Terms of Use And End User License Agreement (“EULA”)

This agreement (or "EULA") is a legal agreement between the person, company or organization ("You") that has licensed a software product ("Product") and Digital Eclairs LLC. ("Licensor" or "Application Provider"). The Product is to be obtained only through Apple's software distribution platform ("AppStore") and through Google's software distribution platform ("Google Play Store"). The "AppStore" and "Google Play Store" are referred to in this license as "Services". By installing and/or using any Product provided by the Licensor, You are confirming your acceptance of this agreement and you are agreeing to become bound by the terms of this agreement.


This EULA shall apply only to a Product supplied by the Licensor herewith regardless of whether other software or platform is referred to or described herein.


The Products transacted through the Services are licensed, not sold, to You for use only under the terms of this license. The Application Provider reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.” The Licensed Application is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") and/or with Google's operating system ("Android") and the aforementioned devices are referenced in this license as "Devices". The App Store Terms and Conditions and the Google Play Terms of Service are referenced in this license as "Usage Rules".


Scope of License

This license granted to You for the Licensed Application by Digital Eclairs is limited to a non-transferable, non-exclusive, limited right and license to use one copy of the Software for your personal non-commercial use on a single electronic device(mobile, computer or gaming system) unless otherwise specified in the Software documentation.


This license does not allow You to use the Licensed Application on any Devices that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.


Consent to Use of Data

You agree that Application Provider 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 Licensed Application. Application Provider 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.


Termination

The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.


Services; Third Party Materials

The Licensed Application may enable access to Application Provider’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 the Application Provider 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 the Application Provider 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. The Application Provider 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 the Application Provider, 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 the Application Provider 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 on or linked to from the Devices are not available in all languages or in all countries. The Application Provider 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. The Application Provider, 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 the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.


Consent to Use of Data

By installing, accessing or using the Digital Eclairs Product, You agree that Digital Eclairs “Privacy Policy” is applicable to this EULA.


You agree that Application Provider 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 Licensed Application. Application Provider may use this information to improve its products or to provide services or technologies to You.


Digital Eclairs may collect and/or transfer data into a country outside of United States of America. Your information will be transferred, processed and stored under United States privacy standards.


Digital Eclairs has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of the webpage: https://www.digitaleclairs.com/eula.html. We encourage Users to frequently check this page for any changes to stay informed about how we are using and protecting the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.


No Warranty

You expressly acknowledge and agree that use of the licensed application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the license application and any services performed or provided by the licensed application ("services") are provided "as is" and "as available," with all faults and without warranty of any kind, and application provider hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Application provider does not warrant against interference with your enjoyment of the licensed application, that the functions contained in, or services performed or provided by, the licensed application will meet your requirements, that the operation of the licensed application or services will be uninterrupted or error-free, or that effects in the licensed application or services will be corrected. No oral or written information or advice given by application provider or its authorized representative shall create a warranty. Should the licensed application 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.


Limitation of Liability

To the extent not prohibited by law, in no event shall Digital Eclairs, its employees, , contractors, directors, officers, partners, affiliates, and agents 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, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise), including but not limited to third party applications, services or content and even if application provider 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.


Your only right with respect to any problems or dissatisfaction with the Digital Eclairs Application, services and/or third party applications, services or content is to uninstall Digital Eclairs Application and to stop using the Digital Eclairs Application, third party applications, services or content.


In no event shall Digital Eclairs total liability to you in connection with this Agreement exceed the total amount paid by you for the relevant Digital Eclairs Product purchase.


Copyright

All contents of Digital Eclairs Applications, including, but not limited to, copyrights, trademarks, intellectual property rights, characters, stories, character names, themes, artwork, music, sound whether registered or not are owned by Digital Eclairs or licensed to Digital Eclairs or otherwise used by Digital Eclairs as permitted by law.


Digital Eclairs applications and services may not be copied, reproduced, transmitted, stored, sold or distributed in whole or in part in any manner without the prior written consent of the copyright holder Digital Eclairs. All rights not expressly granted to you herein are reserved by Digital Eclairs.


You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, 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, missiles, or chemical or biological weapons.


The Licensed Application 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.


Change of Use

Digital Eclairs reserves the right to: Change or remove (temporarily or permanently) Product , services or any part of it without notice and you confirm that Digital Eclairs shall not be liable to you for any such change or removal and.
Digital Eclairs may change these Terms and Conditions at any time, and your continued use of the Digital Eclairs applications or services following any changes shall be deemed to be your acceptance of such change. Changes will be communicated to you by us posting the new dated version of the Agreement on the digitalecalirs.com websites or as otherwise determined by Digital Eclairs in its sole discretion.


Indemnity

You agree to indemnify, defend and hold Digital Eclairs, its employees, contractors, directors, officers, partners, affiliates, and agents harmless from and against any and all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Digital Eclairs arising directly or indirectly from: any breach by you of this agreements(“EULA”) or other liabilities arising out of your use of applications provided by Digital Eclairs.


Governing Law And Severability

The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.


If any of these Terms and Conditions in the agreement should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions in the agreement shall survive and remain in full force and effect and continue to be binding and enforceable.


For any further information please email: info@digitaleclairs.com



This document was last updated on January 22, 2013