Privacy Policy
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a
legal agreement between you (either an
individual or a single entity) and Debra P. Williamson, LLC (“Licensor”) for
the Find a Ref TM mobile app ("the
Software") for the Apple iOS Operating System. An amendment or addendum to
this EULA may accompany the Software. YOU
AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR
OTHERWISE USING THE SOFTWARE. IF YOU DO NOT
AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
1. No Third Parties: This EULA is made solely between you and Licensor, and
not with Apple or any other Third Party in
any respect.
2. Reservation of Rights and Ownership: Licensor reserves all rights not
expressly granted to you in this EULA. The
Software is protected by copyright and other intellectual property laws and
treaties. Licensor or his suppliers own the
title, copyright, and other intellectual property rights in the Software.
The Software is licensed, not sold.
3. Scope of License: This EULA grants you a limited, non-exclusive,
non-transferable, non-sublicensable license to
install, use, access, display and run the Software on any mobile device or
personal computer that you own or control.
This EULA shall apply to any updates to the Software unless replaced or
supplemented by a separate EULA accompanying
such update, in which case that separate EULA will govern. You acknowledge
and agree that Licensor may automatically
check the version of the Software and/or its components and may provide
upgrades or fixes to the Software that may be
automatically and/or manually downloaded to your device. You further agree
and consent not to engage in any of the
following:
• You may not redistribute the Software to any Third Party, or allow any Third
Party access thereto.
• You may not sell, rent, lease, lend, or sublicense the Software.
• You may not copy, decompile, disassemble, reverse engineer, trace, modify,
patch, or create any derivative work from,
the Software or any update thereto.
• You may not use the Software to infringe or violate anyone else's rights or
otherwise violate the law, including (but
not limited to) the use of someone else's likeness as your own.
• You may not republish, or otherwise make public, information about any other
user obtained from the Software without
that user's consent.
• You may not use the Software to harass, bully, intimidate, or stalk any
user.
• You may not post any hate speech, threats, pornographic materials, nudity, or
gratuitous violence.
• You may not use the Software to incite violence.
• You may not use the Software to discriminate, mislead, or defraud.
• You may not use the Software to spam, or engage in any other unwelcome
communication, with other users.
• You may not use the Software to create a false identity or false profile.
• You may not harvest the contact information of other users from the Software
by any automated or manual means.
• You may not use the Software in furtherance of any pyramid or multi-level
marketing scheme.
• You may not use any automated method to access or use the Software, including
but not limited to bots, scripts,
crawlers, and spiders.
• You may not use the Software in any purposeful effort to unreasonably burden
or attack any network or computer (e.g.,
a Denial of Service attack).
4. Termination: You agree and consent that Licensor reserves the right to
terminate the rights granted under this EULA
at any time, with or without notice. You also agree and consent that the
rights granted under this EULA will
automatically terminate upon your breach of any of provision herein, unless
such breach is actually and immediately
cured by you after having received notice of such breach from Licensor. Upon
termination, you will discontinue use of
the Software, promptly destroy any and all copies thereof, and upon request
by Licensor, certify that the destruction of
such copies has been performed.
5. Maintenance and Support: You agree that Licensor shall be the sole source
for any maintenance and support of the
Software, the extent of such maintenance and support provided being at the
sole discretion of the Licensor. Neither
Apple nor any other Third Party has any obligation whatsoever to furnish any
maintenance or support of the Software.
6. Consent to Use of Data: You agree that Licensor may collect and use
technical information gathered as part of the
services provided to you by the Software, if any. Licensor may use this
information to improve the Software or other of
Licensor's products or to provide customized services or technologies to you
and will not disclose this information in a
form that personally identifies you.
