Copyright (c) 2019 Tech Product Strategy, LLC.
*** TERMS OF SERVICE AND PRIVACY (TOS) AGREEMENT ***
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE KIOSK 24x7 SOFTWARE OR ACCESSING THIS WEBSITE.
By installing and/or using Kiosk 24×7 (“APPLICATION”) or visiting the website www.kiosk24x7.com (“WEBSITE”), you agree that this Terms of Service and Privacy (TOS) Agreemnt 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.
Your use of the APPLICATION and/or WEBSITE (combined in this agreement as the “SOFTWARE”) indicates your acceptance of these Terms of Service.
Subject to the terms of this Agreement, Tech Product Strategy, LLC (“TPS”) 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 TPS. TPS does not transfer the title of SOFTWARE to you. This agreement is a binding legal agreement between TPS and you.
If you do not agree to be bound by this agreement, you may not use or otherwise access the SOFWARE and, if installed, must remove SOFTWARE from your device.
You may not copy, share, distribute, re-sell, offer for re-sell, transfer or sublicense the SOFWARE in whole or in part.
3. USER AGREEMENT
Your license to use SOFTWARE is limited to the number of mobile devices you own. You shall not allow others to use, copy or evaluate copies of SOFTWARE.
3.2 Use Restrictions
You shall use the SOFTWARE in compliance with all applicable laws and not for any unlawful purpose.
3.3 Copyright Restriction
The SOFTWARE contains copyrighted material, trade secrets and other proprietary material of TPS. 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.
You shall not use TPS’s name, logo and any graphics file that represents the SOFTWARE in any way. TPS retains sole and exclusive ownership of all right, title and interest in and to the SOFTWARE and all Intellectual Property (including copyrightable works, patented inventions, Trademarks, computer code, and trade secrets) rights relating thereto.
Copyright law and international copyright treaty provisions protect the SOFTWARE. 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 use of SOFTWARE on the mobile devices you own. All rights not expressly granted hereunder are reserved for TPS.
3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend TPS, 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 the SOFWARE.
In no event (including, without limitation, in the event of negligence) will TPS,, its employees, agents or distributors be liable for any direct, 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.
3.5 Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the state of New Hampshire (United States) as applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of New Hampshire (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.
3.6 Failure to Comply
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 SOFTWARE and destroy all copies of SOFTWARE supplied under this Agreement.
4. DISCLAIMER OF WARRANTIES
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND. TPS makes no representation or warranties in respect of the Software and expressly disclaims and excludes all warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, OR NON-INFRINGEMENT.
5. CONSENT OF USE OF DATA
You understand and agree that TPS may collect information gathered as part of the use of the SOFTWARE or WEBSITE. TPS may review the information collected to improve the user experience with TPS products and services. You also understand and agree that although TPS works diligently to protect the information collected, TPS cannot guarantee that the information is 100% secure. TPS believes strongly that the information stored in products and/or services from TPS remain private unless you explicitly decide to share the information with others, however this cannot be guaranteed.
6. OPEN SOURCE
Any Open Source Software (as defined below) that may accompany the SOFTWARE is provided to you under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Software. As used herein “Open Source Software” mean open source software components provided with the SOFTWARE that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials provided by the Open Source Software. This EULA does not apply to any Open Source Software accompanying the SOFTWARE hereby disclaims any and all liability to you or any third party related thereto.
7. THIRD PARTY SOFTWARE
Any Third Party Software (as defined below) that may accompany the Software is provided to you under the terms of the license agreement or copyright notice provided by the third party software provider that accompanies such Third Party Software or in the licenses file accompanying the Software. As used herein “Third Party Software” means software components provided by a third party with the App that are licensed to you under the terms of the applicable license agreements included with such Third Party Software components or other materials for the App. This EULA does not apply to any Third Party Software accompanying SOFTWARE hereby disclaims any and all liability to you or any third party related thereto.
8. Paid Subscription
Many features of SOFTWARE are available free of charge. Some features of SOFTWARE require a monthly subscription ("Paid Subscription") via the Google Play Store. TPS provides a free 7 day evaluation for Paid Subscription features. Paid Subscription features are disabled after the 7 day evaluation unless a Paid Subscription is established on the Google Play Store. Paid Subscription features are disabled when a Paid Subscription is cancelled on the Google Play Store.
9. TERM AND TERMINATION
Term. This License Agreement is effective upon use of the SOFTWARE and will continue in force until terminated.
Licensee Right of Termination. Licensee may terminate the Agreement at any time by removing and destroying all copies of the SOFTWARE.