License for use and distribution
TERMS AND CONDITIONS
This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Tonelib (“Vendor”). This Agreement governs your use of the Tonelib mobile application for Apple iOS systems (including all related documentation, the “Application”).
BY DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/ INSTALL/USE THE APPLICATION.
1. License Grant.
Subject to the terms of this Agreement, Vendor grants you a limited, non-exclusive and nontransferable license to:
a)download, install and use the Application for your personal, noncommercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation.
2. License Restrictions.
Licensee shall not:
– copy the Application, except as expressly permitted by this license;
– modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
– reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
– remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
– rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device atany time; or
– remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
3. Reservation of Rights.
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Vendor and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Collection and Use of Your Information.
Vendor may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Vendor has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
– the Application will automatically download and install all available Updates; or
– you may receive notice of or be prompted to download and install available Updates.
6. Term and Termination.
– The term of Agreement commences when you download/install the Application and will continue in effect until terminated by you or Vendor as set forth in this Section 6.
– You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
Vendor may terminate this Agreement at any time without notice if it ceases to support the Application, which Vendor may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
a)all rights granted to you under this Agreement will also terminate; and
b)you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
Termination will not limit any of Vendor’s rights or remedies at law or in equity.
7. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Vendor OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY FOR ANY DAMAGES ARISING 7.FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION.THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR Vendor WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Vendor and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that Vendor assumes no responsibility for the content you submit or make available through this Application.
9. Export Regulation.
The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the US.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
11. Entire Agreement.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Tonelib (“Vendor” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:
- The types of information we may collect or that you may provide when you download, install and use the Tonelib mobile application (the “Application”).
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies only to information we collect in this Application and in email, Tonelib website, text, and other electronic communications sent through, or in connection with, this Application.
This policy DOES NOT apply to information that:
-We collect offline or on any other Vendor apps or other websites.
- You provide to or is collected by any third party.
Information We Collect and How We Collect It.
We collect information from and about users of our Application:
Directly from you when you provide it to us.
Automatically when you use the Application.
Information You Provide to Us.
We collect information from and about users of our Application:
When you download, access, and use this Application, we may ask you provide information:
By which you or others (the weld operator) may be personally identified, such as name, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”).
We also ask you to provide photographs of relevant materials, documents for which we instruct you and you acknowledge that such photographs or documents will not include identifiable individuals without their informed consent.
Automatic Information Collection.
When you download, access, and use the Application, it may use technology to automatically collect:
- Usage Details. When you access and use the Application, we may automatically collect certain details of your access to and use of the Application, including communication data and the resources that you access and use on or through the Application.
- Device Information. We may collect information about your mobile device, including the device’s unique device identifier, operating system, mobile network information, and the device’s telephone number.
If you do not want us to collect this information do not download the Application or cease all use of the Application and delete it from your device.
How We Use Your Information.
We use information that we collect about you or that you provide to us, including any personal information, to:
- Provide you with the Application and its contents, and any other information, products or services that you request from us.
- Fulfill any other purpose for which you provide it.
The usage information we collect helps us to improve our Application and to deliver a better and more personalized experience by enabling us to:
- Store information about your preferences, allowing us to customize our Application according to your individual interests.
- Recognize you when you use the Application.
- Provide you with information such as sales, new update and other Application related information ONLY.
- Disclosure of Your Information
We may disclose personal information that we collect or you provide.
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To fulfill the purpose for which you provide it. For example, if you give us an email address to use the reporting feature of our Application, we will transmit the contents of that email and your email address to the recipients.
For any other purpose disclosed by us when you provide the information.
You can review and change your personal information by logging into the Application and visiting your account profile page.You may also send us an email at email@example.com to request access to, correct, or delete any personal information that you have provided to us.
We cannot delete your personal information except by also deleting your user account.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Application, you are responsible for keeping this password confidential.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Application. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.