End User Licence Agreement
This End User License Agreement (the “EULA”) is a binding legal agreement between you, as an individual and Added Influence Inc. (“Added Influence”). By downloading, installing, or using this application for Android, iOS or other mobile platform, as applicable (the “Software”), you agree to be bound by the terms of this EULA. If you do not agree to the EULA, do not check the “I accept the terms” box and do not use the Software.
The Software is provided to you under this EULA solely for your private use. Use of the Software or of the Added Influence content, information, advertising functionality, or any other services (“Added Influence Service“) within an organization or the use of multiple copies of the Software (except a back-up copy) is forbidden.
1. Description of Software
The Software is a downloadable software application that enables you to access Added Influence functionality directly from your Android, iPhone, iPad or other mobile device supported by Added Influence (“Device“). You may download the Software whether or not you use the Added Influence Service, but you must associate it with your Added Influence Account to enable its full functionality.
Added Influence hereby grants you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable personal license to:
- Use the Software for your own personal use;
- Install the Software on only one Device; and
- Make one copy of the Software in any machine readable form solely for back-up purposes, provided you reproduce the Software in its original form and with all proprietary notices on the back-up copy.
For clarity, the foregoing is not intended to prohibit you from installing and backing-up the Software for another Device on which you also agreed to the EULA. Each instance of this EULA that you agree to grants you the aforementioned rights in connection with the installation, use and back-up of one copy of the Software on one Device.
3. Title and Intellectual Property Rights
You acknowledge and agree that the Software is provided under licence, and not sold. You do not acquire any ownership interest in the Software under this EULA, or any other rights thereto, other than to use the same in accordance with the licence granted and subject to all terms, conditions and restrictions under this EULA and the Terms and Conditions. Added Influence reserves and shall retain its entire right, title and interest in and to the Software and all intellectual property rights arising out of or relating to the Software, except as expressly granted to you in this EULA or in the Terms and Conditions. You shall safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access. You shall promptly notify Added Influence if you become aware of any infringement of Added Influence’s intellectual property rights in the Software and fully cooperate with Added Influence in any legal action taken by Added Influence to enforce its intellectual property rights.
4. Collection and Use of Information
You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You may not:
- Create derivative works based on the Software;
- Use the software for any purpose other than as described in this EULA or the Terms and Conditions;
- Copy or reproduce the Software except as described in this EULA;
Sell, assign, license, disclose, distribute or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties;
- Alter, translate, decompile, reverse assemble or reverse engineer the Software, or attempt to do any of the foregoing, except to the extent this prohibition is not permitted under an applicable law; or
- Remove or alter any proprietary notices or marks on the Software.
The Software may contain technological copy protection or other security features designed to prevent unauthorized use of the Software, including features to protect against any use of the Software that is prohibited under this Section 4. You shall not, and shall not attempt to, remove, disable, circumvent or otherwise create or implement any workaround to, any such copy protection or security features.
6. Personal Information and Privacy
7. No Warranty
ADDED INFLUENCE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE IS OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. ADDED INFLUENCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
8. Right to Terminate or Modify Software
Added Influence may modify the Software and this EULA with notice to you either in email or by publishing notice on the Software, including but not limited to charging fees for the Software, or changing the functionality or appearance of the Software. In the event Added Influence modifies the Software or the EULA, you may terminate this EULA and cease use of the Software. Added Influence may terminate your use of the Software, the EULA or the Added Influence Service at any time, with or without notice.
You may terminate this EULA by ceasing to use and destroying all copies of the Software.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Added Influence and its affiliates, their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including solicitor’s fees) arising out of or relating to your breach of the EULA or Terms and Conditions or your use of the Software, including, but not limited to third party websites, any use of the content found on the Software, services and products other than as expressly authorized in the EULA or Terms and Conditions.
10. Limitation of Liability
THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND DEFECTS WITHOUT CONDITION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ADDED INFLUENCE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLDUING ALL IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
The EULA between you and Added Influence will be governed by and construed in accordance with the laws of the Province of Nova Scotia without regard to conflict of laws principles. The exclusive forum for any disputes arising out of or relating to this EULA shall be an appropriate court in the Halifax Regional Municipality, Nova Scotia.
If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this EULA will remain in full force and effect.
You may not assign this EULA, and any assignment of this EULA by you will be null and void.
Added Influence logos and names are trademarks of Added Influence. You agree not to display or use these trademarks in any manner without Added Influence’s prior, written permission.
The section titles and numbering of this EULA are displayed for convenience and have no legal effect.