TERMS AND CONDITIONS
In this EULA the following definitions, when capitalized, shallhave the following meanings:
Apps – means Our mobile applications and any services providedthrough the Apps. It is a part of the Services which We provide to You.
Company (or “Applied Behavior Software”, “We”, “Us”, “Our”) –means Applied Behavior Software, LLC, the company registered in the Commonwealthof Massachusetts, USA.
Content – means all kinds of content, including, but not limitedto information, data, text, articles, links, software, sound, music,photographs, graphic or video messages, tags or other materials uploaded,communicated, transmitted or otherwise made available or accessible via OurServices, whether publicly available or privately transmitted by a Third PartySupplier, or contributed, submitted, displayed or otherwise provided by Youwhen using the Services, or as a result of Your interaction with other user ofthe Services.
Device – means an authorized smartphone or a tablet or othermobile device, which You own or otherwise legally control solely for Yourlawful, personal, and non-commercial use.
EEA – means the European Economic Area.
EULA – means this End User License Agreement, which is the legalagreement between You and Us, and together with all the related documentationsets forth the terms and conditions governing the use of any of Our Appsdownloaded and installed by You or other related Services.
Intellectual Property Rights – means, collectively, rights underpatent, trademark, copyright and trade secret laws, and any other intellectualproperty or proprietary rights recognized in any country or jurisdictionworldwide, including, without limitation, moral or similar rights.
Mobile Platform – means a platform operated by a third party(e.g. “App Store” operated by Apple, or “Google Play” operated by Google),where You may access and download the Apps to Your Device.
Representative – means a parent, or a legal guardian, or otherrepresentative under the applicable law of a person between 13 and 18 years ofage.
Services – means Apps and Our related services/products andwebsites, which You download, install, use and/or visit.
Third Party Suppliers – means third party suppliers who offerContent and/or services in conjunction with or through the Services.
Unacceptable Content – means any kind of content or behavior inconnection with the use of the Apps or Services that is either illegal orunacceptable under the generally accepted moral rules including, but notlimited to the following examples: (i) engaging in orcontributing to any illegal activity or activity that violates others’ rights,(ii) content that is or could be reasonably viewed as unlawful, harmful,harassing, defamatory, libelous, obscene or otherwise objectionable andunacceptable; (iii) providing information that is false, misleading orinaccurate, (iv) disclosing of any personal or proprietary information ofanother user or any other person or otherwise invading other person privacy, (v)abuse, harassment, stalking, threats, faming or intimidation of any person ororganization, (vi) profanity or use of derogatory, discriminatory, hatred orexcessively graphic language, (vii) any content that may harm minors, (viii)disseminating or advocating in any way hate, intolerance, discrimination, harm,racial or ethnic hatred, violence, crime or war, (ix) offensive, vulgar,sexually explicit or pornographic content, (x) promoting the use of alcohol,tobacco or any narcotic or illegal substances, firearms (xi) transmittingsoftware viruses, warms or any other kind of harmful software, (xii)unsolicited or unauthorized advertising, promotional materials, “junk mail”,“spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation,(xiii) hacking, (xiv) infringing any Intellectual Property Rights, or unlawfulprovision/disclosure of information (insider information, confidentialinformation, etc proprietary information), (xv) otherunacceptable content or behavior.
USA – means the United States of America.
U.S. Government – means, the United States of America, itsagencies and/or instrumentalities.
You (or “Your”) – means the person, who uses Our Services underthis EULA and whose data is collected, stored, processed, used and shared accordingto Our Policy.
Your information – means Your personal data and other relatedinformation further described in more detailed in the Policy.
About EULA and Us
Applied Behavior Software is the developer of the Apps andrelated Services, which You are about to download, install, access and/or use,whether on Your Device, or on Our website or any other platform.
This EULA constitutes a legal agreement between You and Applied BehaviorSoftware. It contains important information about Your rights and obligationsin relation with the use of the Apps and related Services.
