NOTICE TO USER: THIS END USER LICENSE AGREEMENT ("EULA” or “AGREEMENT") APPLIES WITH RESPECT TO SOFTWARE APPLICATIONS AND DIGITAL CONTENT OWNED AND PROVIDED BY NEWBEE MOBILE TECHNOLOGY LIMITED, AND ITS SUBSIDIARIES AND ITS SOFTWARE (REFERRED TO IN THIS AGREEMENT AS “Deal Recovery”). THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF ANY Deal Recovery SOFTWARE (“SOFTWARE、APPLICATION”), BUT SHALL NOT GOVERN YOUR USE OF ANY THIRD PARTY SOFTWARE. PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING, OR BY USING ALL OR ANY PORTION OF THE SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE
This End-User License Agreement ("EULA"), effective as of the date you accept the terms hereof, is a legal contract, entered into between NEWBEE MOBILE TECHNOLOGY LIMITED, located in the United States and You, the end-user of this Software Application.
"Software" means (a) the Deal Recovery, or any other software or digital content owned and provided by NEWBEE MOBILE TECHNOLOGY LIMITED, that accompanies this Agreement; and (b) any bug fixes, upgrades, modified versions or updates to the Software (collectively referred to as "Updates") that NEWBEE MOBILE TECHNOLOGY LIMITED subsequently provide to you. "Use," "Used" or "Using" means to access, install, download, copy or benefit from utilizing the functionality of the Software.
2. GRANT OF LICENSE
2.1. NEWBEE MOBILE TECHNOLOGY grants you a limited, non-exclusive, non-transferable, non-renewable license to install, use, access, display, run, or otherwise interact with ("Use") the Application. The Application is provided to you for your own personal use only, and it may not be used for any commercial or educational purposes, at educational institutions or non-profit organizations.
2.2. The license permits use of the Application during an unlimited period, at no cost. The Software Application may be used as many times as you like, for as long as you like.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
3.1. You may not sell the Application, under any circumstances. The Application may be given to an unlimited number of individuals.
3.2. You may not make modifications to the Application, or decompile, disassemble, reverse engineer or modify the software or any portion of it. You may not combine other commercial applications with, or otherwise prepare derivative works of the Application.
3.3. The Application is licensed as a single product. Its component parts may not be separated in any way, without approval, in writing, from NEWBEE MOBILE TECHNOLOGY.
3.4. This EULA does not grant you any rights in connection with any trademarks or service marks of NEWBEE MOBILE TECHNOLOGY or sub-vendors, affiliates or distributors of this Software Application.
3.5. You may uninstall the Application at any time.
4. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
4.1. The title and all copyrights in, and to, the Application, the accompanying printed materials and all copies of the Application, are owned, at all times, by NEWBEE MOBILE TECHNOLOGY. All title and intellectual property rights in, and to, the content that may be accessed through use of the Application, are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. Software Application documentation is provided in electronic form. You may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Application.
4.2. In the event of any third-party claim that the Application or your possession and use of it infringes that third-party’s intellectual property rights, you will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
5. LIMITED WARRANTY
YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEWBEE MOBILE TECHNOLOGY LIMITED, AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEWBEE MOBILE TECHNOLOGY LIMITED, AND ITS LICENSORS AND SUPPLIERS, MAKE NO WARRANTY THAT (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY OTHER SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED VIA SOFTWARE OR THE USE OF SOFTWARE ARE OBTAINED AND USED AT YOUR OWN DISCRETION AND RISK AND NEWBEE MOBILE TECHNOLOGY LIMITED EXPRESSLY DISCLAIM ALL WARRANTIES IN AND TO SUCH OTHER SOFTWARE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE, INCLUDING OTHER SOFTWARE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEWBEE MOBILE TECHNOLOGY LIMITED OR THROUGH OR FROM THE SOFTWARE SHALL CREATE ANY WARRANTY.
