End User License Agreement
Software License Agreement for AuctionMate
IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE AND/OR COPYING THE SOFTWARE, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT ('AGREEMENT') REGARDING YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THIS SOFTWARE.
1. GRANT OF LICENSE:
Subject to the terms below, PreciousCoders hereby grants you a
non-exclusive, non-transferable license to install and to use AuctionMate ('Software').
Under this license, you may: (i) install and use the Software on a single webOS device
for your personal, internal use (ii) copy the Software for back-up or archival purposes.
(iii)You may not distribute the software to others without first obtaining the required licenses,
where applicable.
Whether you are licensing the Software as an individual or on behalf of an entity, you may not:
(i) reverse engineer, decompile, or disassemble the Software or attempt to discover the source
code; (ii) modify, or create derivative works based upon, the Software in whole or in part
without the express written consent of PreciousCoders; (iii) distribute copies of the Software;
(iv) remove any proprietary notices or labels on the Software; (v) resell, lease, rent, transfer,
sublicense, or otherwise transfer rights to the Software.
2. TITLE:
You acknowledge that no title to the intellectual property in the Software is
transferred to you. Title, ownership, rights, and intellectual property rights in and to the
Software shall remain that of PreciousCoders. The Software is protected by copyright and patent
laws of the United States and international treaties.
3. DISCLAIMER OF WARRANTY:
YOU AGREE THAT PRECIOUSCODERS HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING
THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU 'AS IS' WITHOUT WARRANTY OF ANY KIND.
PRECIOUSCODERS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY.
YOUR RIGHTS MAY VARY DEPENDING ON THE STATE IN WHICH YOU LIVE.
PRECIOUSCODERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR
CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT.
4. PERSONAL INFORMATION:
AuctionMate does not store your eBay password but the eBay token which is necessary to make the
eBay API calls. You can revoke the eBay token on the eBay website at any time.
Depending on your usage of AuctionMate other data may be stored, e.g. received notifications or
saved searches.
Stored personal data (e.g. the eBay token) is never transmitted to other websites besides the eBay
site. All stored personal data is automatically erased when the account inside the app is removed
or the complete app is removed from the device.
5. LIMITATION OF LIABILITY:
You use this program solely at your own risk.
IN NO EVENT SHALL PRECIOUSCODERS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED
TO ANY LOSS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF
THE USE OF THE SOFTWARE, EVEN IF PRECIOUSCODERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL PRECIOUSCODERS BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER
THEORY OF LIABILITY, EXCEED THE COST OF THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF
PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.
6. TERMINATION:
This Agreement shall terminate automatically if you fail to comply with the limitations described
in this Agreement. No notice shall be required to effectuate such termination. Upon termination,
you must remove and destroy all copies of the Software.
7. MISCELLANEOUS:
Severability: In the event of invalidity of any provision of this Agreement, the parties agree
that such invalidity shall not affect the validity of the remaining portions of this Agreement.
Export: You agree that you will not export or re-export the Software outside of the jurisdiction
in which you obtained it without the appropriate United States or foreign government licenses.
Governing Law: This Agreement will be governed by the laws of the State of as they are applied to
agreements between residents entered into and to be performed entirely within. The United Nations
Convention on Contracts for the International Sale of Goods is specifically disclaimed.
Entire Agreement: You agree that this is the entire agreement between you and PreciousCoders, which
supersedes any prior agreement, whether written or oral, and all other communications between
PreciousCoders and you relating to the subject matter of this Agreement.
Reservation of rights: All rights not expressly granted in this Agreement are reserved by
PreciousCoders.
