END-USER LICENSE AGREEMENT FOR Wish l!st IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL:
Wish l!st is created by Martin van Zuilekom, owner of Cubeactive.com (The creator of Wish l!st will be referred to as "Cubeactive" in this document)
Cubeactive End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Cubeactive. for the Cubeactive software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Cubeactive, (referred to as "licenser"), 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 PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
Cubeactive grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows 95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME, Windows Vista, Android, IOs].
(b) Backup Copies.
You may also make copies of the SOFTWARE PRODUCT 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 PRODUCT.
You may not distribute registered copies of the SOFTWARE PRODUCT to third parties.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
(e) Support Services.
Cubeactive will not provide any support services under this EULA. This EULA does not give you any rights to any updates or upgrades to the Software or to any extensions or enhancements to the SOFTWARE PRODUCT at any time in the future.
In case Cubeactive does provide you with additional free or paid support services related to the SOFTWARE PRODUCT ("Support Services") any supplemental software code provided to you as part of the Support Services shall considered to be part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA, unless stated otherwise.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, Cubeactive 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 PRODUCT in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Cubeactive or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT 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 Cubeactive.
5. NO WARRANTIES
Cubeactive expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Cubeactive does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Cubeactive 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. Cubeactive further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Cubeactive 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 PRODUCT, even if Cubeactive has been advised of the possibility of such damages. In no event will Cubeactive be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Cubeactive shall have no liability with respect to the content of the SOFTWARE PRODUCT 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.
7. CONSENT TO USE OF DATA.
You agree that Cubeactive may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the SOFTWARE PRODUCT. Cubeactive may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
Read section 8 for terms of data usage by services provided or accessed by the SOFTWARE PRODUCT.
8. SERVICES; THIRD PARTY MATERIALS.
The SOFTWARE PRODUCT may enable access to Cubeactive’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Cubeactive shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Cubeactive is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Cubeactive does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Cubeactive, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Cubeactive is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed in or linked to from the SOFTWARE PRODUCT are not available in all languages or in all countries. Cubeactive makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Cubeactive, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Cubeactive be liable for the removal of or disabling of access to any such Services. Cubeactive may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
The SOFTWARE PRODUCT may send data stored by you with the SOFTWARE PRODUCT to any of the Services. You agree that usage, sharing, collecting and storage of this data will fall under the privacy statement or EULA of the (third party) service. [Examples of this usage are search queries for displaying web search results provided by web search services, content aware advertisement services, location data for map/navigation services]
The SOFTWARE PRODUCT may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored by you with the SOFTWARE PRODUCT, queries made through the SOFTWARE PRODUCT or Services provided by the SOFTWARE PRODUCT or other information.
The manner, mode and extent of advertising by Cubeactive in the SOFTWARE PRODUCT are subject to change without specific notice to you.
In consideration for Cubeactive granting you access to and use of the SOFTWARE PRODUCT, you agree that Cubeactive may place such advertising in the SOFTWARE PRODUCT.
Third parties may be using cookies, web beacons, and other technologies to collect information as a result of ad serving, you agree that third parties may use these technologies.
By using the SOFTWARE PRODUCT, you agree that third parties may try to use your coarse location to optimize ads for you.
The SOFTWARE PRODUCT may use internet data connections. Data charges may apply depending on which WiFi, 3G or other internet connection you are using.
By using the SOFTWARE PRODUCT you agree that some application-based data will be visible to other users or be used for the Application to work.
The SOFTWARE PRODUCT may contain content provided by other users. Cubeactive can in no way be held responsible for any content provided by users.