Use of Apps and related Services is also subject to Our Policy, which isincorporated into this EULA by this reference.
If You download, install, access or use Our Apps or related Services, Youhereby confirm Your consent to be bound by the terms and conditions of thisEULA, including the Policy. If You do not agree with any of the terms andconditions of this EULA, please, do not download, install, access or use theApps or related Services.
By installing, accessing or using our Apps or related Services You also confirmthat You are the owner of or otherwise legally use the Device, and that You areat least 13 years of age and have a full legal capacity to enter into thisagreement. In case You are between 13 and 18 years of age, You hereby confirm,that Your Representative has reviewed and agrees to the terms and conditions ofthis EULA and allows You to access and/or use our Apps and related Services.
You can find the latest updated version of this EULA at any time at Our websitehttps://appliedbehaviorsoftware.com/terms
Our Apps download/purchase page may contain certain additional terms,conditions and requirements, which constitute a part of this EULA. In case Youdownload/purchase the Apps through the Mobile Platform, please, review theterms and conditions of the owner of that particular Mobile Platform, which mayprovide for certain additional requirements applicable to the download of theApps through that Mobile Platform, its installation and use.
License to use Our Apps and its limitations
We hereby grant You a non-exclusive, personal, limited,revocable and non-transferable license to access, download and use the Appsonly on Your Devices, provided You agree to comply with all the terms andconditions of this EULA. Please, note, that the Apps is licensed, not sold, toYou. We own all rights, title and interest in and to the Apps and reserve allrights not expressly granted to You in this EULA.
You may not sell, resell, distribute, redistribute, rent, lease, sublicense, assign,copy (except for a single backup copy), or in any other way transfer or grantany rights to the Apps to any third party. You may not distribute or make theApps available over the network where it could be downloaded or used bymultiple devices at the same time, except when it is expressly permitted underthe applicable Mobile Platform terms or authorized by Us.
You may not use any automatic or manual device or process to interfere with theproper working of the Apps, except to remove Our Apps from Your Device.
You may not decompile, disassemble, reverse engineer or create derivative worksof the Apps or any parts thereof. All modifications or enhancements to the Appsremain the sole property of Us.
You are responsible for selection of the proper internet connection and/orpaying any related charges that You may incur for accessing and/or using OurServices. For the exact amount of the charges, service plans and otherconditions of the wireless or data connection services You shall enquire withYour mobile operator or Your internet service provider before You access and/oruse Our Services. We make no representation that Our Services can be accessedon all wireless service plans or at any particular location.
We make no representation that Our Apps can be used (including availability andfunctioning of all features) and Our Services can be accessed on any Device.
You have to make sure before downloading the Apps that they are available inany of the languages of Your preference. We make no representation that theApps are or will be available in all languages.
When You purchase the Apps or related Services from a Mobile Platform,including subscriptions and in-app purchases, the payment for such purchasesmay be processed either by third parties on Our behalf, or directly by theowner of the Mobile Platform. When purchasing the Apps or related Services,including subscriptions and in-app purchases, Youagree that the digital content will be available to You immediately, andacknowledge that You will lose Your rights to the 14 days cancellation periodand refunds available for EU and EEA residents. If You download the Apps from aMobile Platform owner, before effecting the purchase from the Mobile Platform,please also review and accept the terms and conditions of that Mobile Platformowner with regard to Your rights to cancel orders and get related refunds.
