End-User Agreement for:
This End User License Agreement (“Agreement”) is a legal agreement between you, the customer, and New Softwares.net, regarding the purchase, use, and installation of NewSoftware’s Folder Lock for Windows Phone Application (Hereinafter collectively the “NewSoftware’s Products”). In this Agreement, “you” and “your” refer to you, the customer and his or her agents and we “, “us and our” is herein collectively referred to as “Newsoftwares” “Newsoftwares Inc.” “NewSoftware’s” “New Softwares.net”, “NewSoftwares.net”, “New Softwares.net, Inc).
NEW SOFTWARES.NET IS WILLING TO ALLOW THE SALE AND USE OF THE NEWSOFTWARE’S PRODUCTS TO YOU ONLY UPON THE
CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN
THIS LICENSE AGREEMENT. BY ACCEPTING THIS AGREEMENT YOU
ARE BINDING YOURSELF TO THIS AGREEMENT. IF YOU DO NOT
AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN
NEW SOFTWARES.NET IS UNWILLING TO ALLOW THE SALE AND
USE OF THE NEWSOFTWARE’S PRODUCTS TO YOU.
ANY PURCHASE OR USE OF ANY NEWSOFTWARE’S PRODUCTS
WITHOUT AGREEING TO THE TERMS OF THIS AGREEMENT IS
STRICTLY PROHIBITED.
If you use NewSoftware’s Products in or from outside the United
States of America, then you are responsible for compliance with
applicable laws in your country when using the product.
Folder Lock is a data security app for Windows Phone that lets you password protect your personal files, photos, videos, documents, contacts, wallet cards, notes and audio recordings. You can transfer files from Gallery, your SD Card and internet browser. You can download different type of files in secure environment within the App. Furthermore, you can view photos and documents, play audio, video and record voice memos and create wallet cards and contacts. Folder Lock also comes with secure internet browsing so you can browse the internet without leaving any traces. Furthermore, you can use different hack deterrents and privacy related settings in the app. Folder Lock for Windows Phone is the extension of the popular Folder Lock for Windows Desktop. You can visit https://newsoftwares.net for more information.
Unless otherwise noted in this Agreement, and to the full extent
allowed under any applicable laws, all terms and conditions of
this agreement apply to purchases and use of any and all
NewSoftware’s Products.
Subject to the terms of this Agreement, you are
hereby licensed by New Softwares.net to use for evaluation
purposes only one copy of Folder Lock for Windows Phone per mobile device
without charge, with some limitations in the free version. If you want to continue to use
Folder Lock for Windows Phone without limitations, you must
acquire from New Softwares.net, for a fee, a license for
Folder Lock for Windows Phone and agree to pay the associated fee to Windows Phone Store.
Conditioned upon compliance with the terms and conditions of this agreement
including the purchase of Folder Lock for Windows Phone, New Softwares.net
grants to you a non-exclusive and non-transferable license to
use those NewSoftware’s Products that you have purchased
and their related Documentation. You may only use each
single copy of Folder Lock for Windows Phone you purchase on one
device at a time; however, you are allowed
to transfer each purchased Folder Lock for Windows Phone copy from
one mobile device to another, single mobile device as long as you does
not abuse this privilege (e.g., repeated transfers of the Folder
Lock Software for the purpose of backing up multiple
mobile devices without the purchase of multiple licenses). What
actions constitute an abuse is the sole discretion of New
Softwares.net “Documentation” as used in this agreement
means written information (whether contained in user or
technical manuals, training materials, specifications or
otherwise) specifically pertaining to the NewSoftware’s
products and made available by New Softwares.net with the
NewSoftware’s Products in any manner.
This is a license, not a transfer of title, to the Folder Lock for Windows Phone and Documentation.
