THIS END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND SKED, INC. (“WE”, “US”, OR “SKED”) REGARDING YOUR USE OF THE SKED APP (THE “LICENSED APPLICATION”). BY USING THE LICENSED APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU ARE NOT ENTITLED TO USE THE LICENSED APPLICATION AND MUST DE-INSTALL THE LICENSED APPLICATION FROM ALL OF YOUR DEVICES.
1. SCOPE OF LICENSE. Subject to the terms of this EULA, SKED hereby grants you a non-exclusive, non-assignable, non-transferable, limited license, without the right to sublicense, to install and use, in accordance with the terms of this EULA, the Licensed Application on a mobile device that you own or control (the “License”). This license does not allow you to use the Licensed Application on any device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. This License does not grant any rights to obtaining future upgrades, updates, enhancements, or supplements of the Licensed Application. If upgrades, updates, enhancements, or supplements of the Licensed Application are obtained, however, the use of such upgrades or updates is governed by this EULA and any amendments to it unless other terms accompany the upgrades, updates or supplements in which case those terms apply. The Licensed Application is licensed, and not sold, to you under this EULA. You have no ownership rights in the Licensed Application or any related documentation. SKED retains all right, title, and interest in and to the Licensed Application (including any changes, modifications, or corrections thereto) and any related documentation.
2. RESTRICTIONS. The Licensed Application and any related documentation is protected by copyright law and international treaty provisions. You may not copy, modify, adapt, translate into any other language, distribute, or create derivative works based on the Licensed Application without the prior written consent of SKED. You may not assign this EULA or any of the rights or licenses granted under this EULA or rent, lease, or lend the Licensed Application to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this EULA is void. You acknowledge that the Licensed Application may contain proprietary trade secrets of SKED. You agree that you will not, and will not allow any other person, to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Licensed Application by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law. You agree not to remove, disturb, hide, or obscure any copyright or trademark notices embedded within the Licensed Application. You further agree not to tamper with, remove, or otherwise attempt to defeat any security system used by SKED in the Licensed Application to prevent the unauthorized copying of the Licensed Application.
3. CONSENT TO USE OF DATA. You agree that SKED may collect and use technical data and related information, including but not limited to your email address, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of Licensed Application updates, product support and other service to you (if any) related to the Licensed Application. SKED may use this information to contact you directly concerning updates to the Licensed Application, and, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. Additionally, you consent to SKED’s use of the phone number you provide to permit SKED to send you SMS text messages for appointment information. If you opt-in, then message and data rates may apply.
4. UPDATES. SKED may, but is not obligated, to provide upgrades, error corrections, updates, or other modifications to the Licensed Application (collectively “Updates”), including automatically installing Updates to the Licensed Application. You agree that SKED may modify the Licensed Application, even after it has been installed, with or without your knowledge. You consent to the automatic installation of the Updates, and agree that you will only use the most recent, updated version of the Licensed Application provided to you by SKED.
5. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SKED HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SKED DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SKED OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
The content available through the Licensed Application is for informational purposes only, and does not contain or constitute, and should not be interpreted as, medical advice or opinion. SKED makes no representation or warranty, and expressly disclaims any representation or warranty, whether express or implied, with regard to content available on or through the Licensed Application. You assume full responsibility for any decision or action taken in reliance on content made available through the Licensed Application and the results of the same.
6. FUNCTIONING. You acknowledge that the Licensed Application, and your use of the Licensed Application, may be interrupted from time to time. You further acknowledge that the Licensed Application is not error free. SKED cannot accept any responsibility under this EULA for the functioning of your wireless device with respect to the Licensed Application. SKED will be entitled, on reasonable grounds, including the reasonable belief of fraud or illegal activity by any user in their use of the Licensed Application, to suspend access by you to the Licensed Application. You understand that SKED may be required by law enforcement agencies to disclose information regarding your use of the Licensed Application and that SKED will comply with such requests. You acknowledge that your use of the Licensed Application may enable SMS or text messages. You, not SKED, are responsible for any changes associated with such functionality.
7. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SKED BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SKED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall SKED’s total liability to you for all damages exceed the amount of five dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. INDEMNIFICATION. You undertake to indemnify and hold SKED, its licensors, successors, and affiliates, and, collectively, their respective partners, directors, officers, employees or agents, or anyone else who has been involved in the creation, production or delivery of the Licensed Application (collectively the “Indemnified Parties”) harmless from and against all damages, costs, claims and liabilities (including reasonable attorney’s fees) suffered or incurred by the Indemnified Parties as a consequence of any claims or proceedings made or brought against the Indemnified Parties by any person in connection with your use of the Licensed Application, including, without limitation, any claim that, if true, would cause you to be in breach of Section 5.
9. TERMINATION. This EULA is effective until it is terminated. You may terminate this EULA at any time by discontinuing your use of the Licensed Application and destroying all copies of the Licensed Application and related documentation in your possession or under your control. SKED may immediately terminate this EULA if you violate any of its terms and conditions. Upon termination of this EULA, all license rights granted to you shall immediately terminate and all rights to use the terminated Licensed Application cease. You must delete any Licensed Application supplied and, if requested by SKED, certify to SKED that such deletion occurred.
10. SURVIVAL. Sections 3, 4, 5, 9, 11, and 13-16 of this EULA shall survive the termination of this EULA.
11. CONTROLLING LAW AND VENUE. This EULA will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You agree to the jurisdiction of the state and federal courts located in or nearest to Grand Rapids, Michigan, regarding any disputes arising under this Agreement.
12. SEVERABILITY. If any provision or portion thereof of this EULA is found by a court of competent jurisdiction to be unenforceable, that provision or portion thereof shall be severed from this EULA, and the remainder of this EULA shall continue in full force and effect.
13. COMPLETE AGREEMENT. This EULA constitutes the entire agreement between the parties with respect to the use of the Licensed Application licensed hereunder and supersedes all prior or contemporaneous understandings between you and us regarding the subject matter hereof. No amendment to or modification of this EULA will be binding unless in writing and signed by SKED. Any translation of this EULA is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this EULA shall govern.
14. EXPORT COMPLIANCE. You hereby represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
15. HEALTH INFORMATION. Use of the Licensed Application cannot replace medical consultation with a qualified health or medical professional. You assume all risk for any medical advice you rely on in the Licensed Application.
16. DEVELOPER NAME AND ADDRESS. SKED has a place of business at 7810 Summerwood Ct., Hudsonville, MI 49426. Any questions, complaints, or claims you may have with regard to the Licensed Application should be directed to: email@example.com.