FlatZap is willing to license the FlatZap Mobile Application to you only on the condition that you accept all the terms contained in this EULA. By downloading, installing or using the FlatZap Application, you acknowledge and agree that you have read and understand this EULA and accept all of its terms.
If you agree to this EULA on behalf of another person or legal entity including, without limitation, another business, you represent and warrant that you have the authority to bind that entity to this EULA and your agreement to this EULA will be treated as the agreement of the entity. In that event, "you" and "your" will refer and apply to that entity. If you do not accept this EULA in its entirety, then FlatZap is unwilling to license the FlatZap Application to you and you may not access or use the FlatZap Application. Any use of the FlatZap Application by you under these circumstances will be considered a violation of Intellectual property laws and may subject you to civil and/or criminal penalties.
FlatZap reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If FlatZap materially modifies this EULA it will post the updated EULA in the "Info Menu" of the FlatZap Application. FlatZap will also update the "Last Updated Date" at the end of this Agreement. By continuing to use the FlatZap Application after FlatZap has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to uninstall the FlatZap Application. This Agreement will also govern any Application upgrades and/or updates provided by FlatZap that upgrade and/or supplement the FlatZap Application, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
FlatZap provides a platform that allows third parties to customize the FlatZap Application ("Publishers"). Following your agreement to this EULA, the FlatZap Application is installed on your mobile device. The FlatZap Application may include database indexing and other features. Such installed search features are further detailed in section 3 below. In addition, the installation of the FlatZap Application may enable FlatZap to access, use and collect a variety of information, both personal and non- personal, regarding your usage of the FlatZap Application, and information about your mobile device (additional information is further detailed in section 3 below).
The Publishers customization of the FlatZap Application may take the form of adding data, information, links, web pages, images, software and code, text, photos, audio or video sounds, and/or visual works and components to the FlatZap Application (collectively "Third Party Software"), and then distributing it to you in the form of (the "Customized Software"). FlatZap does not have control of and does not take any responsibility for anything a Publisher adds to the FlatZap Application, which may include without limitation, naming the FlatZap Application. Third Party Software is the responsibility of the Publishers and not FlatZap. Some Third Party Software and/or Customized Software may contain Cookies or other tracking mechanisms. As used herein"Cookie" means a small piece of information that is placed on your device's Browser while you are viewing a website or using the FlatZap Application, the Customized Software and/or the Third Party Software. Some of the Third Party Software may pop-up on the screen of your mobile device. Because Customized Software is installed on your mobile device, the Customized Software takes up storage space on your mobile device hard-drive. The amount of storage space will vary based on the size of the Customized Software and any Third Party Software available to you from it. Some of the data stored in this storage space may include your personal information. Please review the policies of the Third Party's and/or Publishers for information about their practices.
Third Party Software will have their own terms and conditions and privacy policies and we urge you to review them prior to using them as your use of such Third Party Software is subject to these terms and conditions and privacy policies. Third Party Software is not owned by FlatZap. FlatZap is not responsible for any Third Party Software and you acknowledge that Third Party Software may be modified or removed by its respective content owners at any time. You assume all responsibility and risk of use of any Third Party Software and FlatZap hereby disclaims any and all liability to you or any third party related thereto. FlatZap does not have any obligation to examine or scan Third Party Software, for any purpose, and is not responsible for the accuracy, completeness, appropriateness or legality of any Third Party Software. The fact that a Third Party Software is available via the FlatZap Application or otherwise is not an endorsement, authorization or representation of FlatZap's affiliation with any third party, nor is it an endorsement of such Third Party Software and you hereby waive any legal or equitable rights or remedies you have or may have against FlatZap with respect thereto.
a. Conditioned upon your compliance with the terms and conditions of this EULA, FlatZap hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to install and use the executable form of the FlatZap Application on a single device (whether mobile device or other), solely for your personal use, provided that you use the FlatZap Application on a device (whether mobile device or other) owned or controlled by you. You may make a single copy of the FlatZap Application for backup purposes. FlatZap reserves all rights in the FlatZap Application not expressly granted to you in this EULA.
b. With respect to any Third Party Software that may be incorporated with or into any FlatZap Application, you acknowledge and agree that your use of such Third Party Software shall also be subject to its respective usage and privacy terms.
c. As part of the installation process of the Customized Software, you may be changing your mobile device settings and/or your social network account settings. By installing the Customized Software, you agree you have approved such changes and you understand you can reconfigure such settings at any time from the "Settings Menu" available in the Customized Software, in the configuration options available in your mobile device, from within your social network account or from your mobile device Setting Menu. Such changes may include, without limitation, the following:
1. Allowing software updates of the FlatZap Application once a new version is released and the ability to send notifications.
