END-USER LICENSE AGREEMENT (“EULA”), EMC FOR ANDROID
- License. Subject to the terms of this EULA, EMC grants You a limited, non-exclusive, non-transferable and revocable license to use the Software on any mobile device owned or controlled by You that can access the Android Market site operated by Google Inc.
- Maintenance & Support. You acknowledge that while EMC may provide maintenance and support for the Software from time to time, EMC will have no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice.
- No Warranty. YOU AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK, AND THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMC, ITS SUPPLIERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Limitation of Liability. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU SPECIFICALLY AGREE THAT EMC, ITS SUPPLIERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE SOFTWARE OR IN ANY WAY RELATING TO THE SOFTWARE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF EMC, ITS SUPPLIERSS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE SOFTWARE IS LIMITED TO TWENTY US DOLLARS ($20). YOU SPECIFICALLY AGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EMC.
- Intellectual Property Protection. EMC respects the intellectual property of others and requires that users of the Software do the same. When You use the Software, You may not upload, store, share, display, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. In appropriate circumstances, EMC will terminate the accounts of repeat infringers.
- Legal Compliance & Acceptable Use. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. You specifically agree that You will not use the Software to (i) violate any laws or regulations; (ii) infringe the intellectual property or other rights of third parties; or (iii) transmit any materials that contain viruses or other harmful computer code or files such as Trojan Horses, worms or time bombs.
- Third Party Agreements. You must comply with any applicable third party terms of agreement when using the Software. In particular, You acknowledge that use of the Software may result in increased charges from your wireless carrier and that You are solely responsible for paying such charges.
- General. This EULA and the relationship between You and EMC will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Boston, Massachusetts to resolve any dispute or claim arising from this EULA. As to intellectual property rights, You specifically agree that EMC may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this EULA. You agree that any claim or cause of action related to this EULA or the use of the Software must be filed within one (1) year after the cause of action arose or be forever barred. You may not assign or transfer any of your rights or obligations under this EULA to a third party without the prior written consent of EMC. EMC may freely assign this EULA.
Last revised: April 23, 2014