New Softwares.net retains ownership of all copies of the
Folder Lock for Windows Phone and Documentation. You are granted no
implied licenses to any other intellectual property rights other
than as specifically granted herein. You acknowledge that the
Folder Lock for Windows Phone and Documentation contain trade
secrets of New Softwares.net, its suppliers, or licensors,
including but not limited to, the specific internal design and
structure of individual programs and associated interface
information. Accordingly, except as otherwise expressly
provided under this Agreement, you shall have no right and
you specifically agree NOT TO:
i. Transfer, assign or sublicense its license rights to another
person or entity and you acknowledge that any attempted
transfer, assignment, sublicense or use shall be void.
ii. Make error corrections to, or otherwise modify or adapt, the
Folder Lock for Windows Phone or to create derivative works based
upon the Folder Lock for Windows Phone, or permit third parties to do
the same;
iii. Reverse engineer or decompile, decrypt, disassemble or
otherwise reduce the Folder Lock for Windows Phone Software to human-readable
form, except to the extent otherwise expressly permitted
under applicable law notwithstanding this restriction; IV. Use
or permit the Folder Lock for Windows Phone to be used to perform
services for third parties, whether on a service bureau or time
sharing basis or otherwise, without the express written
authorization of New Softwares.net; disclose, provide, or
otherwise make available trade secrets contained within the
Folder Lock for Windows Phone and Documentation in any form, to any
third party without the prior written consent of New
Softwares.net. You shall implement reasonable security
measures to protect such trade secrets; or use the Folder Lock for Windows Phone
software to develop any software application intended for
resale which employs the Folder Lock for Windows Phone.
For Purposes of this Agreement, “Software” shall include (and the terms and conditions of this Agreement shall apply to) the
Folder Lock for Windows Phone Software and any upgrades, updates, bug fixes or
modified versions thereto (collectively, “Upgrades”) or backup
copies of the Folder Lock for Windows Phone licensed or provided to you
by New Softwares.net for free or for a discounted price based on Windows Phone Store terms
and conditions.
You agree that New Softwares.net may, at
Its sole discretion, access our software on your mobile device, and
/ or cause Folder Lock Software to contact New Softwares.net,
in order to provide additional or modified functionality, updates,
enhancements, security updates and patches, and upgrades to
Folder Lock for Windows Phone or to remove or terminate the
functionality of any Folder Lock Software in accordance with
the termination provisions of this Agreement (collectively
“modifications”). All Modifications will be related to the
NewSoftware’s Products and will not include additional
software from third parties.
You may Uninstall Folder Lock Software by using any uninstall utility
that accompanies the installed Folder Lock for Windows Phone or
through the uninstall mechanism provided by your compatible
operating system. Uninstalling the FOLDER LOCK SOFTWARE
will cause them to cease to functioning. Uninstalling Folder Lock for Windows Phone
or Folder Lock for Windows Phone will result in you not being able to access any
protected data that was stored using the Folder Lock for Windows Phone software.
uninstalling free Folder Lock for Windows Phone will result in the inability of others
backing up to that device to retrieve their backed up data from
that device. New Softwares.net does not warrant that any and
all portions of the Folder Lock for Windows Phone will be removed by any
uninstall utility or the uninstall mechanism of your operating
system. New Softwares.net does not warrant that all of your mobile device’s software content, including but not limited to the
operating system, will regress to a state of operation, including
but not limited to settings and options that are identical to
those that existed prior to the installation of Folder Lock
Software. You remain bound by the terms of this Agreement,
including but not limited to its disclaimer of warranties,
limitation of liability, exclusive remedy, intellectual property,
and ownership clauses even after you uninstall the Folder Lock
Software.
You agree to maintain and respect
copyright, trademarks and other proprietary
notices on all copies, in any form, of the Folder Lock for Windows Phone and
avoid all sorts of infringements in the same form and manner that such copyright and other
proprietary notices are included on the Folder Lock for Windows Phone Software.
Except as expressly authorized in this Agreement, you shall
not make any copies or duplicates of any Folder Lock
Software without the prior written permission of New
Softwares.net.
This Agreement shall be effective as of your
acceptance of this Agreement and shall continue in effect until
terminated by either party. Either party may, at its election
and in its sole discretion, terminate this Agreement at will,
except as otherwise set forth in this Agreement. New
Softwares.net specifically reserves the right to terminate this
agreement and your use of NewSoftware’s products
immediately, without notice from New Softwares.net, if you fail
to comply with any provision of this Agreement.
