By using this WeGuard Mobile Application (this "Application"), you agree to be bound by this Wenable Mobile Application License Agreement (this "License Agreement").
This is an agreement between you and Wenable only.
Wenable is responsible for this Application and the content thereof.
Certain features of this Application may require you to be a registered user (of Wenable/WeGuard) or provide personal information.
This Wenable Mobile Application License Agreement ("License Agreement") forms a binding contract between you and Wenable Inc. 10685-B Hazelhurst Dr., #10913, Houston, TX 77043, USA. ("Wenable"). This "License Agreement" governs your download and/or use of the executable code for Wenable's mobile software applications, however branded, including any updates or upgrades thereto.
- You may not modify, copy, publish, license, sell, or otherwise commercialise this Application or any information or software associated with this Application. You must regularly check for and, if available, update the Application software.
- You may not rent, lease or otherwise transfer rights to this Application.
- You must use the Application in compliance with all applicable laws and regulations.
- You must comply with applicable third party terms of agreement when using this Application (e.g. your wireless data service agreement or other third party services you rely on to use this Application).
- Your right to use this Application will terminate immediately if you violate any provision of this License Agreement. Wenable reserves the right to block access to or use of this Application.
- The party providing your mobile OS has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
- Wenable owns, or is the licensee to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof.
- Other company, product, or service names mentioned in this Application may be trademarks of their respective companies.
- You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter Wenable's copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.
Disclaimer of Warranties.
- This Application and the service(s) accessed by it are provided "as is" and "as available".
- Wenable expressly disclaims to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of this Application.
- You download and use this Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this Application.
Limitation of Liability.
- Except as otherwise stated in this License Agreement, Wenable is not liable to you for any harm resulting from any use or misuse of this Application.
- Such limitation of liability: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on contract, tort or otherwise (even if Wenable has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law.
- Nothing in this License Agreement shall limit our liability towards you for claims for death or personal injury or damages caused by intentional wrongdoing or gross negligence of us, our legal representatives, resellers, or agents. In case of a breach of a material obligation under this License Agreement which is caused by negligence we shall only be liable for your direct and consequential losses, unless the claim is for death or personal injury in which case our liability towards you shall be unlimited.
- You will indemnify and hold harmless Wenable and its parents, subsidiaries, officers, directors, shareholders, agents, resellers, and employees, from any claim made by any third party (including your customers or WeGuard users respectively) arising in connection with a violation of this License Agreement, for which you are responsible.
- Wenable reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
- Wenable reserves the right to make changes to this Application or License Agreement from time to time.
- Changes to this agreement will take effect upon the expiration of two months' after notification, unless the change relates to a change which we believe in our reasonable opinion to neither reduce your rights nor increase your responsibilities. Such changes shall be made without prior notice to you.
- If you continue to use the Application after the expiry of the notice period, if any, you will be deemed to have accepted the change. If you do not agree to any change, please uninstall and discontinue using the Application.
This Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iran, North Korea, Sudan, Syria or any other country subject to United States embargo or UN Sanctions; (b) to anyone on the OFAC list, US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user or entity specified by US Export Laws or other similar legislation.
Third Party Beneficiary.
Your mobile OS is a third party beneficiary of this License Agreement, and, upon your acceptance, such third party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this agreement against you.
Components from third parties
This Application is delivered along with certain software components provided by third parties ("Third-Party Software"). Wenable shall not be responsible for any such Third-Party Software. Third-Party Software, particularly open source software, may be subject to separate license terms included with, or contained in the setup installation segments of such Third-Party Software. The terms set forth in this License Agreement do not apply to Third-Party Software to the extent they are inconsistent with such Third-Party Software licenses. This License Agreement governs your use of this Application in executable form. A list covering most of the Third-Party Software delivered along with this Application is provided below. In case you need information regarding any Third-Party Software used in this Application, but, is not covered in the list below, please send an email message to firstname.lastname@example.org.