TWIDROID END USER LICENSE AGREEMENT AND TERMS
This License Agreement is a legal agreement between you (either an individual or legal entity) and tomatic gmbh, a limited liability company established and existing under the laws of Austria (hereinafter ‘tomatic’) for the use of Twidroid.
The Twidroid Software (the computer programs in machine readable object code form issued by tomatic pursuant to this License Agreement) together with the Documentation (all manuals, user documentation and other related materials pertaining to the Twidroid Software) and/or other materials distributed with the Twidroid downloadable package or any other media containing these materials) is licensed, not sold, to you by tomatic, and tomatic reserves all rights not expressly granted to you within this license agreement. Under no circumstances shall source code of Twidroid be made available to you by tomatic. The Twidroid and Twidroid PRO Software and Documentation are collectively referred to as ‘Twidroid’.
By downloading, installing, copying or otherwise using all or any portion of the Twidroid Software you agree to be bound by the terms of this License Agreement. If you do not agree to this License Agreement, do not use the Twidroid Software.
1. LICENSE GRANT
tomatic may, at its sole discretion, grant you a Free License, a Commercial License and / or a Not for Resale (NFR) License. Unless otherwise stated, the Free License Terms as set out under (A) are applicable to your use of Twidroid if you have not purchased or otherwise rightfully obtained a Commercial License, a Site License or an NFR License for Twidroid. The Free License Terms are also applicable to your use of Twidroid on any computers that are not covered under any Commercial Licenses or NFR Licenses you may have. The Commercial License Terms as set out under (B) are applicable to your use of Twidroid (also referred to as Twidroid PRO) if you have rightfully obtained a Commercial License for Twidroid. The NFR License Terms under (C) are applicable to your use of Twidroid if you have been provided with an NFR License of Twidroid by tomatic or its subsidiaries.
A. FREE LICENSE TERMS
tomatic grants you a non-exclusive, non-transferable license to use Twidroid for free, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, redistribute or lend Twidroid to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void. tomatic may, at its sole discretion, decide to stop issuing free licenses for future updates fo Twidroid and will inform you thereof via the website www.twidroid.com or by contacting you by email. If you wish to use new versions of Twidroid after such a change, you will need to purchase a Commercial License.
A1. PERSONAL INFORMATION
tomatic may render this License Agreement null and void if it finds that the personal information you submitted when obtaining Twidroid is incorrect, inaccurate or outdated. tomatic may use your personal information to validate your free license rights, to prove to the application store where you downloaded Twidroid that you obtained your Twidroid free license there and to contact you with information related to Twidroid. tomatic may share this information with its licensors. tomatic will not sell or license usage of your personal information to third parties.
B. COMMERCIAL LICENSE TERMS
tomatic grants you a non-exclusive license to use Twidroid (referred to as Twidroid PRO), only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, redistribute or lend Twidroid to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
B1. ONLINE ACTIVATION
The Twidroid Software requires automatic online activation in order to use it under the Commercial License Terms. If you do not activate your copy of Twidroid, all of or part of the functionality of your copy of Twidroid will disable automatically. tomatic may at its sole discretion decide to adjust the exact technical conditions under which un-activated Twidroid copies cease to work. For the sake of copy protection, a valid activation might be verified automatically by Twidroid from time to time. You are required to submit personal information during online activation or purchase via resellers. You need an active, functional internet connection to activate your copy of Twidroid. Your licensed use of Twidroid is bound to the computer or mobile device you used to complete activation. You may need to reactivate your copy of Twidroid after replacing the mobile device or otherwise changing the hardware configuration of your computer. You may need to contact tomatic via the website www.twidroid.com to complete reactivation. This License grants you the right to activate and use Twidroid on one device by one and the same person. tomatic may at its sole discretion define and adjust other reasonable limits on purchase of Twidroid via third-party application stores. This License does not allow multiple users to use Twidroid on multiple devices.
