ShareRing END USER LICENSE AGREEMENT (SR-EULA)
The ShareRing Application ( SR App ) is licensed, not sold, to you. Your license to the SR App is subject to your prior acceptance of this ShareRing End User License Agreement ( SR-EULA ). Your license to the SR App is granted by ShareRing Limited ( ShareRing ) Malta incorporated company that has its principal place of business The Penthouse, Capital Business Centre, Suite 2, Entrance C, Triq Taz-Zwejt Street, San Gwann SGN, 3000, Malta pursuant to the terms and conditions detailed in this SR-EULA.
ShareRing may modify or amend the terms of this SR-EULA by posting a copy of the modified or amended terms and conditions on the ShareRing website. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the SR App following the date in which the modified or amended SR_EULA is posted on the ShareRing website in the end-user agreement link. Please check frequently for updates to these terms. If you do not agree with any updated terms, (i) you must notify ShareRing at email@example.com within three (3) days from the posting date, (ii) you must stop using the SR App permanently, and (iii) your subscription will terminate.
References to “you” and variations of it refer to each person activating the SR App. Each individual user requires a separate SR-EULA to access and use the SR App. ShareRing reserves all rights in and to the SR App not expressly granted to you under this SR-EULA as follows:
- Scope of License:
a. ShareRing grants to you a revocable, non-transferable, non-exclusive license to download, install and use the SR App solely for personal, non-commercial purposes (“Permitted Purposes”) strictly in accordance with the terms of this Agreement.
b. You may not distribute or make the SR App available over a network where it could be used by multiple devices at the same time.
c. You may not transfer, redistribute, or sublicense the SR App and, if you sell your device to a third party, you must remove the SR App from your device before doing so.
d. You may not copy (except as permitted by law), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the SR App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open-sourced components included with the SR App).
- Restrictions on Use
(a) make any modification, adaptation, improvement, enhancement, translation, or derivative work from or to the SR App;
(b) violate any applicable laws, rules, or regulations in connection with your access or use of the SR App;
(c) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) or license term file of ShareRing or its affiliates, partners, suppliers, or the licensors of any component of the SR App for other purposes for which it is not designed or intended;
(d) install, use or permit the SR App to exist on a device not owned or controlled by you or on more than one device at a time;
(e) distribute the SR App to multiple devices or to third-parties, resell the SR App;
(f) make the SR App available over a network or other environment permitting access or use by multiple devices or users at the same time;
(g) use or reference the SR App for creating a product, service or software, including without limitation, a software, service or product that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by ShareRing; or
(h) use any proprietary information or interfaces of ShareRing or other intellectual property of ShareRing in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the SR App.
- Consent to Use of Data
This Agreement shall remain in effect until terminated by you or ShareRing. ShareRing may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from ShareRing, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application from your mobile device.
- External Services
a. The SR App may enable access to ShareRing’s and/or third-party services and websites (collectively and individually, “External Services”).
b. You agree to use the External Services at your sole risk.
c. ShareRing is not responsible for examining or evaluating the content or accuracy of any External Services and shall not be liable for any such External Services.
d. The ways in which you can use the SR App may also be controlled by the Google Play Terms of Service.
e. Data displayed by the SR App or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by ShareRing or its agents.
f. You will not use the External Services in any manner that is inconsistent with the terms of this SR-EULA or that infringes the intellectual property rights of ShareRing or any third party.
g. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that ShareRing is not responsible for any such use.
h. You understand and acknowledge that some or all of the External Services may not be available in all languages or in your home jurisdiction and may not be appropriate or available for use in any particular location.
i. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws.
j. ShareRing reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
- Intellectual Property
You acknowledge that all Intellectual Property Rights in the source code to the SR App, the SR App and any maintenance releases belong and will belong to ShareRing, and you will have no rights in or to the SR App other than the right to use it in accordance with the terms of this license.
- No Warranty
You expressly acknowledge and agree that use of the sr app is at your sole risk. To the maximum extent permitted by applicable law, the sr app and any services performed or provided by the sr app are provided “as is” and “as available,” with all faults and without warranty of any kind, and sharering hereby disclaims to the fullest extent permitted by law (whether common law, civil law, equity or statutory) all warranties and conditions with respect to the sr app and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. No oral or written information or advice given by licensor or its authorized representative shall create a warranty. Should the sr app or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
- Limitation Liability
Limitation liabilityTo the extent not prohibited by law, in no event shall sharering be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the sr app, however, caused, regardless of the theory of liability (contract, tort, or otherwise) and even if sharering has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall sharering’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Export Restrictions
You may not use or otherwise export or re-export the SR App except as authorized by Australian law and the laws of the jurisdiction in which the SR App was obtained. In particular, but without limitation, the SR App may not be exported or re-exported (a) into any U.S. or Australian embargoed country or countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the SR App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law or Australia.
- Commercial Items
The SR App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
- Governing Law
a. Except where the jurisdiction that you reside in specifically prohibits any overriding governing law clause, this Agreement and the relationship between you and ShareRing shall be governed by the laws of the State of Victoria, Australia.
b. You and ShareRing agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria, to resolve any dispute or claim arising from this Agreement.
- Exclusion of UN Convention
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.