IMPORTANT:
THIS STAY TECHNOLOGIES INC LICENSE AGREEMENT (THE “STLA”) DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH THE FREE OPENER APPLICATION IS LICENSED TO YOU BY STAY TECHNOLOGIES INC (COLLECTIVELY “WE” OR “US” OR OUR”). PLEASE READ THE STLA CAREFULLY. THE STLA IS BETWEEN YOU (“You” or “Your”) and Us. BY DOWNLOADING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THE STLA, UNDERSTAND THE STLA, AND AGREE TO BE BOUND BY THE TERMS OF THE STLA. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTHBELOW, DO NOT DOWNLOAD OR USE THESE PRODUCTS.
LICENSE AND RESTRICTIONS
We hereby grant You a limited, nonexclusive, nontransferable, license to use these products. Unless expressly otherwise set forth in this STLA, You may not: (a) modify, translate or create derivative works of these products; (b) decompile, reverse engineer or reverse assemble any portion of the product or attempt to discover any source code or underlying ideas or algorithms of the product; (c) sell, assign, sublicense, rent, lease, loan, provide, distribute or otherwise transfer all or any portion of the product; (d) make, have made, reproduce or copy the product; (e) remove or alter any trademark, logo, copyright or other proprietary notices associated, or make available without reproducing all proprietary notices; (f) cause or permit any other party to do any of the foregoing; or (g) engage in any conduct that, directly or indirectly, violates the terms of this STLA or has a harmful impact on the product.
USE OF THE PRODUCT
YOU MUST ACCEPT THE TERMS OF THIS STLA. You understand and agree that the right to use the product is granted solely to You. You represent that You are at least eighteen (18) years old.
OWNERSHIP
The product, and any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations are owned by Us or Our licensors. The product is licensed, and not sold, to You for use only under the terms of this STLA. We reserve all rights not expressly granted to You.
USE OF DATA
Our privacy policy describes the information we collect, the information you might submit, how we use such information and under what conditions we might share such information with others. You acknowledge that We may compile certain general information related to your use of the product. You agree that We are authorized to use, reproduce and generally make such information available to third parties in the aggregate, provided that Your information shall not include personally identifiable information about You or be attributable to You.
TERM AND TERMINATION
The effective date of this STLA is the date on which you download the product. This STLA is effective until terminated. You may terminate this STLA at any time by deleting the product from your computer. This STLA will terminate immediately without notice from Us if you fail to comply with any provision of this STLA. Upon termination you must delete the product from your computer or any other device.
DISCLAIMER OF WARRANTIES
PROVIDED TO YOU SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT. OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY WILL NOT EXCEED THE AMOUNT PAID BY YOU TO US.
APPLICABILITY OF DISCLAIMERS AND LIMITATIONS
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You will indemnify, defend and hold harmless Us, Our affiliates, and their respective officers, directors, agents, independent contractors, employees, consultants, service providers, and applicable third parties (such as licensors and partners) (collectively, the “Indemnified Parties”) from and against any actual or threatened suit, demand or claims, damages, costs, liabilities and expenses (including, but not limited to, damage awards, settlement amounts, and reasonable attorneys’ fees) brought against any Indemnified Parties, arising out of or relating to: (a) Your use of the product; (b) Your failure to perform Your obligations under this STLA; or (c) use of the product by anyone else on Your computer or any other device.
CONTACT US
If you have any questions about the product or Us please send an email to info@staytech.com
GENERAL
This STLA constitutes the entire agreement between the parties and supersedes any and all prior proposals, agreements or communications with respect to the subject matter hereof. This STLA may not be modified or amended, except by written instrument executed by both parties. You may not assign or otherwise transfer this STLA to anyone.