PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING THE ACCOMPANYING SOFTWARE.
THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (AN ENTITY OR PERSON) AND JOINGO, LLC. BY PROCEEDING TO DOWNLOAD, INSTALL AND/OR USE THE SOFTWARE ACCOMPANYING THIS AGREEMENT, YOU AGREE TO BE BOUND TO THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT INSTALL OR USE THE SOFTWARE.
END USER LICENSE AGREEMENT
- LICENSE. Subject to your compliance with the terms and conditions of this Agreement, Joingo grants to you a limited, personal, nonexclusive, nontransferable, nonassignable, single-user license to install and use a single copy of the Joingo client software provided to you, along with any updates that may be provided to you (collectively, “Licensed Software“) on your wireless device solely for personal use. This license does not entitle you to receive hard-copy documentation, technical support, or new versions of the Licensed Software from Joingo. In addition, Joingo may modify the Licensed Software at any time, for any reason, and without providing you with notice of such modification.
- RESTRICTIONS. You may not: (i) redistribute, sublicense, rent, lease, transfer, or loan the Licensed Software; (ii) permit any third party to use your copy of the Licensed Software; (iii) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based upon the Licensed Software; (iv) copy the Licensed Software (except as necessary to install onto your wireless device and/or to back up the applications on your wireless device); (v) remove any proprietary notices or labels on the Licensed Software; or (vi) otherwise use the Licensed Software in a manner not permitted by this Agreement; or (vii) permit or assist any other individual or entity to do any of the things described in this paragraph.
- OWNERSHIP. The Licensed Software is owned by Joingo and its licensors. The Licensed Software, including its structure, organization and source code, constitutes confidential and proprietary information of Joingo and Joingo’s licensors and embodies trade secrets and intellectual property protected under United States and international laws and treaty provisions. You agree to use the Licensed Software solely in a manner that complies with all applicable laws in the jurisdictions in which you use the Licensed Software, including, but not limited to, applicable laws, regulations, and restrictions concerning copyright, other intellectual property rights, and gaming. Joingo reserves all rights in and to the Licensed Software that are not expressly granted to you in this Agreement. All right, title, and interest in and to the Licensed Software and any related intellectual property rights remain in and with Joingo and/or its licensors. You will not take any action to jeopardize, limit or interfere in any manner with Joingo’s or its licensors’ ownership of or rights with respect to the Licensed Software.
- DEVICE INFORMATION. You hereby give Joingo and its licensees and contractors the right to obtain and record information pertaining to your wireless device configuration (for example but not limited to your device’s available memory, processing speed, RAM, type of operating system, and client version) for use in support related issues. This information will not be distributed or marketed to any other parties for any purpose other than support issues.
- TERMINATION. This Agreement is effective from the first date you download or install the Licensed Software. Joingo may terminate this Agreement at any time for any or no reason. You may terminate this Agreement at any time for any or no reason by uninstalling and permanently deleting the Licensed Software, all backup copies and all related materials provided to you. In addition, your license rights automatically and immediately terminate without notice if you fail to comply with any provision of this Agreement. Upon termination of this Agreement for any reason, all rights granted in this Agreement immediately cease and you must promptly discontinue all use of the Licensed Software and uninstall and permanently delete the Licensed Software and all copies thereof. Sections 2 (Restrictions), 3 (Ownership), 5 (Termination), 6 (Indemnification), 7 (No Warranty), 8 (Limitation of Liability), 9 (Export), 10 (U.S. Government Use), and 11 (General) of this Agreement survive any termination of this Agreement.
- INDEMNIFICATION. You will, at your expense, defend Joingo and its affiliates, officers, directors and employees, and hold each of them harmless, from and against any and all costs, damages, claims, and reasonable attorneys’ fees resulting from any claim that your use of the Licensed Software injured or otherwise violated any right of any third party or violates any law.
- NO WARRANTY. THE LICENSED SOFTWARE IS PROVIDED “AS IS” AND WITH ALL FAULTS. JOINGO DOES NOT WARRANT THAT YOUR USE OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL MEET YOUR EXPECTATIONS. JOINGO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE LICENSED SOFTWARE AND ANY INFORMATION OR SERVICE PROVIDED THROUGH JOINGO OR THE INTERNET GENERALLY. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY, AND JOINGO DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY JOINGO OR ITS REPRESENTATIVES OR LICENSEES WILL CREATE A WARRANTY.
- LIMITATION OF LIABILITY. JOINGO DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH MAY BE OFFENSIVE TO YOU. JOINGO HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE INTERNET. JOINGO WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE LICENSED SOFTWARE OR THE INTERNET, INCLUDING INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, JOINGO’S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE LICENSED SOFTWARE WILL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO JOINGO DURING THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.
- EXPORT. You may not download, use, or otherwise export or re-export the Licensed Software or any underlying information or technology except in full compliance with all applicable laws and regulations of the United States and any other applicable jurisdiction. By installing or downloading the Licensed Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
- U.S. GOVERNMENT RESTRICTED RIGHTS. If you or your employer is an agency or instrumentality of the U.S. Government, the Licensed Software is “commercial computer software” and “commercial computer software documentation” and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, your use, reproduction, and disclosure of the Licensed Software is governed solely by the terms of this Agreement.
- GENERAL. The laws of the United States of America and the State of Nevada (without regard to its conflict of law provisions) govern all matters relating to this Agreement. The federal or state courts located in Reno, Nevada are the exclusive venue for resolution of any dispute, controversy or claim arising out of or relating to this Agreement, whether at law or in equity, and the parties hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not and will not apply to this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect if the essential provisions of this Agreement for each party remain valid, legal, and enforceable. Joingo may amend, supplement, or modify the terms of this Agreement at any time upon notice to you. Your continued use of the Licensed Software after such notice constitutes your consent to any such amendment, supplement, or modification. You may not assign any rights or delegate any obligations under this Agreement to anyone else without the prior written consent of Joingo. Any unauthorized attempt by you to transfer, assign, or delegate any rights or obligations under this Agreement is null and void. In the event that either party initiates legal proceedings to enforce any provision of this Agreement, the prevailing party is entitled to recover all reasonable attorneys’ fees from the other party.
BY CLICKING “I ACCEPT” BELOW OR BY INSTALLING OR USING THE LICENSED SOFTWARE IN ANY WAY, YOU AGREE TO BE BOUND BY EACH OF THE TERMS AND CONDITIONS SET FORTH ABOVE IN THIS AGREEMENT.
