Application License Agreement for Devices
1.1 WARRANTY DISCLAIMER. THE APPLICATION AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. PHONE DOCTOR PLUS DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE APPLICATION, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, PHONE DOCTOR PLUS MAKES NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE APPLICATION AFTER TERMINATION OF THIS AGREEMENT.
1.2 BINDING AGREEMENT: By using, copying or distributing all or any portion of the Phone Doctor Plus Application, you accept all the terms and conditions of this agreement.
Upon acceptance, this agreement is enforceable against you and any entity that obtained the Application and on whose behalf it is used. If you do not agree, do not Use the Application.
“Phone Doctor Plus” means iDea Mobile Technology Ltd.
“Device” means a mobile device, handheld phone, PDA, or other substantially similar Internet appliance or Internet-connected device.
“Application” means (a) all of the contents of the files (delivered electronically or on physical media), which may include (i) Phone Doctor Plus information or application; (ii) related explanatory written materials or files (“Documentation”); and (b) upgrades, modified versions, updates, additions, and copies of the foregoing, provided to you by Phone Doctor Plus at any time (collectively, “Updates”).
“Use” means to access, install, download, copy, or otherwise benefit from using the functionality of the Application.
3. Application License.
If you obtained the Application from App Store or Google Play, and subject to your compliance with the terms of this agreement, including the restrictions in Section 4, Phone Doctor Plus grants to you a non-exclusive license to Use the Application, in all cases solely for the installation and Use of the unmodified Application on the Authorized Operating Systems, in the manner and for the purposes described in the Documentation as follows:
3.1 General Use. You may install and Use the Application on your Device. See Section 4 for important restrictions on the Use of the Application.
3.2 Distribution. This license does not grant you the right to sublicense or distribute the Application.
4.1 Notices. You shall not alter or remove any copyright or other proprietary notice that appears on or in the Application.
4.2 No Modification or Reverse Engineering. You shall not modify, adapt, translate or create derivative works based upon the Application. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Application.
5. Intellectual Property Ownership, Reservation of Rights.
The Application that you make are the intellectual property of Phone Doctor Plus. The structure, organization and code of the Application are the valuable intellectually property (e.g. trade secrets and confidential information) of Phone Doctor Plus. The Application is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Application and all rights not expressly granted are reserved by Phone Doctor Plus.
6. Connectivity and Privacy. You acknowledge and agree to the following:
6.2 Phone Doctor Plus will NOT transfer any personal privacy information.
7. Limitation of Liability.
IN NO EVENT WILL PHONE DOCTOR PLUS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A PHONE DOCTOR PLUS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. PHONE DOCTOR PLUS’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE APPLICATION(USD $0.99; when download the Application for free, Phone Doctor Plus shall not pay for aggregate liability), IF ANY. Nothing contained in this agreement limits Phone Doctor Plus’s liability to you in the event of death or personal injury resulting from Phone Doctor Plus’s negligence or for the tort of deceit (fraud). For further information, please see the jurisdiction specific information at the end of this agreement, if any, or contact Phone Doctor Plus’s Customer Support.
8. Governing Law.
This agreement will be governed by and construed in accordance with the substantive laws in force: in Taiwan R.O.C., if a license to the Application is obtained. The respective courts of Kaohsiung, Taiwan R.O.C. when the Law of Taiwan R.O.C. applies, shall each have non-exclusive jurisdiction over all disputes relating to this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
9. General Provisions.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. This agreement shall not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be modified by a writing signed by an authorized officer of Phone Doctor Plus. Updates may be licensed to you by Phone Doctor Plus with additional or different terms. This is the entire agreement between Phone Doctor Plus and you relating to the Application and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Application.