Posto End-User License Agreement
Last Updated: Dec 2016
PLEASE READ THIS END-USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE CLICKING THE “I AGREE” BUTTON, DOWNLOADING OR USING POSTO (“APPLICATION”). BY CLICKING THE “I AGREE” BUTTON, DOWNLOADING OR USING THE APPLICATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “I AGREE” BUTTON AND DO NOT DOWNLOAD OR USE THE APPLICATION.
1. License Grant and Restrictions on Use.
1.1 License Grant. Osuronglab (“Developer”) grants you a limited, non-exclusive, non-transferable, revocable license to use the Posto App for your personal, non-commercial purposes. You may only use the Posto App on Android devices that you own or control and as permitted by the Play Store Terms of Service.
1.2 Restrictions on Use. You shall use the Application strictly in accordance with the terms of the Agreement and shall not: (a) decompile, reverse-engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Developer or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one Mobile Device at a time or on any other mobile device or computer; (g) distribute the Application to multiple Mobile Devices; (h) make the Application available over a network or other environment permitting access or use by Multiple Devices or users at the same time: (I) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Developer; (j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (k) use any proprietary information or interface of Developer or other intellectual property of Developer in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for the use with the Application.
2. Intellectual Property Rights.
2.1 Rights to Application. You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Developer. Furthermore, You acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, and structure and organization of the affiliates, licensors and suppliers. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Developer.
2.2 Third Party Software. The Application may utilize or include third party software that is subject to open-source and third party license terms (“Third Party Software”). You acknowledge and agree that Your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open-source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open-source or third party licenses, the terms of the open-source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no even, shall the Application or components thereof be deemed to be “open-source” or “publicly available” software.
2.3 Developer’s Marks. You are not authorized to use the Developer trademarks in any advertising, publicity or in any other commercial manner without prior written consent of Developer, which may be withheld for any or no reason.
2.4 Infringement Acknowledgement. You and Developer acknowledge and agree that, in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party’s intellectual property rights, You (and not Developer) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Developer in writing of such a claim.
3. Use of Information.
3.1 Consent to Use Information. You hereby authorize and consent to the collection, storage and use, by Developer and its affiliates, partners and agents, of any information and data related to or derived from Your use of the Application, and any information or data that You provide to Developer and its affiliates, partners and licensors (“Information”). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, patterns, data and suggestions based on user actions. Notwithstanding the foregoing, You shall not provide or disclose and the Information shall not include any information or data that is personally identifiable to You. The Information will be treated as being non-confidential information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to other without. Restriction. We will also be free to use any ides, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.
4. Third Party Content and Services.
4.1 General. You acknowledge that the Application permits access to products, services, web-sites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third Party Content and Services”).
4.2 Disclaimer. You acknowledge that Developer does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available through the Application). Furthermore, Your access to and use of the third Party Content and Services is at Your sole discretion and risk, and Developer and its affiliates, partners, suppliers and licensors shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. Developer hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.
4.3 Endorsement. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by Developer or its affiliates of such Third Party Content and Services. Developer reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although Developer has no obligation to restrict or deny access even if requested by You.
5. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. COMPANY AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY AND INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THRID PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR FORM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPANY WHAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Compatibility. Developer does not warrant that the Application will be compatible or interoperable with Your Mobile Device or any other piece of hardware, software, equipment or devices installed on or used in connection with Your Mobile Devices. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of Your Mobile Device to diminish or fail completely, and may result in permanent damage to Your Mobile Device, loss of the data located on Your Mobile Devices, and corruption of the software and files located on Your Mobile Device. You acknowledge and agree that Developer and its affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
8. Product Claims. You acknowledge that You (not Developer) are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify Developer of any third party claims relating to the Application of which You become aware. Furthermore, You hereby release Developer from any liability resulting from Your use or possession of the Application, including, without limitation, the forllowing: (I) any product liability claims; (ii) any claim that the Application failes to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
9. Miscellaneous.
9.1 Term. This License shall be effective until terminated.
9.2 Termination. Developer may, in its sole and absolute discretion, at any time and for any or not reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Developer. Upon the termination of this License, You shall cease all use of the Application and uninstall the Application.
9.3 Modification or Amendment. Developer may modify or amend the terms of this License by posting a copy of the modified or amended License on the Developer Application EULA website. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Application following the date in which the modified or amended License is posted on the Developer Application EULA website.