1. Definitions. In this Agreement the following definitions are being used, singular as well as plural.
1.1 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.
1.2 Smartphone: a category of mobile device that provides advanced capabilities beyond a typical mobile phone. Smartphones run complete operating system software that provides a standardized interface and platform for application developers. The major smartphone environments are Symbian, Blackberry, Palm and Windows Mobile. Microsoft branded the term "Smartphone" within its Windows Mobile platform.
1.3 Software: the software distributed by Watchflag.com, as well as any future programming fixes, updates and upgrades thereof.
1.4 You: you, the end user of the Software, also used in the form "Your" where applicable.
2. Grant of License. This software is licensed, not sold. To purchase a software license key, you must be at least 18 years old or be supervised by a parent who agrees to this license agreement. You agree to be truthful when providing payment information to purchase software license keys.
2.1 Grant of License for trial version (evaluation version) users. The License pertaining to a trial version of the Software Product (a "Trial Version", or "Evaluation Version") shall expire in accordance with the terms set forth on Watchflag.com and on the "registration" screen accessible from the main menu of the Trial Version.
2.2 Grant of License for Registered Users. Watchflag.com, grants you a non-exclusive, non-transferable license to use the Software with which this license is distributed, including any documentation files accompanying the Software on the smartphone that generated the Registration Code you provided to Watchflag.com. License keys are not transferable to any other smartphone. You may make backup copies of the Software, provided that: (i) the registered Software is installed on only one smartphone; (ii) the Software is NOT modified; (iii) all copyright notices are maintained on the Software; and (iv) you agree to be bound by the terms of this License Agreement. The Software and Documentation shall be used only by you, only for your own personal or internal business use and not in the operation of a service bureau or for the benefit of any other person or entity.
3. Ownership. This Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Except as and only to the extent expressly permitted in this Agreement or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Watchflag.com Software or any part thereof. You may not rent, lease, lend or sublicense the Software.
All right, title and interest (including but not limited to copyright, patent, trade secret and all other intellectual property and proprietary rights worldwide) in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Watchflag.com. You shall not remove, cover or alter any of Watchflag.com's copyright, trademark or other proprietary notices placed upon, embedded in or displayed by the Software or on its packaging and related materials.
You may not, not even in parts, circulate the license keys transmitted to you to any third party. You shall keep secret all license keys communicated to you by Watchflag.com or Watchflag.com authorised distributors. You are fully liable for damages resulting from unauthorized circulation. Watchflag.com reserves the right to block license keys that have not been paid for by the user in due time or the license keys which were delivered to you after transaction which further resulted in a refund or chargeback. Watchflag.com reserves the right to block illegally distributed license keys as well as to file the suit against the party distributing the keys without permission from Watchflag.com.
4. Limited Warranty. The Software is being delivered to you "AS IS" and Watchflag.com makes no warranty as to its use or performance. WATCHFLAG.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. YOU ASSUME THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WATCHFLAG.COM DISCLAIM ALL WARRANTIES, TERMS, AND CONDITIONS, EITHER EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES, TERMS, AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WITH REGARD TO THE SOFTWARE, ITS SATISFACTORY QUALITY, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
5. Limitation of Liability. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WATCHFLAG.COM 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 SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WATCHFLAG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
6. Termination. This Agreement is effective until terminated. You may terminate this License Agreement at any time by destroying all copies of the Software and Documentation in your possession or under your control. Your rights under this Agreement will terminate automatically without notice from Watchflag.com if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.
7. Export Restrictions. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Commerce Department's Table of Denial Orders or the U.S. Department of Treasury's Specially Designated Nationals Lists or to any person or entity who has been prohibited from participating in U.S. export transactions by any agency of the U.S. Government.
By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. You are solely responsible for complying with all applicable export and import regulations and obtaining all necessary export and import licenses or permits for the Software. You agree to defend, indemnify and hold Watchflag.com harmless against any liability (including attorneys' fees) arising out of your failure to comply with the terms of this paragraph.
8. Privacy and No Spyware Policy. The Software does not contain spyware or adware of any kind. It does not install any tracking software on your system, or collect personal information about you and your browsing habits. The Software does not "spy" on other programs you run or web sites you visit. The Software does not come bundled with any third party software. If you choose to provide us with personal information, that information is not given to any third party.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CHECKING THE "I ACCEPT" CHECKBOX AND/OR CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO WATCHFLAG.COM THE RIGHTS SET FORTH HEREIN.