LICENSOR: The SoundOfMotion Technologies Inc. (Doing Business As SoundOfMotion)
Notice to User:
This is a legal document between you (the "User") and The SoundOfMotion Technologies Inc. (DBA SoundOfMotion). It is important that you read this document before using Software (the "Software") downloaded from SoundOfMotion's websites or its affiliated websites and any accompanying documentation (the "Documentation"). By using the Software and taking such other actions as may be referenced in this License Agreement as constituting acceptance (if any), you agree to be bound by the terms of this agreement. If you do not agree, you are not licensed to use the Software, and you must refrain from any further use of the Software and accompanying Documentation.
This Software is made available by SoundOfMotion for use in connection to various SoundOfMotion products and services and to allow you to access compatible data and is protected by copyright. You acknowledge and understand that this Agreement does not give you any right of access to SoundOfMotion data. All access and use to SoundOfMotion services by means of the Software, including any charges for such access and use, shall be governed by the terms of the applicable user agreement ("The Agreement").
Software License
License Grant. SoundOfMotion grants the User the rights to use the software to run a single device. A "device" means a single unit with one CPU licensed to an entity representing a legally recognized business or an individual. Copying of any part of the Software or Documentation is prohibited except as a single backup copy for a purpose of restoring the Software or Documentation to the same device.
Price. User agrees to pay the fees for a single license of the Software either directly to SoundOfMotion or its official affiliates and partners. User is responsible to pay all local taxes if applied.
Mobile-specific information and privacy
Most of the personally identifying information we collect is what you tell us about yourself. For example, certain of our products and services allow you to interact and share personal information and data with others.
Sometimes, we record your phone number. We will associate your phone number with your Account, or, if you do not have an Account, with some other similar account ID. We often generate this account ID based on your device and hardware IDs, so if you change your device or hardware, you may have to re-associate this new device or hardware with your account before we can authenticate you.
Most of the other information we collect for mobile, such as your device and hardware IDs and device type, the request type, your carrier, your carrier user ID, the content of your request, and basic usage stats about your device and use of SoundOfMotion's products and services does not by itself identify you to SoundOfMotion, though it may be unique or consist of or contain information that you consider personal.
If you use location-enabled products and services, such as Maps for mobile, you may be sending us location information. This information may reveal your actual location, such as GPS data.
Certain of our products and services allow you to download and/or personalize the content you receive from us. For these products and services, we will record information about your downloads and preferences, along with any information you provide yourself. If the product or service requires you to log in with an Account information, this information will be associated with your Account.
Information sharing
All requests must be sent through your mobile carrier's network and your carrier may have access to it. For information regarding your carrier's treatment of your information, please consult your carrier's privacy policies.
We may share your information with certain third parties we use (e.g. Google, PayPal or Twitter) to perform certain functions, such as location sharing, billing or your messages. These third parties have heir own privacy policies.
Certain of our products and services allow you to interact and share your information with others. Please consider carefully before disclosing any personal information or data that might be accessible to others.
Other Restrictions. User may not loan, lease, share, distribute or transfer the Software or Documentation to third parties, nor reverse engineer or otherwise attempt to discern the source code of the Software. Further, the User may not reproduce all or any portion of the Software (except as expressly permitted in this Agreement) or the Documentation. User agrees to notify its employees and agents who may have access to the Software of the restrictions contained in this Agreement to ensure their compliance with these restrictions.
Title. Title to the Software is not transferred to User.
Limited Warranty
DISCLAIMER. Except as expressly stated in this Agreement, the Software and any Documentation are provided "as is" without warranty of any kind, express or implied, including, but not limited to, warranties of performance or merchantability or fitness for a particular purpose. The User bears all risk relating to quality and performance of the Software.
The performance of the Software varies with various manufacturers' equipment with which it is used. SoundOfMotion does not warrant the level of performance of the Software or that earlier versions superseded by new versions (whether or not distributed or made available to the User) will continue to be capable of access to and use with current versions of the Software. SoundOfMotion does not warrant that the Software or the functions contained in the Software will meet the User's requirements, operate without interruption or be error free.
Limitation of Liability. In no event will SoundOfMotion nor its affiliates and partners be liable for any lost profits or other damages, including direct, indirect, incidental, special, consequential or any other type of damages, arising out of this Agreement or the use of the Software licensed hereunder, even if SoundOfMotion has been advised of the possibility of such damages.
General Provisions
Terms and Termination. This Agreement and User's subscription to the Software may be terminated (i) by User giving SoundOfMotion written notice of termination, (ii) by SoundOfMotion if User commits a material breach of the Agreement, or (iii) upon termination of the User Agreement, if any. Upon any termination of this Agreement, user must cease all use of the Software, destroy all copies of any portion of the Software or accompanying Documentation in its possession, or control and take such other actions as SoundOfMotion may reasonably request to ensure that no portions of the Software remain in its possession or control.
Effect of Agreement. This Agreement embodies the entire understanding between the parties with respect to, and supersedes any prior understanding or agreement, oral or written, relating to, the Software.
Governing Law. This Agreement will be governed by and construed under the laws of the province of British Columbia, CANADA.
General Provisions. Neither this Agreement nor any portion hereof may be assigned, sublicensed or otherwise transferred by User. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of a party to enforce any provisions of this Agreement does not constitute and should not be construed as a wavier of such provision or of the right to enforce such provision.
Export Laws. The Software, the Software technology and its related Documentation may not be exported or re-exported in violation of the Canadian Export regulations.
User Agreement
I have read and understood the Terms Of Use and I accept and agree to them by checking appropriate box or button.
Agreement version: April 20, 2010