AirBuddy End User License Agreement
This End User License Agreement is between you ("End User" or "you") and Buddy Software, Ltd. ("AirBuddy"). This agreement governs your use of the AirBuddy software on your computer (that software and all related documentation is together the "Application").
By installing and using the Application, you agree to these terms. If you do not agree to these terms, do not use the application and must delete it from your devices.
- License Grant. AirBuddy grants you a limited, non-exclusive, and nontransferable license to download, install, and make personal (not commercial) use of the Application on up to five computers that are owned by you or where you are the primary user. The Application is only for use on compatible devices and OS versions as described on AirBuddy's website. You are responsible for managing the number of devices where you have the application installed so as to not violate this agreement. If you are unable to deactivate the Application on any device where it is no longer being used, you must contact support at [email protected] to request that your activations of the Application be reset. AirBuddy may refuse to reset your Application activations at its discretion.
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License Restrictions. You may not:
- Make copies of the Application, except as permitted by this license;
- Modify the Application;
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application (except for educational and security research purposes);
- Remove or alter any trademarks or any intellectual property notices in the Application;
- Distribute, sell, transfer or otherwise make the Application available to anyone other than by you; or
- create or implement any workaround to any copy protection, rights management, or security features in the Application;
- Reservation of Rights. You acknowledge that the Application is provided under a license and has not been sold to you. You do not have any ownership interest in the Application under this agreement. You only have the right to use the Application in accordance with this agreement. All other rights are reserved to AirBuddy.
- Collection and Use of Your Information. AirBuddy may collect certain information to help make improvements to the Application. You have the option to disable data collection in the Application's settings. If AirBuddy collects information, it will only include the following data points: the language your device is configured to use, the model and firmware version of devices used with the Application, usage event data (e.g., number of times certain features of the Application are used), and Application errors and crashes. AirBuddy does not collect personally identifying information or user IP addresses. Any data collected is stored in aggregate and without any identifiers that can be used to link specific data points to an individual user. This information is only used to help improve AirBuddy, it is not used for marketing or advertising purposes and is not shared with third-parties.
- Updates. AirBuddy may from time to time provide updates and changes to the Application ("Updates"). Updates may add, disable, change, or remove features. AirBuddy has no obligation to provide any Updates or to continue to provide or enable any features or functionality. You may choose not to install an Update. Portions of the Application may stop working if you do not install a particular Update.
- Refunds. If you obtained the Application from the AirBuddy website and are not satisfied with the Application, you may request a refund by contacting [email protected] within 14 days of your first activation. After this 14-day period, the amount you paid to license the Application is not refundable. If you obtained the Application from a reseller such as Setapp, DigitalYchee, or Stackcommerce, then refunds must be requested to the reseller and will be granted or not according to the reseller's refund policy.
- Support. No support is included with the Application. Any support provided is a courtesy only and may be discontinued at any time.
- Feedback. AirBuddy may use or disclose any feedback, including new feature ideas, that you provide about the Application without compensating or crediting you.
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Termination.
- You may terminate this agreement by deleting all copies of the Application from your devices. AirBuddy may terminate this agreement at any time without notice if it stops supporting the Application (which AirBuddy may do at its discretion). This agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this agreement.
- Upon termination: (i) all rights granted to you under this agreement terminate; and (ii) you must stop all use of the Application and delete all copies of the Application from your devices.
- Termination does not limit any of AirBuddy's remedies.
- Disclaimer of Warranties. To the extent permitted by applicable law, the application is provided to you "AS IS" and with all faults and defects without warranty of any kind. AirBuddy does not represent that the Application will meet your requirements, achieve any intended results, work with any other software, applications, systems, services, or hardware, or operate without interruption.
- Limitation of Liability. To the extent permitted by applicable law, AirBuddy's maximum liability to you (whether for damages or in indemnification) in connection with your use of the Application is limited to the amount paid by you for the Application.
- Indemnification. You agree to indemnify AirBuddy and its officers, directors, employees, successors, and assigns against all losses, damages, liabilities, claims, or expenses (including reasonable legal fees), arising from or relating to your use or misuse of the Application or your breach of this agreement.
- Severability. If any provision of this agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original intent and all other provisions of this agreement.
- Governing Law; Venue; Time Limit on Claims. Brazil law governs this agreement. The courts of Brazil are the exclusive venues for resolution of disputes regarding the subject of this agreement. You must bring any claim that you have against AirBuddy within one year after the claim or cause of action arises.
- Entire Agreement. This is the entire agreement between you and AirBuddy regarding the Application. There are no intended third-party beneficiaries to this agreement. The United Nations Convention on the International Sale of Goods does not apply to this agreement.
- Waiver. A party waiving compliance with a provision in this agreement may only do so by a signed writing. Unless otherwise specified in the writing, such a waiver only relates to the provision and instance being waived. Not enforcing a provision of this agreement does not constitute a waiver of that provision.