2. Allowing the FlatZap to send push notifications.
3. Allowing FlatZap access to location-based information.
4. Allowing FlatZap access to information contained on your Social Network account (which you must explicitly and separately opt in to).
To uninstall the FlatZap Application, you may use the standard uninstall procedures offered by your device's Operating System.
For example : To uninstall the Customized Software from your mobile device: please refer to your mobile device instructions manual or terms of service. For example, on the Apple iPhone operating system, if you hold down the icon of the Application you wish to delete until it shakes, you will get an "x" in the corner of the Application icon and you can touch the "x" to delete the Application.
You may not use the FlatZap Application in any manner that could: (i) damage, disable, overburden, or impair the FlatZap Application (or any server or networks connected to any the FlatZap Application), or (ii) interfere with any third party's use and/or enjoyment of the FlatZap Application (or any server or networks connected to the FlatZap Application).
1. Except as expressly specified in this EULA, you may not: (a) copy or modify the FlatZap Application; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the FlatZap Application to any third party; or (c) use the FlatZap Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the FlatZap Application, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of FlatZap and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the FlatZap Application provided in object code or any other FlatZap products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
2. Any Open Source Software that may be accompanying the FlatZap Application 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 FlatZap Application that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the FlatZap Application. This EULA does not apply to any Open Source Software accompanying the FlatZap Application and FlatZap hereby disclaims any and all liability to you or any third party related thereto.
1. The FlatZap Application may automatically download and install updates from FlatZap, from time to time. These updates are designed to improve, enhance and further develop the FlatZap Application and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit FlatZap to deliver these to you) as part of your use of the FlatZap Application.
2. Further, you agree that by using the FlatZap Application you may periodically send technical data and related information to FlatZap to facilitate the provision of updates, product support and other services to you, if any, related to the FlatZap Application. Such information may include, but is not limited to, technical information or personal preferences about your computer or device (whether mobile device or other), and/or internet Browser and/or system. Additionally, you agree FlatZap may conduct A/B testing and change the look and feel of the FlatZap Application or add additional features in order to improve your experience with the FlatZap Application.
3. Your only recourse if you are unhappy with any of the modifications to the FlatZap Application is to uninstall the Customized Software.
1. The FlatZap Application is licensed, not sold to you. You acknowledge and understand that FlatZap owns all right, title and interest in and to the Software, including without limitation all intellectual property rights therein. The FlatZap Application is protected by United States (and other countries) copyright, trademark, other statutory and common law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the FlatZap Application as delivered to you.
2. All rights in the Third Party Software, including all ownership rights are reserved and remain with such third parties. You agree that such third parties may enforce their rights against you directly in their own name. FlatZap is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any contracts, rules, policies or procedures applicable to your use of any Third Party Software.
2. If search is available in your FlatZap Application, please note that FlatZap collects search query information. Such search query information could be used to serve relevant ads to you and/or to monitor the performance of the search services.
3. FlatZap prohibits the violation of a user's privacy rights and the distribution of materials that are illegal, infringing or may be deemed offensive by FlatZap, in its sole discretion, as part of this FlatZap EULA. If you believe that your legal or privacy right has been violated while using the Customized Software or Third Party Software, FlatZap encourages you to report such matters to FlatZap at your earliest convenience at [email protected]. FlatZap will, at its discretion, examine your complaint and take commercially reasonable efforts to attempt to resolve the issue as part of FlatZap's commitment to providing a positive user experience.
1. You hereby acknowledge and agree to only use the FlatZap Application as permitted in this EULA.
2. You agree to comply with all applicable laws, rules and regulations when using the Customized Software. You will not use the Customized Software to infringe anyone's rights, including, without limitation, any intellectual property rights of any person or entity.
