Description EULA FAQ

Executive Watchface

Copyright (c) 2015 Wearable Designs

End User License Agreement - Version Executive 1.0

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

This product is supplied by AdminExcellence LTD Trading as Wearable Designs and will be hereby refered to as Wearable Designs for the purposes of this agreement.

By receiving, opening the file package, and/or using Executive Watchface("Software") containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Wearable Designs your use of Executive Watchface indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Wearable Designs grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Executive Watchface in accordance with this Agreement and any other written agreement with Wearable Designs. Wearable Designs does not transfer the title of Executive Watchface to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Wearable Designs and the purchasers or users of Executive Watchface.

If you do not agree to be bound by this agreement, remove Executive Watchface from your computer now and, if applicable, promptly return to Wearable Designs by mail any copies of Executive Watchface and related documentation and packaging in your possession.

2. DISTRIBUTION

Executive Watchface and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Executive Watchface contact Wearable Designs.

3. USER AGREEMENT

3.1 Use

Your license to use Executive Watchface is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Executive Watchface.

3.2 Use Restrictions

You shall use Executive Watchface in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Executive Watchface together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of Executive Watchface may be used on one device by one user. Use of Executive Watchface means that you have loaded, installed, or run Executive Watchface on a device. If you install Executive Watchface onto a multi-user platform, server or network, each and every individual user of Executive Watchface must be licensed separately.

You may make one copy of Executive Watchface for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Executive Watchface. The assignment, sublicense, networking, sale, or distribution of copies of Executive Watchface are strictly forbidden without the prior written consent of Wearable Designs. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Executive Watchface. If any person other than yourself uses Executive Watchface registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Executive Watchface. Nor can you create any derivative works or other works that are based upon or derived from Executive Watchface in whole or in part.

Wearable Designs's name, logo and graphics file that represents Executive Watchface shall not be used in any way to promote products developed with Executive Watchface. Wearable Designs retains sole and exclusive ownership of all right, title and interest in and to Executive Watchface and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Executive Watchface, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Wearable Designs. Weather information is supplied under license from OpenWeatherMap and is subject to copyright which is held by OpenWeatherMap.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Wearable Designs, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Wearable Designs's Software.

In no event (including, without limitation, in the event of negligence) will Wearable Designs, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Executive Watchface or the use or inability to use Executive Watchface or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Wearable Designs's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Wearable Designs ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Wearable Designs.

3.5 Warranties

Except as expressly stated in writing, Wearable Designs makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the England and Wales applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United Kingdom therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Executive Watchface and destroy all copies of Executive Watchface supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Executive Watchface AS WELL.

5. CONSENT OF USE OF DATA

You agree that Wearable Designs may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Executive Watchface. Wearable Designs may also use this information to provide notices to you which may be of use or interest to you.

6. LEGAL STATUS

Wearable Designs is a trading name of AdminExcellence Ltd. Registered in UK. Company Number: 09479053