TIS – OBJEKTNI INFORMACIJSKI SUSTAVI, d.o.o. OR ITS AUTHORISED DISTRIBUTORS LICENSING THE SOFTWARE (COLLECTIVELY, THE "APPLICATION PROVIDER") IS WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU PURCHASED THE SOFTWARE FROM AN APPROVED SOURCE AND THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT PLUS ANY ADDITIONAL LIMITATIONS ON THE LICENSE SET FORTH IN A SUPPLEMENTAL LICENSE AGREEMENT ACCOMPANYING THE PRODUCT, MADE AVAILABLE AT THE TIME OF YOUR ORDER, OR POSTED ON THE APPLICATION PROVIDER’S WEBSITE AT www.simplelauncher.com/docs/eula (COLLECTIVELY THE "AGREEMENT").
BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE REPRESENTING THAT YOU PURCHASED THE SOFTWARE FROM AN APPROVED SOURCE AND BINDING YOURSELF TO THE AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, THEN APPLICATION PROVIDER IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND (A) YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND (B) YOU MAY REQUEST A FULL REFUND. YOUR RIGHT TO REFUND EXPIRES 48 HOURS AFTER PURCHASE FROM AN APPROVED SOURCE, AND APPLIES ONLY IF YOU ARE THE ORIGINAL AND REGISTERED END USER PURCHASER.
FOR THE PURPOSES OF THIS END USER LICENSE AGREEMENT, AN "APPROVED SOURCE" MEANS (A) TIS – OBJEKTNI INFORMACIJSKI SUSTAVI, d.o.o. OR (B) A DISTRIBUTOR AUTHORIZED BY US TO DISTRIBUTE / SELL OUR SOFTWARE AND SERVICES WITHIN YOUR TERRITORY TO END USERS; OR (C) A RESELLER AUTHORIZED BY ANY SUCH DISTRIBUTOR IN ACCORDANCE WITH THE TERMS OF THE DISTRIBUTOR'S AGREEMENT WITH US TO DISTRIBUTE / SELL THE SOFTWARE AND SERVICES WITHIN YOUR TERRITORY TO END USERS.
THE FOLLOWING TERMS OF THE AGREEMENT GOVERN CUSTOMER'S USE OF THE SOFTWARE (DEFINED BELOW), EXCEPT TO THE EXTENT: (A) THERE IS A SEPARATE LICENCE AGREEMENT PUBLISHED ON www.simplelauncher.com/docs/eula, OR (B) THE SOFTWARE INCLUDES A SEPARATE "CLICK-ACCEPT" LICENSE AGREEMENT OR THIRD PARTY LICENSE AGREEMENT AS PART OF THE INSTALLATION OR DOWNLOAD PROCESS GOVERNING CUSTOMER'S USE OF THE SOFTWARE.
TO THE EXTENT OF A CONFLICT BETWEEN THE PROVISIONS OF THE FOREGOING DOCUMENTS, THE ORDER OF PRECEDENCE SHALL BE (1) THE AGREEMENT PUBLISHED ON “PRODUCT” WEBSITE AND (2) THE CLICK-ACCEPT AGREEMENT OR THIRD PARTY LICENSE AGREEMENT. FOR PURPOSES OF THE AGREEMENT, "PRODUCT" SHALL MEAN MOBILE APPLICATION, AND ANY UPGRADES, UPDATES, BUG FIXES OR MODIFIED VERSIONS THERETO (COLLECTIVELY, "UPGRADES"), ANY OF THE SAME WHICH HAS BEEN RELICENSED UNDER THE APPLICATION PROVIDER SOFTWARE TRANSFER POLICY (AS MAY BE AMENDED BY US FROM TIME TO TIME) OR BACKUP COPIES OF ANY OF THE FOREGOING.