Some of Our apps may be available on a subscription basis. Subscriptions may beweekly, monthly, tri-monthly, semi-annual, annual, or seasonal. Payments forsuch subscriptions would be charged at Your account at the confirmation of thepurchase. They may be processed by third parties acting on Our behalf, or bythe Mobile Platform owner. Subscription will automatically renew for the sameprice and duration period as the original subscription package chosen by You,unless You turn off the auto-renew: (i) in case of anApple App Store, at least 24-hours before the end of the current subscriptionperiod, or (ii) in case of Google Play Store, at any time before the end of thesubscription period. Your account will be charged for renewal within 24-hoursprior to the end of the current subscription period (Apple), or at the end ofthe subscription period (Google) at the cost of the chosen package. You maymanage subscriptions and turn off auto-renewal by going to the user’s accountsettings after the purchase. You can cancel the subscription at any time andthe cancellation will take effect after the end of the last day of thatsubscription period. Certain of Our subscription services may be offered on afree trial basis for a certain period of time. You may cancel a subscriptionduring its free trial period via the subscription setting through Your account.This must be done 24 hours before the end of the free trial subscription period(Apple), or at any time before the end of the free trial subscription period(Google), otherwise it will be renewed as a paid subscription.
We make no warranty or representation regarding the availability of OurServices at any particular time or location. There may be times when OurServices or any part of them are not available for technical or maintenancerelated reasons, whether on a scheduled or unscheduled basis.
We have no obligation to make available to You any updates, supplements orsubsequent versions of the Apps. We reserve the right to modify or discontinueany part of the Services in Our sole discretion with or without a prior notice.We may add or remove any features of functions of Our Apps. If We release a newversion of the Apps, or make new features available, Wemay request You to update the Apps installed on your Device. Such updates mayoccur automatically or with the prior notice. In case of material updates,supplements or new version of Apps, We may also askYou to review and accept Our new EULA (applicable at that time) before You mayinstall and start using the updated or new version of the Apps. If You do notagree with the terms and conditions of the new EULA, you may not install or usethe updated or new version of the Apps, and You shall discontinue using theApps or any related Services and shall uninstall and remove the Apps from YourDevice. Any obligations We may have to support the previous versions of theApps will be ended upon the availability of material updates, supplements orsubsequent versions of the Apps.
The Apps may contain specific rules, controls and guidelines, which can befound within the Apps themselves and which are related with the use of theApps. Such rules, controls and guidelines form a part of this EULA and Youagree that You shall comply with them.
Functionality features of the Apps may contain the data location function,which is provided by the Third Party Supplier. Thisdata location function of the Apps is provided solely for the basicnavigational purposes that are needed for the due functioning of the Apps.Therefore, it is neither the intention, nor the purpose of the Apps to be usedas any kind of navigational tool, where the precise location data may beneeded, and You shall be solely responsible for any injury, damage or lossesincurred due to such improper use of the Apps. Neither Us, nor any Third Party Supplier gives any guarantee as to theavailability, timeliness, completeness, or accuracy of the location data of theApps.
The transmission of information over wireless and wired networks is notinherently secure. We may use tools or methods to help protect Your personalinformation against unauthorized access or disclosure, however, We may not guarantee that Your personal information orprivate communications will always remain private when using Our Apps orrelated Services. You accept all responsibility for such security risks and anydamage that may result therefrom. It is also Your sole responsibility to useall reasonable and recommended measures (such as complex passwords, etc. in order to secure Your Device from any unauthorizedaccess.
We may collect, process, use and share Your personal data inaccordance with Our Policy and as set out in this EULA. By downloading Our Appsor accessing and using related Services, You give Yourconsent to Us collecting, processing, using and sharing Your personal data asdescribed in more detail in the Policy. If You do not agree to Our Policy Youshould not download and install Our Apps or otherwise access and/or use OurServices.
Content and user conduct
You must comply with the laws that apply to You in the countryof Your residence and any other location where You download and install OurApps and/or access and use Our Services from. If any laws applicable to You restrictor prohibit You from using Our Services, or any part thereof (certain features,functionalities, etc.), You must comply with those legal restrictions.
It is Your responsibility and obligation that all the Content You provide Us onaccessing and/or using Our Services is and shall remain true, accurate andcomplete in all material respects and at all times.
