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APPLICATION END-USER LICENSE AGREEMENT
The following End-User License Agreement is agreed and accepted by Android and Windows users, upon download of the Applications or Supporting up-grades, as well as any users who buy Apps directly from Peachy Life regardless of the platform.
APPLICATION END USER LICENSE AGREEMENT
IMPORTANT, PLEASE READ CAREFULLY. BY DOWNLOADING, INSTALLING, OR USING THIS APPLICATION, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
This End-User License Agreement (“EULA”) is a legal agreement between you or the institution you represent (the “End User”) and PeachyLife, Inc. (“PeachyLife” or “we”). This EULA relates to the PeachyLife product accompanying this EULA, which includes electronic book content, multi-media content, related software and/or other related content and materials (collectively, the “Application”). Any and all uses of the Application are governed by the terms of this EULA.
You acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions. You represent and warrant that you are an adult and are accepting this EULA on your own behalf. If the End User has not attained the legal age of majority, he/she is required to obtain the necessary permission from parents or other legal representatives. If, you are accepting this EULA on behalf of an institution, as for example, a school or library, you represent that you are authorized by the institution to act on its behalf and that the institution will be bound by this EULA.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU SHOULD NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION.
It is hereby understood and agreed that PeachyLife and its licensors are the owners of all copyright, trademark, patent, and trade secrets rights, and all other intellectual property rights and proprietary interests in and to, the Application and all copies thereof (including without limitation all rights with regard to any book content, multimedia content, computer code, concepts, characters, character names, artwork, designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, branding, and any related documentation). You do not acquire any ownership rights to the Application.
The Application is licensed, not sold, to you by PeachyLife for use only under the terms and conditions of this EULA. The Application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Application may contain digital rights management software that restricts your use of the Application or protects against misuse; you consent to the use of such software and protections.
Grant of License
Subject to your continuing compliance with this EULA, PeachyLife hereby grants, and you hereby accept, a limited, personal, non-exclusive, non-transferable End User license to use the Application, for use only, on a single smartphone, tablet device, or personal computer that you own or control.
You will not, without PeachyLife express prior written consent:
Copy or reproduce, auction, loan, lease, sublicense, assign, or transfer the Application, except for the purposes of backing up the device or personal computer on which it is installed;
Transfer the Application in any fashion other than that as enabled by the digital rights management functions and options that are included in the Application; or
Modify, adapt, translate, or create derivative works based on the Application.
By accepting the terms of this EULA, you further agree that you will not:
1. Exploit the Application for any commercial purpose, provided that use for education is permitted to for-profit schools and similar institutions; or
2. Remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Application.
Further, PeachyLife reserves the right to enforce this EULA to redress or prevent any actual, threatened, or likely violation hereof.
Any attempt to sublicense, assign, or transfer this EULA or the Application will be null and void.
Other Conditions and Limitations
From time to time, at PeachyLife’s sole discretion, PeachyLife may, but is not required, to provide you with updates related to the Application. Any updates provided to you will be considered part of the Application and subject to the terms and conditions of this EULA.
This EULA is effective until terminated. End User may terminate this EULA at any time by erasing and deleting the Application.
Your rights under this EULA will terminate automatically without notice from PeachyLife, if you fail to comply with any term(s) or condition(s) of this EULA.
Upon any termination, all licenses granted herein will immediately terminate and you must permanently erase and delete the Application from your device.
Intellectual Property Rights
You acknowledge PeachyLife and its licensors’ exclusive rights in the Application. Unless otherwise permitted by law, End User will not, at any time during or after the effective term of the EULA, dispute or contest, directly or indirectly, PeachyLife and its licensors’ exclusive right and title to the Application or the validity thereof.
You agree not to extract information from, reverse engineer, disassemble, decompile, or translate the Application, or otherwise attempt to derive the source code of the Application or create derivative works of the Application or any updates, except to the extent expressly allowed under applicable law. In the event that such activities are permitted by applicable law, you agree to advise PeachyLife in advance in writing of any reverse engineering or other similar activities that you plan to carry out and to disclose to PeachyLife in writing any information obtained thereby; all information by any such process will be deemed the confidential information of PeachyLife, to be kept confidential, used only as permitted by law, and then destroyed.
Export Law Assurances
You may not export or re-export the Application except as authorized by United States law or the laws of the jurisdiction from which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported in violation of any export control laws of any nation.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, AND PERFORMANCE IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WANDERFUL HEREBY DISCLAIMS ALL WARRANTIES, 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, AND NON-INFRINGEMENT.
WANDERFUL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WANDERFUL, ITS LICENSORS, OR LICENSEES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, EVEN IF WANDERFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WANDERFUL’S AND ITS LICENSORS’, OR LICENSEES’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE SOLELY LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION OR REPLACEMENT OF THE APPLICATION, AS WANDERFUL MAY ELECT IN ITS SOLE DISCRETION. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN PART OR WHOLE.
You hereby agree to indemnify, defend and hold harmless PeachyLife and its licensors and their respective officers, employees, directors, agents, licensees (excluding you), and their successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) your breach of any term of this EULA; (b) your violation of any rights of any third party; or (c) your unlicensed use or misuse of the Application. Your indemnification obligations set forth in the immediately preceding sentence will survive the termination of this EULA.
Governing Law; Jurisdiction
This EULA is and will be governed by and construed in accordance with the laws of the State of California, not including its choice of law rules, and by applicable US federal law. The Application will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
In the event of any claim you may have arising from or related to the Application or this EULA, you submit to the exclusive personal and subject matter jurisdiction of the courts located in Santa Clara County in the State of California for making and resolving any such claims, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action. PeachyLife reserves the right to make any claim against you and seek and be granted any legal or equitable remedy against you in any court anywhere in the world.
A failure on the part of PeachyLife to act with respect to a breach by you or others of this EULA does not waive PeachyLife right to act with respect to subsequent or similar breaches. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA will continue in full force and effect. This is the entire agreement of the parties.
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY PEACHY LIFE, INC.
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