Conclusion of Contract: This agreement (“EULA”) is a legal agreement between the person, company or organization (“You”) that has licensed a software product (“Product”) and Application Provider. The Product is to be obtained only through Google’s software distribution platform (Google Play Store). The “Google Play Store” is referred to in this EULA as “ Google Play”. By installing and/or using any Product provided by the Application Provider, You are confirming Your acceptance of this agreement and You are agreeing to become legally bound by the terms of this agreement.
This EULA shall apply only to a Product supplied by the Application Provider herewith regardless of whether other software or platform is referred to or described herein. The Products transacted through the Services are licensed, not sold to You for use only under the terms of this EULA. The Application Provider reserves all rights not expressly granted to You. The Product that is subject to this EULA is referred to in this EULA as the “Licensed Application.” The Licensed Application is to be used on devices that operate with Google’s operating system (“Android”) and the aforementioned devices are referenced in this EULA as “Devices”. The App Store Terms and Conditions and the Google Play Terms of Service are referenced in this license as “Usage Rules”.
Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to non-transferable and non-exclusive license to install and use the Licensed Application on any Devices that You own or control and as permitted by the Usage Rules. This license does not allow You to use the Licensed Application on any Devices 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 and the Usage Rules), 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 the Application Provider. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
Termination: The license is effective until terminated by You or Application Provider. Your rights under this EULA will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
Changes to Product and Services Offerings: Application Provider or the Distribution Channel may change pricing for the Licensed Application, Services and Content. We may not provide price protection or refunds due to price reductions, promotional pricing, or any other changes to pricing for any reason. You acknowledge and agree that Application Provider may suspend or discontinue offering the Licensed Application; modify the Licensed Application; change or discontinue the Services available through the Licensed Application; change how we offer and operate such Services (e.g., to begin charging a fee to access features or Content that we previously made available without charge); remove Content; impose limits on certain features or restrict Your access to part or all of the Licensed Application, Services and Content; or make other changes in Application Providers product and service offerings at its sole discretion and with or without notice to You. We will not be liable to You or any third party for taking any of these actions and we will not be limited to the remedies above if You violate these Application Provider’s Terms. You further acknowledge and agree that even if a copy of the Licensed Application continues to reside on Your device, after we make changes in our product or services offerings, the Licensed Application may not work as it did prior to such action, and Application Provider will have no liability to You or any third party as a result.
Services; The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service. You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Third Party Materials. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services. You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Devices are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
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 Application Provider 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. Application Provider 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 effects in the Licensed Application or services will be corrected. No oral or written information or advice given by Application Provider 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.
Limitation of Liability: In no event shall Application Provider 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 Application Provider has been advised of the possibility of such damages.
Damage Limitation: In no event shall Application Provider’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 paid by You for the Licensed Application. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Exceptions: If any legal right disallows an exclusion of warranties or disallows limiting certain damages, then the disclaimers of guarantee and limitations on liability herein apply to the maximum extent allowed by the applicable law.
Export: Under US export laws or the laws of the jurisdiction in which the Licensed Application was obtained, Google Play applications may be prohibited from transfers to embargoed countries. Accordingly, Google blocks downloads to these countries. Licence Provider shall not be liable for Your violation of any such export or import laws, whether under united States law or foreign law. You also agree that You will not use Licensed Application for any purposes prohibited by United States law, or the laws of the jurisdiction in which the Licensed Application was obtained including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
Governing law and jurisdiction: The law of the country where Licenced Application is obtained will govern the interpretation, construction, and enforcement of this EULA and all proceedings arising out of it, including tort claims, without regard to any conflicts of law principles. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. The courts of the country where Licenced Application is obtained will have exclusive jurisdiction.
BY CLICKING “I ACCEPT” BELOW, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS AND ACCEPT THE FUNCTIONS OF THE PRODUCT. DO NOT CLICK THE “I ACCEPT” BUTTON IF YOU DO NOT AGREE TO THE FUNCTIONS OF THE LICENSED APPLICATION AND THE TERMS OF THIS AGREEMENT.