You understand and agree that all the Content that may be sent when using OurServices, whether publicly posted or privately sent, is the sole responsibilityof the person that sent the Content. This means that You, not Us, are entirelyresponsible for all Content that You may upload, communicate, transmit orotherwise make available via Our Services.
It is Your responsibility and obligation not to upload, communicate, transmitor otherwise make available any Unacceptable Content. If You are concerned thatsomeone else uploads or otherwise provides any Unacceptable Content, please,contact Us by email as follows: firstname.lastname@example.org.
We do not control the Content posted via Our Services by other people andtherefore We do not guarantee the accuracy, integrity or quality of thatContent. You understand that when using Our Services, Youmay be exposed to Content that You may consider offensive, indecent orobjectionable. Under no circumstances will We be liable in any way for anyContent, including, but not limited to, any errors or omissions in any Content,or any losses or harm of any kind resulting from the use of any Content posted,emailed, transmitted or otherwise made available via Our Services.
We have the right to remove any uploaded Content from Our Services if wereasonably decide in Our sole discretion that it constitutes the UnacceptableContent, or that it may bring Us or Our Services into disrepute. Youacknowledge that We may monitor the Content contributed by people that use OurServices, however, We make no undertaking to do so.
Links to Third Party Suppliers, Content and services they provide
We may link or provide access to Third Party Suppliers websitesor services from Our Services, or Our Apps may be provided in connection withthe advertising, services and Content of Third PartySuppliers. We are not responsible for the availability of such websites orresources of the Third Party Suppliers, and We are notresponsible or liable for any Content, advertising, or services they provide.Any Content, advertising or services by such Third Party Suppliers are providedfollowing the terms of services and privacy policies to be found on the websiteof the respective Third Party Supplier and, where applicable, You mustfamiliarize Yourself and accept the terms of services and privacy policies ofsuch Third Party Suppliers before using their services. We are not responsibleor liable, directly or indirectly, to You in relation to any losses, damages orharm caused by or in connection with use of any such Content or services by theThird Party Suppliers. Any additional charges You mayincur inrelation to the use of the services by such Third PartySuppliers is Your responsibility.
You acknowledge that all and any Intellectual Property Rights inand relating to Our Services (other than certain rights to the Content, whichis contributed by You or other users of the Services), are owned by or licensedto Us, including but not limited to Intellectual Property Rights to alltrademarks, design, text, images, photographs, illustrations, audio or videoclips, artwork, graphic material, code, content, protocols, software, and documentationprovided to You in relation with the use of Our Services. Intellectual PropertyRights are protected by the respective international, EU, US and otherrespective national copyright, trademarks, patents and other proprietary rightsand laws relating to Intellectual Property Rights.
Your rights to access and use Our Services (but not any related object andsource code) are limited strictly and solely to those expressly granted underthe license as defined in more detail in section “License to use Our Apps andits limitations” above and subject to compliance to all provisions of thisEULA. All rights not expressly granted hereunder are expressly reserved to Usand Our licensors, as the case may be.
You further acknowledge and agree that, except to the limited license expresslygranted to You under this EULA, You shall have no other rights, property orownership interest to any of Our Services, including without limitation Youraccounts and any data associated with Your accounts. You must not copy, distribute,make available to the public or create any derivative work from Our Apps orrelated Services or any part thereof unless We have first agreed to this inwriting.