ACCORDING TO THIS SECTION OR OTHER SECTIONS OF THIS
AGREEMENT, NEW SOFTWARES.NET MAY TERMINATE YOUR ABILITY
TO CONTINUE TO USE NEW SOFTWARES.NET PRODUCTS OR
SERVICES.
You acknowledge and agree that New
Softwares.net has set its prices and entered into this
agreement and sales of NewSoftware’s Products in reliance
upon the disclaimers of warranty and the limitations of liability
set forth herein, that the same reflect an allocation of risk
between the parties (including the risk that a contract remedy
may fail of its essential purpose and cause consequential loss),
and that the same form an essential basis of the bargain
between the parties.
New Softwares.net warrants that, for
a period of ninety (90) days from the date of the first
purchase of Folder Lock Software that such version, in the
form delivered by New Softwares.net, will substantially
conform to and perform substantially in accordance with
NewSoftware’s published documentation, to the extent such
exists, with respect thereto when installed and operated in
accordance with NewSoftware’s specifications, and
New Softwares.net will endeavor to correct any failure of the
NewSoftware’s Products to so conform or perform of which
New Softwares.net receives written notice from you within said
ninety (90) day period. EXCEPT AS EXPRESSLY PROVIDED
HEREIN, NEWSOFTWARE’S PRODUCTS FURNISHED BY NEW
SOFTWARES.NET AND ACCEPTED BY YOU ARE PROVIDED “AS
IS” AND WITHOUT ANY WARRANTY WHATSOEVER. ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED
AND DISCLAIMED BY NEW SOFTWARES.NET. NEW
SOFTWARES.NET DOES NOT WARRANT THAT THE
NEWSOFTWARE’S PRODUCTS OR ASSOCIATED
DOCUMENTATION WILL MEET THE YOUR REQUIREMENTS, OR
THAT THE OPERATION OF THE NEWSOFTWARE’S PRODUCTS
WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS
EXPRESSLY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF NEWSOFTWARE’S PRODUCTS
IS WITH YOU.
LIMITATION OF REMEDIES. YOUR SOLE AND EXCLUSIVE
REMEDY FOR BREACH OF THE FOREGOING LIMITED
WARRANTY WILL BE THAT (A) NEW SOFTWARES.NET WILL
ENDEAVOR TO CORRECT WITHIN A REASONABLE TIME ANY
REPORTED FAILURE OF NEWSOFTWARE’S PRODUCTS TO
SUBSTANTIALLY CONFORM TO OR PERFORM SUBSTANTIALLY
IN ACCORDANCE WITH NEWSOFTWARE’S SPECIFICATIONS,
TO THE EXTENT SUCH SPECIFICATIONS EXIST, DURING THE
WARRANTY PERIOD SET FORTH IN SECTION 12 OF THIS
AGREEMENT OR (B) IN THE EVENT THAT NEW
SOFTWARES.NET SHALL FAIL OR BE UNABLE FOR ANY
REASON TO CORRECT ANY SUCH FAILURE OR NON-
CONFORMITY OF THE NEWSOFTWARE’S PRODUCTS YOU MAY
TERMINATE THE END USER LICENSE AGREEMENT AS TO THE
AFFECTED NEWSOFTWARE’S PRODUCTS.
LIMITATION OF NEW SOFTWARES.NET LIABILITY. IN NO
EVENT WILL NEW SOFTWARES.NET BE LIABLE TO YOU FOR
ANY LOST PROFITS, LOST SAVINGS, LOST DATA,
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, LOST REVENUE, BUSINESS
INTERRUPTION, LOSS OF CAPITAL OR OTHER SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF
OR RELATING TO THIS AGREEMENT OR ANY NEWSOFTWARE’S
PRODUCT FURNISHED OR TO BE FURNISHED BY NEW
SOFTWARES.NET UNDER THIS AGREEMENT OR THE USE
THEREOF, EVEN IF NEW SOFTWARES.NET HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND THE
AGGREGATE LIABILITY OF NEW SOFTWARES.NET UPON ANY
AND ALLCLAIMS HOWSOEVER ARISING OUT OF OR RELATING
TO THIS AGREEMENT OR ANY NEWSOFTWARE’S PRODUCTS.
