End-User License Agreement for SPOT Shared Page Mobile for
BlackBerry®
Effective: October 20th, 2009
YOUR USE OF THE SOFTWARE DISTRIBUTED WITH THIS LICENSE IS SUBJECT TO
ALL OF THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT. IF
YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS
STATEMENT, DO NOT USE THE SOFTWARE.
This End-User License Agreement ("EULA") is a legal agreement between
you (either an individual or a single entity) and Jonathan Beech,
the author of SPOT Shared Page Mobile ("Software Author") for the
Software Product specified in this EULA.
"You" or "your" as used herein means the person or company who is
being licensed to use the Software Product, as defined below.
The "Software Product" as used herein means the SPOT
Shared Page Mobile application for BlackBerry®.
1. License grant. You are granted a non-exclusive license to use the
Software Product according to the terms set forth in this agreement.
All ownership and copyright to the materials in this package, both
Software Product and Documentation, remain exclusively with the
Software Author. You may not modify the Software Product or disable any
licensing or control features of the Software except as an intended
part of the Software's programming features.
2. Data Plan Fees. You are responsible for any applicable charges and
fees associated with any data plan fees or other subscription charges
or fees of any kind whatsoever that may be required by your carrier to
access the SPOT Shared Page Mobile Application. SPOT Shared Page Mobile
requires access to the internet to load and display Shared Page data.
The 'Search Inbox' feature of the Software Product requires access to
your BlackBerry® inbox to locate Share Page link information.
3. Copyright. The Software Product is protected by United States
copyright law and international treaty provisions. You acknowledge that
no title to the intellectual property in the Software Product is
transferred to you. You further acknowledge that title and full
ownership rights to the Software Product will remain the exclusive
property of the Software Author and you will not acquire any rights to
the Software Product except as expressly set forth in this license.
You agree that any copies of the Software Product will contain the same
proprietary notices which appear on and in the software.
4. Limitations. You are not allowed to redistribute the software. You
are not allowed to reverse engineer, decompile, disassemble the
Software Product, or attempt to discover the source code of the
Software Product, except and only to the extent that such activity is
explicitly admissible by applicable law notwithstanding this limitation.
5. Disclaimer of warranty. The Software Product is provided "AS IS"
without any warranty, either expressed or implied, including, but not
limited to, the implied warranties of merchantability and fitness for a
particular purpose. You accept all risk as to the performance of the
software. In no way will the Software author be liable for any damages
or loss caused by the use, or inability to use this Software Product,
regardless of the Software Author's awareness of the potential for such
damages or loss. In no event will the Software Author be liable to you
for any damages, including any lost profits, lost savings, or other
incidental or consequential damages arising from the use or the
inability to use the Software Product (even if the Software Author or
an authorized dealer or distributor has been advised of the possibility
of these damages), or for any claim by any other party.
6. Limitation of liability. The Software Author's total aggregate
liability arising with respect to this agreement will not exceed $1.00.
7. Termination of License. This Agreement takes effect upon your
acceptance of the terms of this Agreement and remains effective until
terminated by either party in accordance with this Agreement. You may
terminate this Agreement at any time by destroying all copies of the
Software Product in your possession and giving prompt notice of same.
Without prejudice to any other rights, the Software Author may
terminate this EULA if you fail to comply with the terms and conditions
of this EULA. In such event, you must destroy all copies of the
Software Product and all of its component parts.
8. Miscellaneous. The Software Product was not developed by SPOT LLC
and is not supported by them. Support questions can be sent to the SPOT
Shared Page Mobile support email address posted on the BlackBerry App
World store. Do not use this Software Product while driving.