Gift Finder - Terms Of Use
IMPORTANT - READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE. BY DOWNLOADING OR USING THIS SOFTWARE, WHETHER YOU OBTAINED THIS SOFTWARE ON YOUR OWN BEHALF OR ANOTHER INDIVIDUAL OR ENTITY OBTAINED IT FOR YOU, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SOFTWARE LICENSE AGREEMENT, YOU UNDERSTAND IT, AND YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU HAVE OBTAINED THIS SOFTWARE LICENSE ON BEHALF OF YOUR EMPLOYER, BY DOWNLOADING OR USING THIS SOFTWARE YOU ALSO REPRESENT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT, DO NOT DOWNLOAD OR USE THIS SOFTWARE AND PROMPTLY EXIT THIS PAGE.
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Definitions
In this Software License Agreement (the "Agreement"), the following definitions shall apply:
"We" means the developers of Gift Finder (the Software available by Download), owner of full rights on it.
"Software" means software, firmware, programs, screen savers, ringtones, sounds (and beta, trial or upgraded versions of the foregoing) and related data and services available for Download to Devices; the Software is offered by us and is to be used in accordance with our software license and use agreements.
"Carrier" means the wireless telecommunications or Internet service provider providing you telecommunications and/or internet services for the Device or in connection with its use.
"Device" means your electronic communication or computing device.
"Download" and variants thereof refer to the transmission of Software to you through the Internet, over-the-air or otherwise.
"Website" means gift-finder.fr, and any proprietary website of us.
"You or you" mean the individual or organization who downloads or uses the Software and/or who intends to purchase a license or licenses to the Software (as defined herein); -
Limited Term and Use
You may not use the Software beyond its intended scope. You may install and use only one copy of the Software on your mobile device or computer. You may not modify or alter the Software for any reason, including but not limited to modifications to increase the scope of its use or otherwise. Further, you may not use any device, process or computer program that increases, directly or indirectly, the scope of use of the Software. -
Title to Software
You acknowledge that the Software, all enhancements, corrections and modifications to the Software (regardless whether made by us, you or anyone else), all copyrights, patents, trade secrets, trademarks or other intellectual property rights protecting or pertaining to any aspect of the Software (or any enhancements, corrections or modifications) and the Documentation, are and shall remain the sole and exclusive property of ourselves. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein. -
Purchase
We reserve the right to limit quantities of Software licenses purchased. Software licenses may be purchased only for the personal use of the individuals Downloading them or the internal business use of the organizations represented by such individuals. In no event may any Software be purchased for resale. -
Restrictions
You have no right to use, make, sublicense, modify, transfer, rent, lease, sell, display, distribute or copy originals or copies of any Software or Documentation, or to permit anyone else to do so. You may not transmit the Software over any network or between any devices. You may transfer the Software to another cellular telephone or computing device you own (e.g. a new Device) provided that you only use the Software on one cellular telephone or computing device at a time. You may not assign or transfer your rights under this Agreement or your rights to the Software without the prior written consent of ourselves. Upon any such transfer or assignment, you must transfer all copies of the Software and Documentation and assignee must provide its written agreement to all the terms of this Agreement to us. -
Proprietary Rights
You shall not remove any patent, copyright or trademark or other intellectual property notices that may appear on any part of the Software or the Documentation. You acknowledge that the Software, in its source code form, contains valuable trade secrets belonging to us. You may not reverse engineer, unencrypt, decompile, disassemble or otherwise translate the Software or allow anyone else to do so. You authorize us or its designee to audit your compliance with this Agreement, as we deem reasonable. You acknowledge that money damages may not be an adequate remedy for any breach or violation of any requirement set forth in this Agreement and that any such breach or violation may leave us without an adequate remedy at law. You therefore agree that, in addition to any other remedies available at law, in equity or under this Agreement, we shall be entitled to obtain temporary, preliminary and permanent injunctive relief, without bond, from a court of competent jurisdiction to restrain any such breach or violation. -
Maintenance and Support; Updates
You are not entitled to any maintenance or support for the Software or any upgrades or enhancements of such Software under this Agreement. However, any and all upgrades and enhancements made available to you shall become part of the Software and become subject to this Agreement. -
Use of Information
Information provided by you in connection with your use of the Software will be used as necessary to complete your purchase. In addition, by Downloading the Software, you agree to receive communications via email from us regarding changes to and upgrades and/or new versions of the Software and promotions relating to the Software. The terms of our Privacy Policy as available on our Website shall govern all use of your personal information by us. Should you have any questions regarding the use of your personal information, you may send an email to the following e-mail address: contact@gift-finder.fr. -
Indemnifications
You shall indemnify, defend and hold harmless ourselves, Carriers, and their respective directors, officers, employees and agents from and against any and all loss, cost, liability or expense (including, but not limited to reasonable attorney's fees and expenses) arising out of or relating to (i) the Download, purchase, and/or use of any Software; (ii) any inaccurate, incomplete, or invalid information you provide to us, and/or Carriers, and/or (iii) any breach by you of this Agreement. -
Governmental Authorizations; Third Party Charges
You are solely responsible for obtaining any authorizations applicable to your Download, purchase, and use of the Software which may be required by any federal, state, or local government agency of the United States or other jurisdiction of purchase. You, and not us, are responsible for any and all wireless access, messaging, and/or Carrier charges, including without limitation any relating to Downloads or automatic updating of the Software. -
EXCLUSION; LIMITATION OF LIABILITY
IN NO EVENT WILL WE AND OR THE CARRIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF SUCH CLAIMS INCLUDE ALLEGATIONS OF THE NEGLIGENCE OF OURSELVES AND/OR THE CARRIERS, AND/OR EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF FIFTY AND NO/100 DOLLARS ($50.00). BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO ACTION MAY BE BROUGHT FOR ANY BREACH OF THIS AGREEMENT OR RELATING TO THE SOFTWARE MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. -
EXPORT COMPLIANCE
THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND/OR DOCUMENTATION WITHOUT OUR CONSENT AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS. YOU AGREE TO COMPLY WITH ALL EXPORT LAWS, REGULATION OR REQUIRMENT WHICH MAY APPLY TO YOUR DOWNLOAD AND/OR USE OF THE SOFTWARE. -
Termination
You may terminate this Agreement at any time by destroying or returning to us all copies of the Software and Documentation in your possession or under your control. We may terminate this Agreement if the we find that you have violated any of the terms of this Agreement. Upon termination of this Agreement, you will immediately discontinue use of the Software, destroy or return to us all copies of the Software and Documentation (in whatever form they exist), and certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Agreement.