FURNISHED OR TO BE FURNISHED BY NEW SOFTWARES.NET UNDER
THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO
THE AMOUNT PAID BY YOU TO NEW SOFTWARES.NET FOR YOUR
PURCHASES OF NEWSOFTWARE’S PRODUCTS UNDER THIS
AGREEMENT; PROVIDED, HOWEVER, THAT NOTHING IN THIS
AGREEMENT SHALL OPERATE TO RELIEVE NEW SOFTWARES.NET
FROM LIABILITY FOR ITS OWN WILLFUL OR WANTON
RECKLESSNESS OR INTENTIONAL TORTS.
COPYRIGHT, PATENT, TRADE SECRET, AND TRADEMARK
INDEMNITY. Subject to the limitations of Section 14, New
Softwares.net will defend you and hold you harmless against
liability upon any claim by any third party that the
NewSoftware’s Products as furnished by New Softwares.net
infringe or violate any copyright, trademark or trade secret
rights of such third party or any patent rights of such third
party under a United States patent issued as of the effective
date of this agreement, provided that: a) you notify New
Softwares.net promptly in writing of any notice of any such
claim; b) you cooperate with New Softwares.net in all
reasonable respects in connection with the investigation and
defense of any such claim; c) New Softwares.net shall have
sole control of the defense of any action
On any such claim and all negotiations for its settlement or
compromise; and d) should the NewSoftware’s Products become, or
in NewSoftware’s opinion be likely to become, the subject of a
claim of copyright, patent or trademark infringement or trade secret
misappropriation, you will permit New Softwares.net, at New
Softwares. Net’s option and expense, either to: i) procure for you the
right to continue using the affected NewSoftware’s Products;
ii) replace or modify the same so that it becomes non-infringing; or
iii) terminate this Agreement with respect to such NewSoftware’s
products and refund to you the amount of the license fees paid to
NewSoftware’s for charges for the thirty (30) day billing cycle during
which you notified New Softwares.net in writing of any such claims.
Notwithstanding anything herein to the contrary, however, New
Softwares.net shall have no obligation or liability under any provision
of this Section if any copyright, patent or trademark infringement
or trade secret misappropriation claim is based upon use of
NewSoftware’s Products in a manner other than that for which it was
furnished by New Softwares.net, upon any NewSoftware’s Products
which has been modified by or for you in such a way as to cause it?
To become infringing, or upon any trademark or service mark which
is not used by New Softwares.net
You will, to the fullest extent permitted
by law, indemnify New Softwares.net against and hold New
Softwares.net harmless from any and all claims, liabilities,
damages, costs and expenses, including reasonable attorneys’
fees in connection with investigating, defending, or settling any
claim relating to or arising out of any acts or omissions on the
part of you which gives rise to claims against New
Softwares.net by third parties.
The purchase and
Use of New Softwares.net Products by the U.S. Government is
considered a commercial use by New Softwares.net
You represent and warrant that you
have rights to the mobile device you intend to install
NewSoftware’s Products on, you shall use them only for lawful
purposes, you will comply at all times with all applicable
federal, state, and local laws and regulations applicable to
the use of the same, you agree not to use any means to
interfere with any the NewSoftware’s Products except to
uninstall the same as provided herein.
Every provision of this Agreement will be construed, to the full
extent possible, so as to be valid and enforceable. If not, then such
provision will be deemed severed from this Agreement.
This Agreement supersedes any prior representations regarding the
same subject matter hereof.
This Agreement will in all respects be governed by and interpreted,
construed and enforced in accordance with the laws of the United
States of America and the state of Oregon without respect to its
choice of law provisions.
If you have any
questions regarding this Agreement or wish to obtain additional
information, please send a letter via U.S. Mail to 15500 SW Jay
Street, #37715, Beaverton, OR 97006, USA.
© Copyright 2002 – 2016, New Softwares.net. All Rights Reserved.
Company: New Softwares.net
Homepage: https://newsoftwares.net
Product Page: https://newsoftwares.net/folderlock/windows-phone/