Fig Dating
End User License Agreement (EULA)
Fig Dating Version 1 or later
Copyright (c) 2016 Think Mobily
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By receiving, opening the file package, and/or using The Software Version 1 or later ("Software" or “The Software”) containing this software, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Think Mobily, Inc. (“Think Mobily”) your use of The Software indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Think Mobily grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use The Software in accordance with this Agreement and any other written agreement with Think Mobily. Think Mobily does not transfer the title of The Software to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Think Mobily and the purchasers or users of The Software.
If you do not agree to be bound by this agreement, remove The Software from your mobile device now and, if applicable, promptly return to Think Mobily by mail any copies of The Software and related documentation and packaging in your possession.
2. DISTRIBUTION
The Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make up-to ten copies for archive purposes only. For information about redistribution of The Software contact Think Mobily.
3. USER AGREEMENT
3.1 Use
Your license to use The Software is limited to the number of copies downloaded by you via the App Store. You shall not allow others to use, copy or evaluate copies of The Software.
3.2 Use Restrictions
You shall use The Software in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of The Software together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of The Software may be used on one single device by one user. Use of The Software means that you have loaded, installed, or run The Software on a mobile device. If you install The Software onto a multi-user platform, server or network, each and every individual user of The Software must be licensed separately, downloading each copy from the App Store.
You may make up-to ten copies of The Software for backup purposes, providing you only have one copy installed on one mobile device being used by one person. Other users may not use your copy of The Software. The assignment, sublicense, networking, sale, or distribution of copies of The Software are strictly forbidden without the prior written consent of Think Mobily. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of The Software. If any person other than yourself uses The Software registered in your name, regardless of whether it is at the same time or different times, this agreement is being violated and you are responsible for that violation and that user’s actions. Think Mobily assumes you use a passcode to lock your device, and therefore, assumes you safeguard use of the application by way of safeguarding the use of any application on your mobile device via passcode.
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile The Software. Nor can you create any derivative works or other works that are based upon or derived from The Software in whole or in part.
Think Mobily's name, logo and graphics file that represents The Software shall not be used in any way to promote products developed with The Software. Think Mobily retains sole and exclusive ownership of all right, title and interest in and to The Software and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of The Software, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Think Mobily.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Think Mobily, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Think Mobily's Software.
In no event (including, without limitation, in the event of negligence) will Think Mobily, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, The Software or the use or inability to use The Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Think Mobily's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Think Mobily) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Think Mobily.
3.5 Warranties
Except as expressly stated in writing, Think Mobily makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose, although Think Mobily will make every reasonable effort to ensure The Software functions as advertised.
3.6 Governing Law
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.7 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of The Software and destroy all copies of The Software supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY The Software AS WELL.
5. CONSENT OF USE OF DATA
You agree that Think Mobily may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to The Software. Think Mobily may also use this information to provide notices to you which may be of use or interest to you.