End User License Agreement
By downloading this application
from Magnowski & Michalik, LLC
(here after referred to as "The Company"), installing or using this
application or any portion thereof ("Application"), you agree to the
following terms and conditions (the "Terms and Conditions").
You acknowledge that (a) the Application contains proprietary and confidential
information that is protected by applicable intellectual property and other
laws, and (b) The Company and/or third parties own all right, title and
interest in and to the Application and content, excluding content provided by
you, that may be presented or accessed through the Application, including
without limitation all Intellectual Property Rights therein and thereto.
"Intellectual Property Rights" means any and all rights existing from
time to time under patent law, copyright law, trade secret law, trademark law,
unfair competition law, and any and all other proprietary rights, and any and
all applications, renewals, extensions and restorations thereof, now or
hereafter in force and effect worldwide. You agree that you will not, and will
not allow any third party to, (i) copy, sell,
license, distribute, transfer, modify, adapt, translate, prepare derivative
works from, decompile, reverse engineer, disassemble or otherwise attempt to
derive source code from the Application or content that may be presented or
accessed through the Application for any purpose, unless otherwise permitted,
(ii) take any action to circumvent or defeat the security or content usage
rules provided, deployed or enforced by any functionality (including without
limitation digital rights management functionality) contained in the
Application, (iii) use the Application to access, copy, transfer, transcode or
retransmit content in violation of any law or third party rights, or (iv)
remove, obscure, or alter The Company's or any third party’s copyright notices,
trademarks, or other proprietary rights notices affixed to or contained within
or accessed in conjunction with or through the Application.
This Application, related materials and documentation have been developed
entirely with private funds. If the user of the Application is an agency,
department, employee, or other entity of the United States Government, the use,
duplication, reproduction, release, modification, disclosure, or transfer of
the Application, including technical data or manuals, is restricted by the
terms, conditions and covenants contained in these Terms and Conditions. In
accordance with Federal Acquisition Regulation 12.212 for civilian agencies and
Defense Federal Acquisition Regulation Supplement 227.7202 for military
agencies, use of the Application is further restricted by these Terms and
Conditions.
The Application may be subject to export controls or restrictions by the United
States or other countries or territories. You agree to comply with all
applicable U.S. and international export laws and regulations. These laws
include restrictions on destinations, end users, and end use.
These Terms and Conditions will continue to apply until terminated by either
you or The Company as set forth below. You may terminate these Terms and
Conditions at any time by permanently deleting the Application from your mobile
device in its entirety. Your rights automatically and immediately terminate
without notice from The Company or any Third Party if you fail to comply with
any provision of these Terms and Conditions. In such event, you must immediately delete the
Application.
To the maximum extent permitted by law, you agree to defend, indemnify and hold
harmless The Company, its affiliates and their respective directors, officers,
employees and agents from and against any and all claims, actions, suits or
proceedings, as well as any and all losses, liabilities, damages, costs and
expenses (including reasonable attorneys fees)
arising out of or accruing from your use of the Application, including your
downloading, installation, or use of the Application, or your violation of
these Terms and Conditions.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF
LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR
EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE
APPLICATION, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR MOBILE DEVICE,
WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR
SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.