End User License Agreement ("EULA")
THIS END-USER LICENSE AGREEMENT ("EULA" OR "AGREEMENT") CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND JOM TECHNOLOGY LC ( “COMPANY”) REGARDING YOUR USE OF SYNCTIFIED SOFTWARE (“SOFTWARE”). THIS AGREEMENT CONTAINS DISCLAIMERS OF LIABILITIES AND WARRANTIES. YOUR DOWNLOAD AND/OR USE OF THE SOFTWARE CONFIRMS THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THE AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE.
1. Grant of License. Company grants You a non-exclusive, non-transferable license to use the Software on your device using the Android operating system provided by Google, Inc. You may not use the Software on any mobile phone or other computing device you do not own. You may not sublicense, sell, distribute or make the Software available over a computer network. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any updates to the Software. Any attempt to do so is a breach of this Agreement. The terms of this Agreement govern any upgrades to the Software, unless such upgrade is accompanied by a separate agreement.
2. No Support Obligation. This Agreement does not entitle You to receive and does not obligate Company to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software.
3. Disclaimer of Liability. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSS, COST OR DAMAGES. SUCH DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO THE FOLLOWING: (A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO ANY USE, FORESEEABLE OR NOT, OF THE SOFTWARE; AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY PERSONAL INJURY OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, LOSS OR CORRUPTION OF DATA OR FAILURE OR MALFUNCTION OF YOUR ANDROID DEVICE OR COMPUTER, SERVER, OR FILE STORAGE DEVICE USED IN CONJUCTION WITH THE SOFTWARE. COMPANY SHALL NOT BE LIABLE TO YOU EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. COMPANY SHALL NOT BE LIABLE TO YOU REGARDLESS OF THE THEORY OF LIABILITY WHETHER BASED IN CONTRACT, IN TORT, RESTITUTION OR OTHERWISE. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS TO CEASE USE OF THE SOFTWARE.
4. Disclaimer of Warranties. THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. COMPANY DOES NOT WARRANT THAT THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK.
5. Governing Law & Jurisdiction. The terms of this Agreement shall be governed by the laws of the State of Utah without regard to its conflict of law provision. You and Company agree to submit to the exclusive jurisdiction of the courts located within Salt Lake County, Utah to resolve any legal matter arising from this Agreement or interpretation of this Agreement. 6. Your Information. The Software may require transmission of information provided by You including data related to Your device (including its operating system and unique identifiers), Your e-mail address(es), and purchase information. The Software may also store Your usernames and passwords on your device as required to synchronize files Your computers. Company makes no warranty that a third party cannot access Your Information should a third party come into possession of Your device.
7. Indemnification. You agree to defend, indemnify, and hold harmless the Company from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from Your use or misuse of the Software, violation of this Agreement or violation of any rights of a third party. You also agree Company shall not be liable for any lost or corrupted data, lost profits, lost revenues or opportunities, downtime, or any consequential damages or costs, resulting from any use or misuse of the Software, claim or cause of action based on breach of warranty, breach of contract, negligence, or any other legal theory, even if Company knew or should have known of the possibility of such damages.
8. Termination. This Agreement is effective until terminated by You or Company. You may terminate this Agreement by ceasing to use the Software and deleting it from your device. This Agreement will terminate automatically without notice from Company if You fail to comply with any term(s) of this Agreement. Upon termination of the Agreement, You shall cease all use of the Software, and destroy all copies, full or partial, of the Software.
9. Amendments. Agreement may be amended from time to time by Company. The most recent version of this Agreement shall always be available on the Internet at www.synctified.com/eula.html and the most recent version shall supersede any and all other versions of this Agreement. Company reserves the right to change or modify this Agreement or any other Company's policies related to use of the Software at any time and at its sole discretion by posting revisions on the Internet at www.synctified.com/eula.html. Continued use of the Software following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
10. Contact Information. Should You wish to contact Company with any questions, complaints or claims with respect to the Software, you should visit Company's website at www.jomtechnology.com or email firstname.lastname@example.org.