You are solely responsible for any Content You contribute, submit, display,share or otherwise provide on or through Your use of Our Services. It is Yourobligation to ensure that such Content does not violate any copyright or otherIntellectual Property Rights, and You must either own or have a license to useany such Content. By contributing, submitting, displaying, sharing or otherwiseproviding Your Content via Our Services You: (a) are representing that You arefully entitled to do so; (b) grant Us the non-exclusive, irrevocable,worldwide, royalty free license to edit, adapt, publish, reproduce, distribute,publicly display and use Your entry (Content) and any derivative works We maycreate from it, in any and all media (whether it exists now or in the future),for any purpose, in perpetuity, without any payment to You; (c) acknowledge thatYou may have what are known as “moral rights” in the Content, for example theright to be named as the creator of Your entry, etc., or any similar rightsthat may exist now or may be created in the future, and You agree to waive anysuch moral or similar rights You may have in the Content; (d) agree that Wehave no obligation to monitor or protect Your rights in any Content that Youmay submit to Us, and We shall not be liable for any use or disclosure of it;(e) assume any and all risks in relation to the use of such Content by anyperson, including any risks related to the disclosure of the Content (Yourentry) that could make You or any third parties personally identifiable; (f)represent and warrant to us that such content does not constitute an UnacceptableContent and in other respects complies with the rules of section “Content anduser conduct” as set above by this EULA.
If You believe that your Intellectual Property Rights have been infringed bysomeone else over the internet, You may contact Us by emailing the followinginformation to email@example.com: (a) a description of theIntellectual Property Rights and an explanation as to how they have beeninfringed; (b) a description of where the infringing material is located; (c)Your address and email address; (d) a statement by You, made under penalty ofperjury, that (i) You have a good-faith belief thatthe disputed use of material in which You own Intellectual Property Rights isnot authorized, and (ii) the information that You are providing is accurate,correct, and that You are the owner of the Intellectual Property Right, orauthorized to act on behalf of the owner of the Intellectual Property Rightthat is allegedly infringed; and (e) a physical or electronic signature of theperson authorized to act on behalf of the owner of the Intellectual PropertyRight that has allegedly been infringed.
Export controls and legal compliance
Any download of Our Apps and use of Our Services shall be incompliance with all relevant international, U.N., USA or EU sales, export orimport restrictions and regulations and You agree to comply with them. Yourepresent and warrant that You are not located in a country that is subject toU.S. Government embargo, or that has been designated by the U.S. Government asa „terrorist supporting” country; and that You are not listed in any U.S.Government or EU sanction list of prohibited or restricted parties and Youcomply with relevant U.N. and EU sanctions and embargos.
Term, termination and survival
The license under this EULA is effective for an indefiniteperiod of time, until Applied Behavior Software terminates it, or until Youdecide to terminate it by uninstalling and discontinuing use of the Apps. TheEULA, Your rights and licenses hereunder willterminate automatically without notice, if You fail to comply with any of theprovisions of this EULA. Applied Behavior Software reserves the right tosuspend, discontinue, enhance, update or otherwise modify the Apps (or any ofits features or functionalities), or its availability to You, at any timewithout notice. Upon termination of the license to the Apps, Youwill cease all use of the Apps and related Services.
All provisions of this EULA with regard to Privacy, Intellectual Property Rights,disclaimer of warranty, limitation of liability, indemnification, applicablelaw and severability, waivers and dispute resolution will survive thetermination.