B2. PERSONAL INFORMATION
tomatic may render this License Agreement null and void if it finds that the personal information you submitted during online activation is incorrect, inaccurate or outdated. It is your sole responsibility to keep tomatic informed of any changes in your personal information. You may do so by contacting tomatic through the ‘Contact’ or ‘Support’ sections of the website www.twidroid.com or, if available, from within Twidroid itself. tomatic may require you to verify any changes to personal information. tomatic may use your personal information to validate your personal license rights, to prove to the reseller where you purchased your Twidroid license that you purchased your Twidroid license there and to contact you with information related to Twidroid. tomatic may share this information with its licensors. tomatic will not sell or license usage of your personal information to third parties.
C. NFR (NOT FOR RESALE) LICENSE TERMS
tomatic grants you a non-exclusive, non-transferable license to use Twidroid for evaluation, promotional and/or review purposes, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, redistribute or lend Twidroid to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the NFR License null and void. If you wish to use Twidroid for other than the stated purposes, you need to purchase a Commercial License to use Twidroid. tomatic may, at its sole discretion, decide to extend your allowed usage of Twidroid beyond the stated uses and will inform you thereof via the website www.Twidroid.com or by contacting you by email, by phone or in writing.
C1. ONLINE ACTIVATION
The Twidroid Software requires automatic online activation in order to use it under the terms of the NFR License. If you do not activate your copy of Twidroid, all of or part of the functionality of your copy of Twidroid will disable automatically. tomatic may at its sole discretion decide to adjust the exact technical conditions under which un-activated Twidroid copies cease to work. For the sake of copy protection, a valid activation might be verified automatically by Twidroid from time to time. You are required to submit personal information during online activation or purchase via resellers. You need an active, functional internet connection to activate your copy of Twidroid. Your licensed use of Twidroid is bound to the computer or mobile device you used to complete activation. You may need to reactivate your copy of Twidroid after replacing the mobile device or otherwise changing the hardware configuration of your computer. You may need to contact tomatic via the website www.twidroid.com to complete reactivation. This License grants you the right to activate and use Twidroid on one device by one and the same person. tomatic may at its sole discretion define and adjust other reasonable limits on purchase of Twidroid via third-party application stores. This License does not allow multiple users to use Twidroid on multiple devices.
C3. PERSONAL INFORMATION
tomatic may render this License Agreement null and void if it finds that the personal information you submitted during online activation is incorrect, inaccurate or outdated. It is your sole responsibility to keep tomatic informed of any changes in your personal information. You may do so by contacting tomatic through the ‘Contact’ or ‘Support’ sections of the website www.twidroid.com or, if available, from within Twidroid itself. tomatic may require you to verify any changes to personal information. tomatic may use your personal information to validate your personal license rights, to prove to the reseller where you obtained your Twidroid license that you obtained your Twidroid license there and to contact you with information related to Twidroid. tomatic may share this information with its licensors. tomatic will not sell or license usage of your personal information to third parties.
2. GENERAL TERMS
These General Terms are applicable on the Free License, the Commercial License and the NFR License.
COPYRIGHT AND RESTRICTIONS
Copyright and other intellectual, industrial and/or proprietary rights to Twidroid and to any whole or partial copies that you make are owned by tomatic or its licensors. tomatic permits you to use Twidroid only in accordance with the terms of this License Agreement. All rights not specifically granted by tomatic are reserved by tomatic. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of Twidroid except for those uses allowed in this License Agreement. tomatic is willing to provide you the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that Twidroid is the subject of copyright and other intellectual, industrial or proprietary rights of tomatic and/or third parties. tomatic and twidroid are registered or registration pending trademarks owned by tomatic gmbh. All other trademarks that appear in Twidroid, especially names owned by Twitter Inc. are the property of their respective owners.
LIMITATION OF LICENSE VALIDITY
Any license to use Twidroid granted to you under this License Agreement is limited to the release of Twidroid which you rightfully obtained on the basis of this License Agreement. tomatic may offer free updates to Twidroid. tomatic does not guarantee that any other releases of Twidroid will be made available to you free of charge or that your rights under this License Agreement will automatically be applicable to any future releases of Twidroid.
ADDITIONAL SERVICES
Fees may apply for additional services and products offered by tomatic and others, including, but not limited to, services that integrate with Twidroid or extend the functionality of Twidroid.
