THIS TERMS OF SERVICE("TOS") CONSTITUTE LEGAL AGREEMENT BETWEEN THE LICENSEE ("YOU") AND PROVIDER OF Photo Enhancer ("PRODUCT") BY DOWNLOADING, INSTALLING THE PRODUCT OR RETAINING IT FOR MORE THAN TEN (10) DAYS, YOU AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT DOWNLOAD OR USE THE PRODUCTS AND YOU MUST DELETE IT IMMEDIATELY.
1. license.
1.1 You acknowledge that you have only a non-exclusive and limited right to use the object code version of the Products on non-commercial purposes within the validity period of the agreement. You may make a single copy of the Products in object code form for archival or backup purposes. You must include all Notices on all copies of the Products. You may not reverse engineer, decompile or disassemble the Products or attempt to gain access to the source code for the Products, except and only to the extent that it is expressly permitted by applicable law, and, to the extent applicable law permits contractual waiver of such right, you hereby waive your rights to do so.
1.2 You will not transfer or assign the Products or this TOS and / or any rights or obligations hereunder without the prior written consent of Photo Enhancer.
1.3 Your rights under this TOS will automatically terminate if you breach any of your material obligations under this TOS. Upon any termination of this TOS, you will destroy all copies of the Products promptly after such termination.
1.4 All rights not expressly granted are reserved.
2. Infringement Indemnity.
Neither Photo Enhancer, nor its affiliates, subsidiaries nor the Licensors will have any liability for any claim based upon or arising out of (1) Intentional or negligent acts of anyone other than the provider of Product; or (2) the combination, operation or use of the Products with any equipment, devices or software not supplied by Music Download Plus, or (3) the alteration or modification of Product.
To the full extent permitted by law, this section states the entire liability of Photo Enhancer its affiliates, subsidiaries and the Licensors and your sole remedy with respect to any claim of infringement.
3. Limited Warranty.
Photo Enhancer does not represent or warrant that the Products will operate without interruption or will be error free. Especially in the following cases:
(1) modification or alteration of the Products made without the prior written approval of Music Download Plus,
(2) accident, neglect, misuse or abuse, or
(3) exposure to conditions outside the range of the environmental, power and operating specifications provided by Photo Enhancer.
4. Disclaimer and Limitation of Liability.
Except as expressly set forth in this TOS, neither Pedometer, its affiliates, subsidiaries nor the Licensors make any other warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. Pedometer, its affiliates, subsidiaries and the Licensors expressly disclaim all warranties not stated in this TOS. Any implied warranties that may be imposed by law are limited to the terms contained in this TOS to the maximum extent permitted by law.
5. Users Judgment.
Some features of Photo Enhancer will cause some programs, functions or files be stopped, removed or uninstalled.
Before using Photo Enhancer, you should carefully read the instructions and tips and judge whether the product meet your purposes and needs, and your safety requirements. Once you install the product and / or make any operation, you commit yourself to bear the relevant responsibilities.
We provide privacy policy that as an important part of this agreement, you should read this policy and agree to its contents before installing and running the product.
6.Copyright Policy.
Any end user should not use Photo Enhancer for infringement on the intellectual property rights of others, (including without limitation to patent, trademark, trade secret, copyright, and other proprietary rights), and if you, the copyright owner or an authorised representative, believe that any content infringes on your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA") by providing us with the information as follows:
- A physical or electronic signature of a person authorized to act on behalf of the owner or an agent of an exclusive right that is allegedly infringed;
- Identification of the copyright claimed to have been infringed;
- Identification of the material that is claimed to be infringing, and where it is located in the App;
- Information reasonably sufficient to permit the service provider to contact you;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
We respect the intellectual property rights of others and will respond to clear notices of alleged infringement. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
7. General Terms and Conditions.
7.1 This TOS constitutes the entire agreement between you and Photo Enhancer with respect to the subject matter hereof and supersedes all previous and contemporaneous written and oral representations, proposals, negotiations and communications, including, without limitation, the terms and conditions of any purchase order.
7.2 Photo Enhancer may assign this TOS or any of the rights or obligations hereunder, and any causes of action arising hereunder, to any third party without necessity or obligation of notice to you. The waiver or failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further right hereunder. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect.
7.3 Photo Enhancer will not be responsible for any failure to perform its obligations under this TOS due to circumstances beyond its reasonable control, including without limitation acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood or accidents. You agree that Pedometer will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property, proprietary rights and Confidential Information of itself and its Licensors, including, without limitation, the right to seek and obtain injunctive relief and enforce the same against you without the necessity of having to post bond or other such guarantee.
8. Applicable Law and Disputes.
8.1 For any dispute you have with Photo Enhancer, you agree to first contact us and attempt to resolve the dispute with us informally, we each agree to resolve any dispute arising out of or in connection with or relating to this Agreement under App store’s rules.
8.2 This TOS will in all respects, be governed by and construed and enforced in accordance with the laws of California (without giving effect to any choice or conflict of laws). The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. You consent to the jurisdiction of competent courts in California for the resolution of any dispute arising under or related to this TOS or the Products