AGREEMENT FOR SPLINTERWARE APPLICATIONS

The Splinterware Applications (the 'Apps' or 'Applications') are developed and supported by Splinterware Ltd. You can view our website through https://www.splinterware.com. The Splinterware Service is what we provide to you when you choose to use our Apps or Website, and Splinterware Software includes all the Apps and any other software developed by Splinterware Ltd.

By continuing to use the Splinterware Software or the Website you indicate acceptance of this agreement. Acceptance of this agreement means that you are bound by the terms of this license agreement. If you have any specific questions about the terms of the license agreement, please contact us at support@splinterware.com so that they may assist you with your questions.

PRIVACY

Splinterware values the privacy and security of the information that you share with us. You can read our Privacy Policy by following the link to our website.

CONTENT RIGHTS

While you own your content you store within the Splinterware Software, you acknowledge and agree that Splinterware owns all legal right, title and interest in and to the Splinterware Software itself and our Website, including, without limitation, all software that is part of the Splinterware Software and the Splinterware Service.

INTELLECTUAL PROPERTY RIGHTS

In agreeing to these Terms, you also agree that the rights in the Splinterware Software and the Splinterware Service, including all intellectual property rights, such as trademarks, patents, designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Splinterware Software, unless you are expressly permitted to do so under an open source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition.

RIGHT TO MODIFY THE SPLINTERWARE SERVICE

We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Splinterware Service, including changes that may affect the previous mode of operation of the Splinterware Service or Splinterware Software. We expect that any such modifications will enhance the overall Splinterware Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to certain features based on factors such as the device, operating system and/or client that you use, and impose other limitations at any time, with or without notice. For example, if you use a free version of the Splinterware Service, you will not enjoy all of the benefits provided to subscribers of Splinterware's Paid Service offerings. For the free or evaluation versions of the Splinterware Service, Splinterware Software or Apps, we retain the right, in our sole discretion, to decide which features are included or excluded and to change these features at any time.

RIGHT TO UPDATE OUR SOFTWARE

In connection with any modification of the Splinterware Service, Splinterware may recommend you download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Splinterware Service. Splinterware will endeavor to provide you with notice to to install the update; however, in certain circumstances (e.g., security risks, retiring old versions), Splinterware may require you to install the update to continue accessing the Splinterware Service. In all cases, you agree to permit Splinterware to deliver these updates to you (and you to receive them) as part of your use of the Splinterware Service.

INDEMNITY

You agree to indemnify and hold Splinterware, its subsidiaries, affiliates, officers, agents, employees, advertisers, Service Providers and other partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Splinterware Service, any violation of these Terms of Service or any other actions connected with your use of the Splinterware Service. In the event of such claim, we will endeavor to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

To the maximum extent permitted by law, the Splinterware Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SPLINTERWARE SERVICE AND THE PURCHASE AND USE OF ANY SERVICES ARE ALL AT YOUR SOLE RISK.

THE SPLINTERWARE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, INCLUDING BUGS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPLINTERWARE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SPLINTERWARE DOES NOT WARRANT THAT (i) THE SPLINTERWARE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SPLINTERWARE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SPLINTERWARE SOFTWARE OR SPLINTERWARE SERVICE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SPLINTERWARE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPLINTERWARE OR THROUGH OR FROM THE SPLINTERWARE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPLINTERWARE, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF SPLINTERWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SPLINTERWARE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SPLINTERWARE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SPLINTERWARE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SPLINTERWARE SERVICE; (v) SPLINTERWARE'S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR BASIC SUBSCRIBER INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SPLINTERWARE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SPLINTERWARE SERVICE.

EXCLUSIONS AND LIMITATIONS.

NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

CONTACT INFORMATION

If you have questions or concerns related to these Terms of Service, you may contact us by email at support@splinterware.com.