ADDITIONAL ACTIVATIONS
The Commercial License both do not allow Twidroid to be activated and used on more devices than the number of devices you have obtained said License(s) for. tomatic may, at its sole discretion, for your convenience decide to allow you to activate Twidroid on additional devices within reasonable limits. Notwithstanding such a decision you are only licensed to use Twidroid simultaneously on the amount of devices you have obtained said License(s) for. tomatic may, at its sole discretion, decide to suspend further activations performed under said License(s), and/or render said License(s) null and void, if it considers the amount of activations performed under said License(s) to be excessive. You and/or the person performing activation will be informed of such a decision either a) in writing, b) by email and/or c) from within the Twidroid Software.
WARRANTIES
tomatic is providing you Twidroid on an “as-is” basis without warranty of any kind. tomatic does not and cannot warrant the performance or results you may obtain by use of Twidroid. tomatic does not and cannot warrant that Twidroid operates error-free. tomatic does not warrant that Twidroid operates on the type of device owned by you and you shall be solely responsible for obtaining a device compatible with Twidroid. The above warranty does not apply if the Twidroid Software a) has been altered, except by tomatic, b) has not been installed, operated, repaired or maintained in accordance with the instructions supplied by tomatic, c) has been subjected to abnormal physical or electrical stress, misuse, negligence or accident.
LIMITATION OF LIABILITY
The risk of any and all loss, damage or unsatisfactory performance of Twidroid rests with you as the user. If you rely upon Twidroid, you do so at your own risk and you assume the responsibility for the results. To the maximum extent permitted by applicable law, tomatic is not liable to you or to any third party for any damages, either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to damages rising from inability to use Twidroid or access data, loss of data, loss of business, loss of profits, business interruptions, claims, suits or causes of action involving alleged infringement of copyrights, patens, trademarks, trade secrets or unfair competition or the like) arising out of the use or inability to use Twidroid even if tomatic has been advised of the possibility of such damages. In no event shall tomatic’s total liability to you exceed the amount for which you purchased a Twidroid Commercial License. If you purchased your license in another currency, a fair estimation of the purchase price will be made by tomatic or its subsidiaries. Notwithstanding the above, or anything else contained in this License Agreement, neither party’s liability for death or personal injury resulting from its own negligence shall be limited. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
LIMITATION OF SUPPORT
tomatic will make an effort to provide you with email support or a web-based help section pertaining to your use of Twidroid. Said support will be limited to topics within the domain of basic usage of Twidroid. tomatic is not required to reply to support requests or offer you general advice on technologies underlying or related to Twidroid. tomatic reserves the right to cease offering support of any kind pertaining to the usage of older releases of Twidroid whenever a new release, whether for free or for pay, of Twidroid becomes available.
INFRINGEMENT
If Twidroid is, or in tomatic’s opinion is likely to become, the subject of a claim of infringement, tomatic shall have the right, without obligation and at its sole discretion, to: a) procure for you the right to continue to use Twidroid; b) replace or modify Twidroid in such a way as to make the modified version of Twidroid non-infringing; or c) terminate this License Agreement, provided that in the event of such termination, tomatic shall refund the License fees paid by you on a prorated basis, taking into account the term Twidroid has been used or owned, whichever is longer, by you. The foregoing states tomatic’s and its subsidiaries entire liability and obligation to you and your sole remedy with respect to any actual or alleged infringement of intellectual property rights of any kind.
TECHNICAL AND RELATED INFORMATION
tomatic and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your device, system and application software. tomatic and its subsidiaries are free to use this information in any form that does not personally identify you. Any collection of technical and related information by tomatic and its subsidiaries shall be limited in such a manner that tomatic and its subsidiaries will not be capable to reconstruct the contents of files and folders you use from within Twidroid or any other personal files and folders that are accessible to Twidroid when you use Twidroid.
LICENSE CODE
tomatic may issue a License Code or License Key to you, which you may need to activate Twidroid under the terms of the Commercial or NFR License. tomatic and its subsidiaries and distributors may link said License Code or License Key to you personally. Any given License Code or License Key is considered for your usage only and may not be distributed, published or otherwise communicated to third parties by you, unless permission to do so is granted to you in writing by tomatic.
TERM AND TERMINATION
This License Agreement is effective until terminated. Without prejudice to any other rights, tomatic may immediately terminate this License Agreement if you fail to comply with any of the terms and conditions set out in this License Agreement. In such event you must cease all use of Twidroid and destroy all copies of Twidroid that are in your possession. Inaction of tomatic to terminate this License Agreement after you fail to comply with any of the terms and conditions set out in this License Agreement does not imply a waiver of any kind of the rights reserved by tomatic under this and other provisions.