6. DISCLAIMER OF DAMAGES
6.1. Under no circumstances shall NEWBEE MOBILE TECHNOLOGY, its directors, officers, employees or agents, be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) resulting from this EULA or from the furnishing, performance, installation, use, or inability to use, the Application, whether due to a breach of contract, breach of warranty or the negligence of NEWBEE MOBILE TECHNOLOGY or any other party, even if NEWBEE MOBILE TECHNOLOGY is advised beforehand of the possibility of such damages. To the extent that an applicable jurisdiction limits NEWBEE MOBILE TECHNOLOGY’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.
6.2. In the event of any failure of the Application to conform to the limited warranty provided in paragraph 6, above, notify NEWBEE MOBILE TECHNOLOGY or the affiliate or distributor you obtained it from. NEWBEE MOBILE TECHNOLOGY, affiliate or distributor will have no warranty obligation whatsoever with respect to the Application, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to the limited warranty will be your sole responsibility.
7. TERM AND TERMINATION
7.1. This EULA comes into effect when you install the Application on your compatible electronic device and is effective for the entire period of use of the Application.
7.2 Any use in violation of this EULA shall constitute not only a breach of this EULA, but also a violation of domestic and international copyright laws. Any use of the Application that infringes upon NEWBEE MOBILE TECHNOLOGY’s intellectual property rights or that is used for commercial purposes will be investigated and NEWBEE MOBILE TECHNOLOGY shall have the right to take appropriate civil and criminal legal action.
7.3. Without prejudice to any other rights, NEWBEE MOBILE TECHNOLOGY may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must uninstall and destroy all copies of the Application and all of its component parts.
8. GOVERNING LAW
This EULA shall be treated as though it was executed and performed in the United States, and shall be governed by, and construed in accordance with, the laws of United States, without regard to conflict of law principles. Any cause of action brought by you, with respect to the Application, must be instituted within thirty (30) days after any download of the Software Application from the NEWBEE MOBILE TECHNOLOGY, affiliate or distributor web site, or be forever waived and barred. All actions shall be subject to the limitations set forth in previous Sections.
9.1. All legal proceedings arising out of, or in connection with this EULA, shall be brought solely in the United States and User expressly submits to the jurisdiction of said courts, and User consents to extra-territorial service of process.
9.2. Should any part of this EULA be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Application or NEWBEE MOBILE TECHNOLOGY, is in conflict or inconsistent with this EULA, this EULA shall take precedence.
9.3. Failure of NEWBEE MOBILE TECHNOLOGY to enforce any provision of this EULA shall not be deemed a waiver of such provision nor of the right to enforce such provision.
10. LIMITATIONS ON REVERSE ENGINEERING AND MODIFICATION
You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Application except as expressly permitted by this EULA. You may not alter or modify any disabling mechanism that may be resident in the Application.
11. FORCE MAJEURE
NEWBEE MOBILE TECHNOLOGY, its affiliates and distributors, shall not be responsible for any delays, errors, failures to perform, interruptions or disruptions in the Application, caused by any acts of God, strikes, lockouts, riots, acts of war, changes in law or regulations, fire, flood, earthquake, storm, power failure or failures of the Internet.
12.1. This EULA constitutes the entire understanding and agreement between NEWBEE MOBILE TECHNOLOGY, and you, with respect to the transactions contemplated in this EULA, and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this EULA, all of which are merged herein.
12.2. This EULA shall not be modified, amended or in any way altered, except by a written instrument, signed by both parties.
12.3. IT IS EXPRESSLY UNDERSTOOD AND AGREED, THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES, SET FORTH HEREIN, SHALL REMAIN IN EFFECT.
By clicking on the appropriate box, downloading and installing the Application, you indicate that you have the authority to bind yourself and any entity you represent, to the terms of this EULA.
THESE TERMS AND CONDITIONS OF USE WERE LAST UPDATED AND BECAME EFFECTIVE ON 5/28/2016. 5/28/2016.