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 Calculator# 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.
Calculator# is a data security app for mobile devices 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. Calculator# also comes with secure internet browsing so you can browse the internet without leaving any traces.
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.
Some of our products are one-time purchases and some are subscriptions. Subscription products charge fee every year for their renewal and one-time purchases require only one-time fee. An example of our subscription product is Calculator#. This product renews every year and automatically chargers customers. If Customer’s Credit Card is floor or expired, he is given a grace period by the relevant App Store to edit it. However, in case of one-time purchases, there is only one-time fee.
Subject to the terms of this Agreement, you are hereby licensed by New Softwares.net to use for evaluation purposes only one copy of Calculator# for per mobile device without charge, with some limitations in the free version. If you want to continue to use Calculator# without limitations, you must acquire from New Softwares.net, for a fee, a license for Calculator# and agree to pay the associated fee to Store.
Conditioned upon compliance with the terms and conditions of this agreement including the purchase of Calculator#, 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 Calculator# you purchase on one device at a time; however, you are allowed to transfer each purchased Calculator# 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 Calculator# 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 Calculator# and Documentation. New Softwares.net retains ownership of all copies of the Calculator# and Documentation. You are granted no implied licenses to any other intellectual property rights other than as specifically granted herein. You acknowledge that the Calculator# 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 Calculator# or to create derivative works based upon the Calculator#, or permit third parties to do the same;
iii. Reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Calculator# Software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction; IV. Use or permit the Calculator# 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 Calculator# 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 Calculator# software to develop any software application intended for resale which employs the Calculator#.
For Purposes of this Agreement, “Software” shall include (and the terms and conditions of this Agreement shall apply to) the Calculator# Software and any upgrades, updates, bug fixes or modified versions thereto (collectively, “Upgrades”) or backup copies of the Calculator# licensed or provided to you by New Softwares.net for free or for a discounted price based on 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 Calculator# Software to contact New Softwares.net, in order to provide additional or modified functionality, updates, enhancements, security updates and patches, and upgrades to Calculator# or to remove or terminate the functionality of any Calculator# 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 Calculator# Software by using any uninstall utility that accompanies the installed Calculator# or through the uninstall mechanism provided by your compatible operating system. Uninstalling the Calculator# SOFTWARE will cause them to cease to functioning. Uninstalling Calculator# will result in you not being able to access any protected data that was stored using the Calculator# software. uninstalling free Calculator# 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 Calculator# 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 Calculator# 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 Calculator# Software.
You agree to maintain and respect copyright, trademarks and other proprietary notices on all copies, in any form, of the Calculator# and avoid all sorts of infringements in the same form and manner that such copyright and other proprietary notices are included on the Calculator# Software. Except as expressly authorized in this Agreement, you shall not make any copies or duplicates of any Calculator# 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 Calculator# 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 NewSoftwares. 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
Product Page: https://newsoftwares.net/ns-vault/