EASYSURE, THE PARTIES FURTHER AGREE AS FOLLOWS:
3. Limited Use License. This license granted to you for the Licensed Application by EasySure is limited to a non-exclusive, non-transferable license to use the Licensed Application on any mobile device that you own or control. This license does not allow you to use the Licensed Application on any mobile device 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 EasySure. You may not modify or copy Licensed Application, use the Licensed Application for any commercial purpose or for any public display (commercial or non-commercial), remove any copyright or other proprietary notations from the Licensed Application; or transfer the Licensed Application to another person or “mirror” the Materials on any other server. If you breach this restriction, you may be subject to prosecution and damages. You may not use this Licensed Application in any anti-competitive manner, for any purpose which would be contrary to EasySure’s business interest or to EasySure’s actual or potential economic disadvantage in any aspect. All rights not specifically and expressly granted under this Agreement are reserved by EasySure. This Licensed Application is licensed, not sold. Your license confers no title or ownership in this Licensed Application and should not be construed as a sale of any rights in this Licensed Application. The terms of the license will govern any upgrades provided by EasySure that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
4. Ownership. All title, ownership rights, and intellectual property rights in and to this Licensed Application (including but not limited to any trademarks, titles, computer code, themes, objects, concepts, artwork, animation, sounds, audio-visual effects, methods of operation, moral rights, and any related documentation) are owned by EasySure or its third party affiliates. This Licensed Application is protected by the intellectual property laws of the United States, and other laws of the United States. This Licensed Application contains certain licensed materials, and EasySure’s licensors may also protect their rights in the event of any violation of this Agreement.
to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application.
6. Termination. The license is effective until terminated by you or EasySure. Your rights under this license will terminate automatically without notice from EasySure if you fail to comply with any term(s) of this license. The license may also be terminated by EasySure at any time for any reason. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, electronic or printed format, of the Licensed Application.
7. 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 EASYSURE 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. EASYSURE 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 EASYSURE 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.
8. Links. EASYSURE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE CONTENT OR MATERIALS ON ITS INTERNET SITE OR THE CONTENT OR MATERIALS ON ANY WEBSITES LINKED TO EASYSURE.ORG OR THE LICENSED APPLICATION. EASYSURE HAS NOT REVIEWED ALL THE SITES LINKED TO EASYSURE.ORG OR THE LICENSED APPLICATION AND IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH LINKED SITE. THE INCLUSION OF ANY LINK DOES
NOT IMPLY ENDORSEMENT BY EASYSURE OF THE SITE. USE OF ANY SUCH LINKED WEBSITE IS AT THE USER’S OWN RISK.
9. Revisions and Error. THE CONTENT AND MATERIALS APPEARING ON THE SITE AND LICENSED APPLICATION MAY INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. EASYSURE DOES NOT WARRANT THAT ANY OF THE MATERIALS ON ITS WEBSITE ARE ACCURATE, COMPLETE, OR CURRENT. EASYSURE MAY MAKE CHANGES TO THE MATERIALS CONTAINED ON ITS SITE AT ANYTIME WITHOUT NOTICE. EASYSURE DOES NOT, HOWEVER, MAKE ANY COMMITMENT TO UPDATE THE CONTENT OR MATERIALS.
10. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EASYSURE 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 EASYSURE 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 EASYSURE’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 one dollar ($1.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
11. Third Party Beneficiary: You and EasySure acknowledge and agree that third party distributors of the Licensed Applications, including but not limited to Google and Android, are third party beneficiaries of the Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, such third party distributors will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
12. Injunctive Relief. Because EasySure would be irreparably damaged if the terms of this Agreement were not specifically enforced, You agree that EasySure will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to any and all other remedies which EasySure may have under applicable laws.
13. Indemnity. You agree to indemnify, defend, and hold EasySure, its partners, affiliates, contractors, officers, directors, employees, and agents harmless from all damages, losses, and expenses arising directly or indirectly from your acts and omissions to act in using the Licensed
Application pursuant to the terms of this Agreement.
14. General Terms. (a) This Agreement represents the complete agreement concerning access to the Site, and the license of this Licensed Application between You and EasySure and supersedes all prior or contemporaneous agreements and representations regarding the same subject matter. (b) This Agreement may be amended only by EasySure. EasySure may revise these Terms at any time without notice. By using this Site or the Licensed Application, you are agreeing to be bound by the then current version of these Terms. (c) If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement will not be affected. (d) Any dispute arising with respect to these Terms, its making or validity, its interpretation, or its breach shall be settled by arbitration in the state of Minnesota, by a single arbitrator mutually agreed to by the disputing parties pursuant to the then obtaining rules of the American Arbitration Association, but without any requirement that the parties utilize the arbitration services of the American Arbitration Association. Such arbitration shall be the sole and exclusive remedy for such disputes except as otherwise provided by these Terms. Any award rendered shall be final and conclusive upon the parties, and a judgment may be entered in any court having jurisdiction. Any failure on the part of EasySure to enforce any provision of these Terms will not be considered a waiver of its right to enforce such provision. (e) If any action in law or equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, including costs and expenses, and to any other relief to which such prevailing party may be entitled.
15. Contact. Any questions, complaints or claims with respect to the Licensed Application should be directed to: [email protected]
These Terms were last updated on April 2nd