EULA - End-User Software License Agreement for Metronome Android application.
PLEASE CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") FOR THE LICENSE OF METRONOME ANDROID APPLICATION ("SOFTWARE") BY THE VENDOR SONIC HIGHWAY LTD HEREIN CALLED ("SONIC HIGHWAY LTD"). BY USING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SOFTWARE.
1. License Grant.
SONIC HIGHWAY LTD grants to you a non-exclusive, non-transferable License to use the Software. SONIC HIGHWAY LTD warrants that it owns all intellectual property rights related to the Software and will defend and keep you harmless if any third party intellectual property claims arise.
2. Ownership Rights.
The Software is protected by European copyright laws and international treaty provisions. All intellectual property rights related to the Software are the property of SONIC HIGHWAY LTD. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software.
You may not rent, lease, loan, sublicense, resell or otherwise transfer rights to the Software. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by SONIC HIGHWAY LTD.
By clicking "Accept," you represent that you have paid SONIC HIGHWAY LTD any and all applicable license fees for the Software.
5. Warranty Disclaimer.
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SONIC HIGHWAY LTD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. SONIC HIGHWAY LTD MAKES NO WARRANTY THAT THE SOFTWARE WILL BE FREE FROM DEFECTS OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL SONIC HIGHWAY LTD OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, WORK STOPPAGE OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL SONIC HIGHWAY LTD BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE SONIC HIGHWAY LTD CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF SONIC HIGHWAY LTD SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
7. Further Limitation of Liability.
THE SOFTWARE IS NOT DESIGNED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE. SONIC HIGHWAY LTD EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH-RISK ACTIVITIES. YOU AGREE THAT SONIC HIGHWAY LTD WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE IN SUCH APPLICATIONS.
This Agreement is governed by the law of United Kingdom of Great Britain and Northern Ireland and the parties agree that the sole location and venue for any litigation which may arise hereunder shall be United Kingdom of Great Britain and Northern Ireland. This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of SONIC HIGHWAY LTD. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by SONIC HIGHWAY LTD or a duly authorized representative of SONIC HIGHWAY LTD. If any provision of this Agreement is held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.