Disclaimer of warranty
THE APPS AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” BASIS,WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. YOU USE THEM AT YOUR SOLERISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY ANDEFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, APPLIEDBEHAVIOR SOFTWARE, ON BEHALF OF ITSELF AND ANY OF ITS AFFILIATES, LICENSORS,DISTRIBUTORS, THIRD PARTY SUPPLIERS AND OWNERS OF THE MOBILE PLATFORMS,EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OROTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FORA PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, ACCURACY, QUIETENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIEDWARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. WITHOUT LIMITATION, APPLIEDBEHAVIOR SOFTWARE MAKES NO WARRANTY THAT THE APPS AND RELATED SERVICES AND THEQUALITY THEREOF WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS, THAT THEY WILL BEUNINTERRUPTED, TIMELY, CORRECT, ERROR-FREE, SECURE, THAT DEFECTS WILL BECORRECTED OR THAT THE APPS AND RELATED SERVICES ARE FREE OF VIRUSES OR OTHERHARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WEASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF PROPERTY DAMAGE OR LOSSESARISING FROM YOUR USE OF OUR APPS OR RELATED SERVICES, OR DUE TO ANY UNAUTHORIZEDACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY, OR DUE TO ANY ERRORS OROMISSIONS IN ANY CONTENT, INCLUDING ANY DAMAGE OR LOSSES BECAUSE OF USE OF ANYCONTENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL APPLIED BEHAVIOR SOFTWARE OR ITSDIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COMMISSIONAIRES OR LICENSORS BE LIABLEFOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE,CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FORLOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OFBUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OR NEGLIGENCE)ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE APPS ORRELATED SERVICES, BREACH OF CONTRACT, UNAUTHORISED ACCESS, TORT, INCLUDINGNEGLIGENCE, OR ANY OTHER ACTION BY ANY THIRD PARTY, EVEN IF WE OR OURAUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM THIS EULA ORRELATED TO YOUR USE OF THE APPS OR RELATED SERVICES, WHETHER IN CONTRACT ORTORT, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR USING THE APPS AND RELATEDSERVICES UNDER THIS EULA DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THEDATE THE CLAIM FIRST AROSE. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITYWILL APPLY EVEN IF ANY REMEDY SPECIFIED IN THIS EULA IS FOUND TO HAVE FAILED OFITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREETO DEFEND, INDEMNIFY AND HOLD APPLIED BEHAVIOR SOFTWARE, ITS DIRECTORS,OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, COMMISSIONAIRES OR LICENSORS HARMLESSFROM ANY AND ALL THIRD PARTY CLAIMS, SUITS, LOSSES, LIABILITY, DAMAGES COSTSAND/OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROMYOUR OR INCURRED AS A RESULT OF YOUR USE OF THE APPS OR RELATED SERVICES, ORANY KIND OF ALLEGED OR ACTUAL BREACH BY YOU OF THIS EULA, OR ANY INFRINGEMENTBY YOU OR ANY THIRD PARTY OF ANY INTELLECTUAL PROPERTY RIGHTS OR ANY OTHERRIGHTS OF OTHER PERSONS.
We can make amendments to EULA from time to time. In case ofmaterial amendments, You will be also notified by anin-app message or by e-mail. Your continued use of the Apps and Services afterthe EULA has been amended shall mean that You accept the amendment to EULA. IfYou do not agree with any amendment to this EULA, Youshall discontinue using the Apps or any related Services and shall uninstalland remove the Apps from Your Device. To uninstall and remove the Apps, pleaseuse the application manager provided with Your Device or consult Your Devicemanual for reference.
Applicable law and severability
The provisions of this EULA shall be governed by and construed inaccordance with the laws of the Commonwealth of Massachusetts, USA.
Depending on the laws of Your jurisdiction (place of residence), You may havecertain rights that cannot be waived through this EULA and that are in additionto the terms of this EULA, and certain provisions of this EULA may beunenforceable as to You. To the extent that any term or condition of this EULAis unenforceable, the remainder of the EULA shall remain in full force andeffect.
If any part of EULA is held to be invalid or unenforceable under any applicablelocal laws or by an applicable court, that part shall be interpreted in amanner consistent with applicable law to reflect as nearly as possible Ouroriginal intentions and the remainder of the EULA shall remain valid andenforceable. If it is not possible to interpret an invalid or unenforceablepart of this EULA in a manner consistent with applicable law, then that partshall be deemed deleted without affecting the remaining provisions of the EULA.
Waiver of Our rights
Our failure to exercise or enforce any of Our rights under EULAdoes not waive Our right to enforce such right. Any waiver of such rights shallonly be effective if it is in writing and signed by Us.
Most concerns can be solved quickly by contacting Us at firstname.lastname@example.org.
In the unlikely event that We cannot solve Your concern and You wish to bringlegal action against Us, then that dispute will be subject to the jurisdictionof the courts of the Commonwealth of Massachusetts.