LICENSE TERMS AND CONDITIONS OF USE FOR QUADWRANGLETM
PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS OF USE (THE "AGREEMENT") BEFORE USING THE QUADWRANGLETM APPLICATION (INCLUDING WITHOUT LIMITATION ALL OF THE CONTENT AND INTELLECTUAL PROPERTY THEREIN) AND UPDATES TO THE QUADWRANGLETM APPLICATION (COLLECTIVELY, "QUADWRANGLETM"). THIS AGREEMENT FORMS A BINDING LEGAL AGREEMENT BETWEEN YOU AND QUADWRANGLE, INC. (THE "COMPANY") AND GOVERNS YOUR USE OF QUADWRANGLETM.
YOU AFFIRM THAT YOU ARE EITHER 18 YEARS OF AGE, OR AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT AND ARE ABLE AND COMPETENT TO ENTER INTO AND TO ABIDE BY AND COMPLY WITH THIS AGREEMENT.
1. License Grant. QUADWRANGLETM is licensed, not sold, to you. The Company reserves all rights in and to QUADWRANGLETM not expressly granted to you under this Agreement.This license granted to you for QUADWRANGLETM by the Company is limited to a nontransferable license to use QUADWRANGLETM on no more than a total of three iOS-based devices that you own or control (such devices may be an Apple iPad, Apple iPod or Apple iPhone) and which use will be as permitted by the Usage rules set forth in the Apple App Store Terms of Service. This license does not allow you to use QUADWRANGLETM on any iOS-based device that you do not own or control, and you may not distribute or make QUADWRANGLETM available over a network where it could be used by multiple devices at the same time. You may not and may not permit any other party to sublicense, lease, rent, download, reproduce, modify, display, distribute, create a derivative work of or otherwise use all or any portion of QUADWRANGLETM. You may not attempt (or authorize, encourage or support attempts by others) to reverse-engineer or derive source code from QUADWRANGLETM or otherwise alter or interfere with QUADWRANGLETM. You shall not allow any unauthorized person to use your user name or password and shall promptly notify the Company of any unauthorized use. You are responsible for all activity occurring under your user name and password.
2. Ownership and Proprietary Rights. You acknowledge that QUADWRANGLETM and Services (as defined below) contain valuable intellectual property rights, are proprietary to the Company and its licensors and, except as expressly licensed herein, are the sole property of the Company. You will not obscure or remove any proprietary-rights notices of the Company or its licensors contained in QUADWRANGLETM or the Services regardless of how delivered and in what format or media.
3. Trademarks. QUADWRANGLETM is a trademarks of the Company . Apple, iOS, iPad, iPhone and iPod are trademarks of Apple, Inc. ("Apple"). No right, license, or interest in or to any trademarks of the Company, Apple or any third party is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademarks.
4. Consent to Use of Data. "Aggregate Data" means information that does not identify the user, and may include statistical information concerning use of QUADWRANGLETM and/or the Services. You agree that the Company may collect and use technical data and related information as Aggregate Data—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 QUADWRANGLETM and/or the Services. In addition, from time to time, the Company may undertake or commission statistical and other summary analyses of behavior of users of QUADWRANGLETM and/or the Services. The Company may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services to our customers.
5. Termination. This Agreement is effective as of the date You register with QUADWRANGLETM and will continue until terminated by you or the Company. Your rights under this License will terminate automatically without notice from the Company if you fail to comply with any term(s) of this Agreement. Upon termination of this Agreement, you shall immediately cease all use of QUADWRANGLETM and destroy all copies of all or any portion of QUADWRANGLETM.
6. Services; Third-Party Materials. QUADWRANGLETM may enable access to the Company's services and websites ("Services") and third-party services and websites ("External Services"). Use of the Services and External Services may require Internet access and your acceptance of additional terms of service. You agree that you will use the External Services at your sole risk and that the Company shall not have any liability to you in connection with External Services. Certain External 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 websites. By using the External Services, you acknowledge and agree that the Company 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 websites. The Company does not warrant or endorse and will not have any liability or responsibility to you or any other person for any third-party External Services, Third-Party Materials or websites, or any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you. To the extent you choose to access such External Services or Third Party 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.
7. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF QUADWRANGLETM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY MAKES NO WARRANTY AS TO THE DEVICE ON WHICH YOU MAY OPERATE QUADWRANGLETM, AND YOU SHALL LOOK SOLELY TO THE VENDOR OR MANUFACTURER THEREOF FOR ANY WARRANTY SERVICE . TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUADWRANGLETM AND ANY SERVICES PERFORMED OR PROVIDED BY OR ON BEHALF OF QUADWRANGLETM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO QUADWRANGLETM AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF TITLE, MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF QUADWRANGLETM, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY QUADWRANGLETM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF QUADWRANGLETM OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN QUADWRANGLETM OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD QUADWRANGLETM OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
THE COMPANY HEREBY NOTIFIES YOU IN ACCORDANCE WITH APPLE’S POLICIES AND PROCEDURES: IN THE EVENT OF ANY FAILURE OF QUADWRANGLETM TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR QUADWRANGLETM TO YOU IN ACCORDANCE WITH APPLE’S POLICIES AND PROCEDURES, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO QUADWRANGLETM.
8. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE QUADWRANGLETM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF THE COMPANY OR ITS LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Export Control. You may not use or otherwise export or re-export QUADWRANGLETM except as authorized by United States law and the laws of the jurisdiction in which QUADWRANGLETM was obtained. In particular, but without limitation, QUADWRANGLETM may not be exported or re-exported (a) into any U.S.-embargoed countries or countries that have been designated by the U.S. Government as a “terrorist supporting” country or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using QUADWRANGLETM, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
QUADWRANGLETM and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
10. No Relationship with Apple; Apple as Third Party Beneficiary. You acknowledge and agree that these License Terms and Conditions constitute a legal Agreement between you and the Company only, and not Apple. The Company, and not Apple, is solely responsible for QUADWRANGLETM and its content. The Company, and not Apple, is solely responsible for any QUADWRANGLETM warranties, maintenance and support as may be required by law. The Company, and not Apple, is solely responsible for addressing any and all claims by you or any third party relating to QUADWRANGLETM. The Company and you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this Agreement and that, upon your acceptance of these License Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these License Terms and Conditions against you as a third party beneficiary of these License Terms and Conditions.
11. Governing Law; Venue. The laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules, govern this license and your use of QUADWRANGLETM. Your use of QUADWRANGLETM may also be subject to other local, state, national, or international laws. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement shall be an appropriate federal or state court located in the Boston, Massachusetts, and the parties agree not to raise, and waive, any objections or defenses based upon venue or forum non conveniens.
12. Contact the Company. Please direct any questions, complaints or claims regarding QUADWRANGLETM to QuadWrangle, Inc., 31 St. James Ave, #920, Boston MA 02116, Attention: Customer Service.
13. Technical Specifications. QUADWRANGLETM current version 1.0. Size: 6.7mb. For use on Android (4.1 or greater) and iOS (6 or greater) with at least 8 gig of storage.