MISCELLANEOUS
Your delivery and payment conditions or any other general or special conditions shall not apply. This License Agreement is the entire agreement between you and tomatic relating to Twidroid and supersedes all prior oral or written communications and representation with respect to Twidroid or any other subject matter covered by this License Agreement. If any of the provisions of this license Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
EXPORT CONTROLS
You agree not to export, re-export or use Twidroid except as explicitly authorized by Austrian law and the laws of the jurisdiction in which you obtained your Twidroid license. If you purchased or use Twidroid in the United States, you may not export or re-export Twidroid to any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Twidroid, 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 Twidroid 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.
U.S. GOVERNMENT END USERS
Twidroid is defined as Commercial Items, as defined by 48 C.F.R. article 2.101 and consists of Commercial Computer Software and Commercial Computer Software Documentation as used in 48 C.F.R. article 12.212 or 48 C.F.R. article 227.7202. Twidroid is being licensed to U.S. Government end users only as Commercial Items, consistent with 48 C.F.R. article 12.212 or 48 C.F.R. article 227.7202-1 through 227.7202-4 as applicable, and with only the same rights granted to all other end users in the terms and conditions of this License Agreement. All unpublished rights are reserved under the Copyright laws of the United States, Austria and International agreements.
APPLICABLE LAW
This License Agreement is governed by Austrian law or at tomatic sole discretion the law of any court which may have jurisdiction. This License shall not be governed by the UN Convention on contracts for the international sale of goods. You agree that tomatic, at its sole discretion, may elect to bring legal action regarding any dispute arising from or in connection with this License Agreement before the courts of Linz, Austria or in any court in any country which may have jurisdiction and you herewith irrevocably and unconditionally submit to the exclusive jurisdiction of the courts chosen by tomatic. Should you have any questions concerning this License Agreement, please contact tomatic through the appropriate sections of the website.
The Twidroid Software (the computer programs in machine readable object code form issued by tomatic pursuant to this License Agreement) together with the Documentation (all manuals, user documentation and other related materials pertaining to the Twidroid Software) and/or other materials distributed with the Twidroid downloadable package or any other media containing these materials) is licensed, not sold, to you by tomatic, and tomatic reserves all rights not expressly granted to you within this license agreement. Under no circumstances shall source code of Twidroid be made available to you by tomatic. The Twidroid and Twidroid PRO Software and Documentation are collectively referred to as ‘Twidroid’.
By downloading, installing, copying or otherwise using all or any portion of the Twidroid Software you agree to be bound by the terms of this License Agreement. If you do not agree to this License Agreement, do not use the Twidroid Software.
1. LICENSE GRANT
tomatic may, at its sole discretion, grant you a Free License, a Commercial License and / or a Not for Resale (NFR) License. Unless otherwise stated, the Free License Terms as set out under (A) are applicable to your use of Twidroid if you have not purchased or otherwise rightfully obtained a Commercial License, a Site License or an NFR License for Twidroid. The Free License Terms are also applicable to your use of Twidroid on any computers that are not covered under any Commercial Licenses or NFR Licenses you may have. The Commercial License Terms as set out under (B) are applicable to your use of Twidroid (also referred to as Twidroid PRO) if you have rightfully obtained a Commercial License for Twidroid. The NFR License Terms under (C) are applicable to your use of Twidroid if you have been provided with an NFR License of Twidroid by tomatic or its subsidiaries.
A. FREE LICENSE TERMS
tomatic grants you a non-exclusive, non-transferable license to use Twidroid for free, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, redistribute or lend Twidroid to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void. tomatic may, at its sole discretion, decide to stop issuing free licenses for future updates fo Twidroid and will inform you thereof via the website www.twidroid.com or by contacting you by email. If you wish to use new versions of Twidroid after such a change, you will need to purchase a Commercial License.
