This License Agreement (the "Agreement") is entered into by and between [International Business Connect] ("Licensor") and the end user ("Licensee") of the [Message in a Bottle] mobile application (the "App").
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE APP. BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE APP.
Grant of License: Licensor hereby grants Licensee a limited, non-exclusive, non-transferable, and revocable license to use the App for personal, non-commercial purposes in accordance with the terms and conditions of this Agreement.
Intellectual Property: 2.1 Ownership: The App and all intellectual property rights, including but not limited to copyrights, trademarks, and trade secrets, associated with the App are the property of Licensor. Licensee acknowledges that no ownership or proprietary rights are transferred or assigned to Licensee under this Agreement. 2.2 Restrictions: Licensee shall not, and shall not permit others to: (a) copy, modify, distribute, sublicense, lease, rent, or otherwise exploit the App; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App; (c) remove, alter, or obscure any proprietary notices or labels on the App; (d) use the App for any illegal, unauthorized, or unethical purposes; or (e) use the App in a manner that could damage, disable, overburden, or impair the functionality of the App or interfere with any other party's use and enjoyment of the App.
Privacy and Data Collection:
Licensor may collect certain personal and non-personal information from Licensee in connection with the use of the App. Licensee hereby consents to the collection, storage, and use of such information by Licensor in accordance with Licensor's Privacy Policy.
RESTRICTIONS:
LICENSEE shall not, and shall not allow any third party to: (a) modify, adapt, translate, or create derivative works of the APP; (b) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the APP, except as expressly permitted by applicable law; (c) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the APP; (d) distribute, sublicense, sell, rent, lease, or otherwise transfer the APP to any third party; or (e) use the APP in any manner that violates applicable laws or regulations.
Updates and Support:
Licensor may provide updates, upgrades, or bug fixes to the App at its sole discretion. Licensor may also offer technical support, subject to its availability. Licensee acknowledges that Licensor is not obligated to provide any updates or support, and this Agreement does not guarantee any specific level of updates or support.
NOTICE REGARDING UNACCEPTABLE BEHAVIOR
This notice ("Notice") is provided by Message in a Bottle ("Company") to all users ("Licensee”) of the Message in a Bottle mobile application (the "App").
Unacceptable Behavior:
Company takes a strong stance against any form of unacceptable behavior that may occur during the use of the App. Unacceptable behavior includes, but is not limited to:
Harassment: Engaging in any conduct that is intimidating, threatening, or abusive towards other Users or Company representatives.
Discrimination: Engaging in any discriminatory behavior based on race, ethnicity, gender, sexual orientation, religion, or any other protected characteristic.
Unauthorized Access: Attempting to gain unauthorized access to other Users' accounts, personal information, or any part of the App's infrastructure.
Malicious Activity: Engaging in any activity that could harm or disrupt the App, other Users, or Company's systems, including but not limited to hacking, spreading malware, or conducting phishing attacks.
Violation of App Policies: Breaching any of the terms and conditions, guidelines, or policies outlined in the App's License Agreement or any other applicable agreements.
Consequences of Unacceptable Behavior:
Any User found engaging in unacceptable behavior, as determined by Company in its sole discretion, may face the following consequences:
Warning: Company may issue a warning to the User, highlighting the specific unacceptable behavior and requesting an immediate cessation.
Suspension: Company may temporarily suspend the User's access to the App, either partially or completely, for a specified period of time.
Termination: Company may terminate the User's access to the App permanently, preventing any future use.
Legal Action: In severe cases or where required by applicable law, Company may pursue legal action against the User.
Reporting Unacceptable Behavior:
Users who experience or witness any unacceptable behavior within the App are encouraged to report such incidents to Company promptly. Reports can be submitted through the designated reporting channels, as communicated by Company.
User Cooperation:
Users are expected to cooperate fully with Company's investigations of reported incidents of unacceptable behavior. Users should provide accurate and truthful information to assist in resolving such matters.
No Liability:
Company shall not be liable under any circumstances for any damages or losses suffered by Users resulting from another User's unacceptable behavior. Each User is responsible for their own actions and interactions within the App.
Modification of Notice:
Company reserves the right to modify or update this Notice at any time. Users are responsible for regularly reviewing this Notice to stay informed of any changes.
DISCLAIMER OF WARRANTY:
THE APP IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE APP, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S TOTAL LIABILITY TO LICENSEE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE, IF ANY, FOR THE APP.
Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of New Hampshire. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in New Hampshire.
Entire Agreement: This Agreement constitutes the entire agreement between Licensor and Licensee concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements, understandings, or representations.
By using the App, Licensee acknowledges that Licensee has read and understood this Agreement and agrees to be bound by its terms and conditions.