Actsoft End User License Agreement
By downloading this application (the “Software” or the “Application”), you agree, represent and warrant that your use of this Application will be solely for your lawful use and for no other purpose. You cannot use this Application to collect, or otherwise use any information to Engineer or Reverse Engineer a similar product offering for use internally or for resale. By requesting, subscribing to and/or using this Application, you are consenting and permitting Actsoft, Inc. ("Actsoft") to gather, collect, disclose and use information regarding the location of this device in order to deliver the location based services provided through the use of the Application you are downloading. Actsoft does not guarantee the accuracy or completeness of any information including location information displayed through this Application. Always use caution when displaying and disclosing personally identifiable information about yourself or your location to others. Do not attempt to enter or change information while driving. Service could be interrupted or disrupted due to atmospheric conditions and other factors associated with use of satellites and satellite data. Location based services may require the use of certain handsets. Internet access required for use. Airtime and/or Wireless Data charges apply.
Limitation of Liability.
IN NO EVENT WILL ACTSOFT OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO LICENSEE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND DATA AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF ACTSOFT OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. ACTSOFT’s CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO NO GREATER THAN THE AMOUNT OF MONEY PAID TO ACTSOFT FOR THE SOFTWARE THAT CAUSED THE DAMAGES.
Warranties and Representations.
LICENSEE AND ACTSOFT AGREE THAT THE SOFTWARE IS PROVIDED "AS IS" AND THAT ACTSOFT DOES NOT MAKE ANY WARRANTY AS TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. HENCE NO WARRANTY IS PROVIDED BY ACTSOFT OR ITS LICENSORS, WHO EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS.
Actsoft reserves any and all rights, implied or otherwise, which are not expressly granted to Licensee hereunder, and retains all rights, title and interest in and to the Software. Licensee agrees that it has no right whatsoever to modify the Software or any portion thereof in any manner. Licensee shall not reverse engineer, decompile, disassemble, modify, adapt, rent, lease, loan or create derivative works based upon the Software or any part thereof.