7. Warranty Disclaimer; Limitation of Liability: THE SOFTWARE IS PROVIDED BY
LICENSOR "AS IS." LICENSOR DISCLAIMS ANY
AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED
TO), THE IMPLIED WARRANTY OF
MERCHANTABILITY, AS WELL AS THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE. YOU AGREE AND CONSENT TO HOLD
LICENSOR HARMLESS FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE. YOU
FURTHER AGREE AND CONSENT THAT IN NO EVENT
SHALL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, CONSEQUENTIAL AND/OR OTHER DAMAGES,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR
OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET
ANY DUTY INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER ARISING IN ANY WAY FROM THE USE
OF, RELIANCE UPON, OR INABILITY TO ACCESS OR USE, THE SOFTWARE, REGARDLESS
OF THE CIRCUMSTANCES, REGARDLESS OF WHETHER
OR NOT SUCH DAMAGES WERE FORESEEABLE, AND WITHOUT EXCEPTION, INCLUDING BUT
NOT LIMITED TO CIRCUMSTANCES IN WHICH
LICENSOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE
FOREGOING, SHOULD THIS SECTION BE HELD IN
ANY WAY UNENFORCABLE OR LIMITED BY OPERATION OF LAW, WHETHER IN WHOLE OR IN
PART, YOU FURTHER AGREE AND CONSENT THAT
UNDER NO CIRCUMSTANCES SHALL LICENSOR'S TOTAL LIABILITY TO YOU EXCEED THE
AMOUNT OF FIFTY DOLLARS USD ($50.00),
REGARDLESS OF WHETHER THE LEGAL BASIS FOR SUCH LIABILITY IS FOUNDED IN
CONTRACT, TORT, STATUTE, OR OTHERWISE.
8. Product Claims: You agree and consent that Apple bears no responsibility
for addressing any product claims you may
have with respect to the Software. In the event that the Software fails to
conform to any applicable warranty despite
the disclaimer of warranty above, you may notify Apple to request a refund
of the price paid in exchange for the rights
granted under this EULA. You agree and consent that Apple has no other
warranty obligation whatsoever with respect to
the Software.
9. Intellectual Property Rights: You and Licensor agree and consent that
Licensor, and no other party (including Apple),
shall be responsible for investigating, defending, settling, and discharging
any intellectual property claim raised by
any third party. You agree that the Software includes photographs, images,
and other intellectual property, owned by
third parties, which may be the subject of copyright, trade secret, or other
forms of intellectual property protection.
You agree not to copy, distribute, display, or perform any such intellectual
property derived from or imbedded in the
Software, without prior consent from the intellectual property owner.
10. Legal Compliance: You represent and warrant that you are not located in
a country that is subject to a U.S.
Government embargo, has been designated by the U.S. Government as a
'terrorist supporting' country, and that you are not
listed on any U.S. Government list of prohibited or restricted parties. You
acknowledge that the Software is subject to
U.S. export jurisdiction. You agree to comply with all applicable
international and national laws that apply to the
Software, including the U.S. Export Administration Regulations, as well as
end-user, end-use, and destination
restrictions issued by U.S. and other governments.
11. Developer Name and Address: Questions, complaints, or claims with
respect to the Software may be directed to Debra
P. Williamson, LLC via email at drdebwill@gmail.com or paper correspondence
to 2525 McCue Rd #533, Houston, TX 77056.
12. Third Party Beneficiary: You and Licensor acknowledge and agree that
Apple and Apple's subsidiaries are third party
beneficiaries to this EULA. Apple will have the right (and will be deemed to
have accepted the right) to enforce the
EULA against you as a third party beneficiary thereof.
13. Entire Agreement; Severability. This EULA (including any addendum or
amendment to this EULA which is included with
the Software) is the entire agreement between you and Licensor relating to
the Software and the support services (if
any) and they supersede all prior or contemporaneous oral or written
communications, proposals and representations with
respect to the Software or any other subject matter covered by this EULA. To
the extent the terms of other agreements or
contracts conflict with the terms of this EULA, the terms of this EULA shall
control. If any provision of this EULA is
held to be void, invalid, unenforceable or illegal, the other provisions
shall continue in full force and effect.
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