This End User License Agreement (“Agreement”) is a legal agreement between you, the customer, and NewSoftwares.net, regarding the purchase, use, and installation of NewSoftware’s Photo Locker 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” “NewSoftwares.net”, “NewSoftwares.net, Inc).
NEWSOFTWARES.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 NEWSOFTWARES.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.
Photo locker acts as your personal photo vault. It password-protects your personal images utilizing advanced encryption algorithm. Secure your secret photo gallery with a password, PIN or pattern. Encrypt and lock existing images from gallery or shoot images from secure interface. 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.
NEWSOFTWARES.NET PRODUCTS LIMITED EVALUATION LICENSE
Subject to the terms of this Agreement, you are hereby licensed by NewSoftwares.net to use for evaluation purposes only one copy of Photo Locker per mobile device without charge, with some limitations in the free version. If you want to continue to use Photo Locker without limitations, you must acquire from NewSoftwares.net, for a fee, a license for Photo Locker and agree to pay the associated fee to relevant App Store.
Conditioned upon compliance with the terms and conditions of this agreement including the purchase of Photo Locker, NewSoftwares.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 Photo Locker you purchase on one device at a time; however, you are allowed to transfer each purchased Photo Locker 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 Photo Locker app 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 NewSoftwares.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 NewSoftwares.net with the NewSoftware’s Products in any manner.
This is a license, not a transfer of title, to the Photo Locker and Documentation. NewSoftwares.net retains ownership of all copies of the Photo Locker and Documentation. You are granted no implied licenses to any other intellectual property rights other than as specifically granted herein. You acknowledge that the Photo Locker and Documentation contain trade secrets of NewSoftwares.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 sub-license its license rights to another person or entity and you acknowledge that any attempted transfer, assignment, sub-license or use shall be void.
ii. Make error corrections to, or otherwise modify or adapt, the Photo Locker or to create derivative works based upon the Photo Locker, or permit third parties to do the same.
iii. Reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Photo Locker application to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction;
iv. Use or permit the Photo Locker 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 NewSoftwares.net; disclose, provide, or otherwise make available trade secrets contained within the Photo Locker and Documentation in any form, to any third party without the prior written consent of NewSoftwares.net. You shall implement reasonable security measures to protect such trade secrets; or use the Photo Locker to develop any software application intended for resale which employs the Photo Locker.
For Purposes of this Agreement, “Software” shall include (and the terms and conditions of this Agreement shall apply to) the Photo Locker application and any upgrades, updates, bug fixes or modified versions there to (collectively, “Upgrades”) or backup copies of the Photo Locker licensed or provided to you by NewSoftwares.net for free or for a discounted price based on relevant App Store terms and conditions.
You agree that NewSoftwares.net may, at Its sole discretion, access our software on your mobile device, and / or cause Photo Locker application to contact NewSoftwares.net, in order to provide additional or modified functionality, updates, enhancements, security updates and patches, and upgrades to Photo Locker or to remove or terminate the functionality of any Photo Locker 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 Photo Locker Application by using any uninstall utility that accompanies the installed Photo Locker or through the uninstall mechanism provided by your compatible operating system. Uninstalling the app will cause them to cease to functioning. Uninstalling Photo Locker will result in you not being able to access any protected data that was stored using the Photo Locker application. Uninstalling free Photo Locker will result in the inability of others backing up to that device to retrieve their backed up data from that device. NewSoftwares.net does not warrant that any and all portions of the Photo Locker will be removed by any uninstall utility or the uninstall mechanism of your operating system. NewSoftwares.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 Photo Locker Application. 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 Photo Locker Software.
You agree to maintain and respect copyright, trademarks and other proprietary notices on all copies, in any form, of the Photo Locker and avoid all sorts of infringements in the same form and manner that such copyright and other proprietary notices are included on the Photo Locker Application. Except as expressly authorized in this Agreement, you shall not make any copies or duplicates of any Photo Locker Application without the prior written permission of NewSoftwares.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. NewSoftwares.net specifically reserves the right to terminate this agreement and your use of New Software’s products immediately, without notice from NewSoftwares.net, if you fail to comply with any provision of this Agreement.
ACCORDING TO THIS SECTION OR OTHER SECTIONS OF THIS AGREEMENT, NEWSOFTWARES.NET MAY TERMINATE YOUR ABILITY TO CONTINUE TO USE NEWSOFTWARES.NET PRODUCTS OR SERVICES.
You acknowledge and agree that NewSoftwares.net has set its prices and entered into this agreement and sales of New Software’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.
NewSoftwares.net warrants that, for a period of ninety (90) days from the date of the first purchase of Photo Locker Application that such version, in the form delivered by NewSoftwares.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 NewSoftwares.net will endeavor to correct any failure of the NewSoftware’s Products to so conform or perform of which NewSoftwares.net receives written notice from you within said ninety (90) day period. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEWSOFTWARE’S PRODUCTS FURNISHED BY NEWSOFTWARES.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 NEWSOFTWARES.NET. NEWSOFTWARES.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) NEWSOFTWARES.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 NEWSOFTWARES.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 NEWSOFTWARES.NET LIABILITY. IN NO EVENT WILL NEWSOFTWARES.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 NEWSOFTWARES.NET UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF NEWSOFTWARES.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND THE AGGREGATE LIABILITY OF NEWSOFTWARES.NET UPON ANY AND ALL CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY NEWSOFTWARE’S PRODUCTS.
FURNISHED OR TO BE FURNISHED BY NEWSOFTWARES.NET UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY YOU TO NEWSOFTWARES.NET FOR YOUR PURCHASES OF NEWSOFTWARE’S PRODUCTS UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL OPERATE TO RELIEVE NEWSOFTWARES.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, NewSoftwares.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 NewSoftwares.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 NewSoftwares.net promptly in writing of any notice of any such claim; b) you cooperate with NewSoftwares.net in all reasonable respects in connection with the investigation and defense of any such claim; c) NewSoftwares.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 NewSoftwares.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 NewSoftwares.net in writing of any such claims. Notwithstanding anything herein to the contrary, however, NewSoftwares.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 NewSoftwares.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 NewSoftwares.net
You will, to the fullest extent permitted by law, indemnify NewSoftwares.net against and hold NewSoftwares.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 NewSoftwares.net by third parties.
The purchase and Use of NewSoftwares.net Products by the U.S. Government is considered a commercial use by NewSoftwares.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 – 2018, NewSoftwares.net. All Rights Reserved.
Product Page: https://newsoftwares.net/photo-locker/