALLING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B)
REPRESENT THAT YOU ARE 13 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY
BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL,OR USE THE APPLICATION.
- License Grant. Subject to the terms of this Agreement, Company grants you a
limited,non-exclusive, and nontransferable license to download, install, and use the Application for your
personal,non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile
Device")strictly in accordance with the Application's documentation/
- License Restrictions. Licensee shall not:
- copy the Application, except as expressly permitted by this license;
- modify, translate, adapt, or otherwise create derivative works or improvements,whether or not
patentable, of the Application;
- reverse engineer, disassemble, de compile, decode, or otherwise attempt to derive or gain access to
the source code of the Application or any part thereof;
- remove, delete, alter, or obscure any trademarks or any copyright, trademark,patent, or other
intellectual property or proprietary rights notices from the Application, including any copy
thereof;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make
available the Application, or any features or functionality of the Application, to any third party
for any reason, including by making the Application available on a network where it is capable of
being accessed by more than one device at any time; or
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection,
rights management, or security features in or protecting the Application.
- Reservation of Rights. You acknowledge and agree that the Application is provided
under license, and not sold, to you. You do not acquire any ownership interest in the Application under
thisAgreement, or any other rights thereto other than to use the Application in accordance with the
license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company
reserves and shall retain its entire right, title, and interest in and to the Application, including all
copyrights,trademarks, and other intellectual property rights therein or relating thereto, except as
expressly granted to you in this Agreement.
- Collection and Use of Your Information. You acknowledge that when you download,install, or
use the Application, Company may use automatic means (including, for example, cookies and web beacons) to
collect information about your Mobile Device and about your use of the Application.
You also may be
required to provide certain information about yourself as a condition to downloading,installing, or using
the Application or certain of its features or functionality, and the Application may provide you with
opportunities to share information about yourself with others. All information we collect through or in
connection with this Application is subject to our Privacy Policy [AVAILABLE VIA LINK HERE]. By downloading,
installing, using, and providing information to or through this Application, you consent to all actions
taken
by us with respect to your information in compliance with the Privacy Policy.
- Updates. Company may from time to time in its sole discretion develop and
provideApplication updates, which may include upgrades, bug fixes, patches, other error corrections, and/or
new features (collectively, including related documentation, "Updates"). Updates may also
modify or delete in their entirety certain features and functionality. You agree that Company has no
obligation to provide
anyUpdates or to continue to provide or enable any particular features or functionality. Based on your
MobileDevice settings, when your Mobile Device is connected to the internet either:
- the Application will automatically download and install all available Updates; or
- you may receive notice of or be prompted to download and install availableUpdates.
You shall promptly download and install all Updates and acknowledge and agree that theApplication or
portions thereof may not properly operate should you fail to do so. You further agree that all Updates will
be deemed part of the Application and be subject to all terms and conditions of thisAgreement.
- Third-Party Materials. The Application may display, include, or make available third-party
content (including data, information, applications, and other products, services, and/or materials)
or provide links to third-party websites or services, including through third-party advertising
("Third-PartyMaterials"). You acknowledge and agree that Company is not responsible for
Third-Party
Materials,including their accuracy, completeness, timeliness, validity, copyright compliance, legality,
decency,quality, or any other aspect thereof. Company does not assume and will not have any liability
or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party
Materials and links thereto are provided solely as a convenience to you, and you access and use them
entirely
at your own risk and subject to such third parties' terms and conditions.
- Term and Termination.
- The term of Agreement commences when you install the Application and will continue in effect until
terminated by you or Company as set forth in this Section 7.
- You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile
Device.
- Company may terminate this Agreement at any time without notice. In addition,this Agreement will
terminate immediately and automatically without any notice if you violate any of the terms and
conditions of this Agreement.
- Upon termination:
- all rights granted to you under this Agreement will also terminate; and
- you must cease all use of the Application and delete all copies of theApplication from your
Mobile Device and account
- Termination will not limit any of Company's rights or remedies at law or inequity.
- Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE "AS IS"AND WITH ALL
FAULTS AND DEFECTS
WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN
BEHALF
AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY
DISCLAIMS ALL WARRANTIES,WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION,
INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR
TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES
NO
REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS,BE
COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT
INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS
CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED
WARRANTIES
OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS
AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL
COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY
LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND
SERVICES FOR:
- PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA,
LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL,
INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
- DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE
APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY AS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR
ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
- Export Regulation. The Application may be subject to US export control laws, including the
Export Control Reform Act and its associated regulations. You shall not, directly or indirectly,
export,re-export, or release the Application to, or make the Application accessible from, any jurisdiction
or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall
comply with all applicable federal laws, regulations, and rules, and complete all required undertakings
(including obtaining any necessary export license or other governmental approval), prior to exporting,
re-exporting,releasing, or otherwise making the Application available outside the US.
- Severability. If any provision of this Agreement is illegal or unenforceable
under applicable law, the
remainder of the provision will be amended to achieve as closely as possible the effect of the original term
and all other provisions of this Agreement will continue in full force and effect.
- Governing Law. This Agreement is governed by and construed in accordance with the internal
laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be
instituted exclusively in the federal courts of the United States or the courts of theState of North
Carolina in each case located in Charlotte and Mecklenburg County. You waive any and all objections to the
exercise of jurisdiction over you by such courts and to venue in such courts.
- Entire Agreement. This Agreement and our Privacy Policy constitute the entire
agreement between you and Company with respect to the Application and supersede all prior or
contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
- Waiver. No failure to exercise, and no delay in exercising, on the part of either party,
any right or any power here under shall operate as a waiver thereof, nor shall any single or partial exercise
of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event
of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement
shall govern.
- Amendments and Modifications. Company reserves the right to amend, modify, or revise this
Agreement at our discretion and at any time. You are responsible for periodically reviewing this Agreement to
check for any amendments, modifications, or revisions.