3. You agree that you are solely responsible for (and that FlatZap has no responsibility to you or to any third party) your use of the Customized Software, any breach of your obligations under the EULA, and for the consequences (including any loss or damage which FlatZap may suffer) of any such breach.
FlatZap is not obligated to maintain or support the FlatZap Application, or to provide you with updates, fixes, or services related thereto. You understand that during and/or by using the Customized Software, you may encounter Third Party Software that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the Customized Software at your own risk and that FlatZap shall not have any liability to you with respect to such content.
Any use, duplication, or disclosure of the Customized Software by the U.S. government is subject to the restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Manufacturer is FlatZap.com, LLC.
1. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Customized Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree you will not export nor re-export the Customized Software nor any technical data related thereto nor any direct product thereof to any US embargoed country.
2. By downloading and using the Customized Software, you further represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
In addition to the limitations of FlatZap's liability expressly contained in this Agreement, FlatZap further disclaims any warranty related to acknowledge and agree that you assume all the responsibility and risk for your use of the Software and the results and performance thereof and your use of any Third Party Software. THE FLATZAP APPLICATION IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. FLATZAP DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FLATZAP OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. FLATZAP DOES NOT REPRESENT OR WARRANT THAT: (I) THE FLATZAP APPLICATION OR ANY THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE FLATZAP APPLICATION OR ANY THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE FLATZAP APPLICATION, ANY THIRD PARTY SOFTWARE AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE FLATZAP APPLICATION OR ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION, WEATHER REPORTS, FINANCIAL DATA, ANALYSIS, MARKET INFORMATION AND NEWS, MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND FLATZAP AND FLATZAP'S THIRD PARTY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. FLATZAP MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE FLATZAP APPLICATION OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE FLATZAP APPLICATION OR THE THIRD PARTY SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE FLATZAP APPLICATION IS TO UNINSTALL AND CEASE USE OF THE CUSTOMIZED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL FLATZAP, ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE "FLATZAP GROUP") AND FLATZAP'S THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE FLATZAP APPLICATION OR ANY THIRD PARTY APPLICATION UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT THE FLATZAP GROUP OR ITS THIRD PARTY LICENSORS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL FLATZAP'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE FLATZAP APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
To the maximum extent permitted by law, You agree to defend, indemnify and hold the FlatZap harmless from and against any and all claims, suites, losses, liability, costs or expenses (including but not limited to reasonable attorneys fees) arising from or incurred as a result of your use of the Customized Software, including your downloading, installation, or use of the Customized Software, or your violation of this EULA.
Your license to use the FlatZap Application under this EULA shall continue until it is terminated by either party. You may terminate this EULA at any time, by discontinuing the use of all or any of the Customized Software and by destroying all copies of the Customized Software in your possession and control. This EULA and the license granted to you under this EULA will terminate automatically if you breach any term of this EULA. Upon termination, you must at FlatZap's option either promptly destroy or return to FlatZap all copies of the Customized Software in your possession or control. Sections 2, 3, 4, 6 through 12, 14 and 16 shall survive the termination of this EULA.
a. This EULA and all the policies referenced herein constitute the entire agreement between FlatZap and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of FlatZap.
b. The section titles in this EULA are provided solely for convenience and have no legal or contractual significance.
c. This EULA shall be governed by and interpreted under the laws of the State of Indiana, without regard to its conflicts of laws provisions. All actions relating to this EULA and the Customized Software shall be brought in the competent court in the State of Indiana. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Notwithstanding this, you agree that FlatZap will still be allowed to apply for injunctive remedies (or an equivalent type of unilateral, non-monetary urgent legal relief) in any jurisdiction.
d. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
e. If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof, to be unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. FlatZap reserves the right, at our discretion, to update or revise this EULA.
f. Except as required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
g. You may not assign your rights under this EULA to any party without FlatZap's consent.
h. If any provision of this EULA shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions.
i. Nothing in this EULA will be construed as creating a joint venture, partnership, employment or agency relationship between you and FlatZap, and you do not have any authority to create any obligation or make any representation on FlatZap's behalf.
j. If you have any questions about the Application, please email your question to [email protected].
If you have any questions, complaints and/or claims, you may contact FlatZap at: FlatZap, LLC, 11650 Olio Rd., Suite 1000-108, Fishers, IN 46037 E-mail: [email protected]