MACHAPP Software Ltd EULA (End-User License Agreement)

Definitions


'Company', 'MACHAPP' shall mean MACHAPP Software Ltd

'Support Services' shall mean any services provided by the company to end-users regarding the installation and/or use, though e-mail, the Company's websites or otherwise.

'Software', 'Application', 'App' or 'Apps' shall mean any of the software (or other related material) developed by MACHAPP Software Ltd, including (but not limited to) the following:

  • 3D flip clock & weather
  • 3D sense clock & weather
  • Digital clock & weather
  • Sense clock & weather
  • Sense V2 clock & weather
  • Transparent clock & weather
  • Relax sounds
  • Christmas live wallpapers
  • Halloween live wallpaper
  • Alpha wallpapers

This End-User License Agreement (EULA) covers all Software developed by the Company


IMPORTANT

PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL:

The Company's End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the Company for the Software which may include software components, media, printed materials, and "online" or electronic documentation.

By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and the Company, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the Software.

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.

1. GRANT OF LICENSE.

The Software is licensed as follows:
(a) Installation and Use.
The Company grants you the right to install and use copies of the Software on your phone or tablet running a validly licensed copy of the operating system for which the Software was designed [e.g., Android].
(b) Backup Copies.
You may also make copies of the Software as may be necessary for backup and archival purposes.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the Software.

(b) Distribution.
You may not distribute registered copies of the Software to third parties.

(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(d) Rental.
You may not rent, lease, or lend the Software.

(e) Support Services.
The Company may provide you with support services related to the Software. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this EULA.

(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the Software.

(h) Application updates and features.
We regularly update our Apps to fix bugs, improve functionality and new features. We reserve the right to add or remove features or functions to existing MACHAPP Apps. You may receive updates to our Apps automatically or manually, depending on the relevant settings on your device.

You acknowledge and agree that you are responsible for keeping our Apps updated to the latest version for the best functionality and support provided by MACHAPP.

You acknowledge and agree that we may terminate without prior notice any obligation we may have to support previous versions of our Apps.

You acknowledge and agree that we have no obligation to make available to you new features, updates or new versions of our Apps.

3. TERMINATION

Without prejudice to any other rights, the Company 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 in your possession.

4. PURCHASES, SUBSCRIPTIONS, IN-APP PURCHASES AND CANCELLATIONS

Certain Apps are available for purchase and/or may support in-app purchases and/or subscriptions for additional services and/or features. In these cases, payments are handled by the Google Play™ store. In case you are making a purchase, an in-app purchase or subscription of one of our Software note that you are bound by the Google Play™ store terms of service. Also note that any cancellations for purchases, in-app purchases and/or subscriptions that are within the trial period of the Google Play™ store are also handled by the Google Play™ store. You can review the Google Play™ store terms of service here.

4.1. SUBSCRIPTIONS
a. Free Trial Period: Subscriptions may include a free trial period. You will be charged automatically at the end of the trial period unless you cancel the subscription at least 24 hours before the trial ends to avoid charges.
b. Billing Period and Amount: The billing period and billing amount for a subscription are specified on the subscription page of the app, from which you can purchase the subscription.
c. Automatic Renewal: Subscriptions renew automatically at the end of the billing period. If you cancel a subscription, you will retain access to subscription benefits until the end of the current subscription period. If you cancel and the Company agrees to issue a refund, access to the subscription benefits will be revoked immediately upon cancellation.
d. Changes to Subscription Terms: We reserve the right to change the subscription billing amount and/or trial period at any time without prior notice. If there is a change in the subscription amount, you will be notified by Google Play before the next subscription renewal, and you will need to agree to the change for the subscription to continue.

5. COPYRIGHT

All title, including but not limited to copyrights, in and to the Software and any copies thereof are owned by the Company or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by the Company.

6. NO WARRANTIES

The Company expressly disclaims any warranty for the Software. The Software is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. The Company does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software. The Company makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. The Company further expressly disclaims any warranty or representation to Authorized Users or to any third party.

7. LIMITATION OF LIABILITY

In no event shall the Company be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the Software, even if the Company has been advised of the possibility of such damages. In no event will the Company be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. The Company shall have no liability with respect to the content of the Software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

8. USE OF ANONYMOUS DATA

You agree that we may collect and use anonymous technical data and other related information, including but not limited to technical device and system information and user activity within our Applications. This information will be gathered periodically and used to improve user experience, software quality and support. All information we collect is bound by our Privacy Policy which is located here.

PRIVACY POLICY
Click here for the latest version of our Privacy Policy.

Updated on August 7th, 2020