A1. PERSONAL INFORMATION
tomatic may render this License Agreement null and void if it finds that the personal information you submitted when obtaining Twidroid is incorrect, inaccurate or outdated. tomatic may use your personal information to validate your free license rights, to prove to the application store where you downloaded Twidroid that you obtained your Twidroid free license there and to contact you with information related to Twidroid. tomatic may share this information with its licensors. tomatic will not sell or license usage of your personal information to third parties.
B. COMMERCIAL LICENSE TERMS
tomatic grants you a non-exclusive license to use Twidroid (referred to as Twidroid PRO), only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, redistribute or lend Twidroid to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
B1. ONLINE ACTIVATION
The Twidroid Software requires automatic online activation in order to use it under the Commercial License Terms. If you do not activate your copy of Twidroid, all of or part of the functionality of your copy of Twidroid will disable automatically. tomatic may at its sole discretion decide to adjust the exact technical conditions under which un-activated Twidroid copies cease to work. For the sake of copy protection, a valid activation might be verified automatically by Twidroid from time to time. You are required to submit personal information during online activation or purchase via resellers. You need an active, functional internet connection to activate your copy of Twidroid. Your licensed use of Twidroid is bound to the computer or mobile device you used to complete activation. You may need to reactivate your copy of Twidroid after replacing the mobile device or otherwise changing the hardware configuration of your computer. You may need to contact tomatic via the website www.twidroid.com to complete reactivation. This License grants you the right to activate and use Twidroid on one device by one and the same person. tomatic may at its sole discretion define and adjust other reasonable limits on purchase of Twidroid via third-party application stores. This License does not allow multiple users to use Twidroid on multiple devices.
B2. PERSONAL INFORMATION
tomatic may render this License Agreement null and void if it finds that the personal information you submitted during online activation is incorrect, inaccurate or outdated. It is your sole responsibility to keep tomatic informed of any changes in your personal information. You may do so by contacting tomatic through the ‘Contact’ or ‘Support’ sections of the website www.twidroid.com or, if available, from within Twidroid itself. tomatic may require you to verify any changes to personal information. tomatic may use your personal information to validate your personal license rights, to prove to the reseller where you purchased your Twidroid license that you purchased your Twidroid license there and to contact you with information related to Twidroid. tomatic may share this information with its licensors. tomatic will not sell or license usage of your personal information to third parties.
C. NFR (NOT FOR RESALE) LICENSE TERMS
tomatic grants you a non-exclusive, non-transferable license to use Twidroid for evaluation, promotional and/or review purposes, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, redistribute or lend Twidroid to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the NFR License null and void. If you wish to use Twidroid for other than the stated purposes, you need to purchase a Commercial License to use Twidroid. tomatic may, at its sole discretion, decide to extend your allowed usage of Twidroid beyond the stated uses and will inform you thereof via the website www.Twidroid.com or by contacting you by email, by phone or in writing.
C1. ONLINE ACTIVATION
The Twidroid Software requires automatic online activation in order to use it under the terms of the NFR License. If you do not activate your copy of Twidroid, all of or part of the functionality of your copy of Twidroid will disable automatically. tomatic may at its sole discretion decide to adjust the exact technical conditions under which un-activated Twidroid copies cease to work. For the sake of copy protection, a valid activation might be verified automatically by Twidroid from time to time. You are required to submit personal information during online activation or purchase via resellers. You need an active, functional internet connection to activate your copy of Twidroid. Your licensed use of Twidroid is bound to the computer or mobile device you used to complete activation. You may need to reactivate your copy of Twidroid after replacing the mobile device or otherwise changing the hardware configuration of your computer. You may need to contact tomatic via the website www.twidroid.com to complete reactivation. This License grants you the right to activate and use Twidroid on one device by one and the same person. tomatic may at its sole discretion define and adjust other reasonable limits on purchase of Twidroid via third-party application stores. This License does not allow multiple users to use Twidroid on multiple devices.
C3. PERSONAL INFORMATION
tomatic may render this License Agreement null and void if it finds that the personal information you submitted during online activation is incorrect, inaccurate or outdated. It is your sole responsibility to keep tomatic informed of any changes in your personal information. You may do so by contacting tomatic through the ‘Contact’ or ‘Support’ sections of the website www.twidroid.com or, if available, from within Twidroid itself. tomatic may require you to verify any changes to personal information. tomatic may use your personal information to validate your personal license rights, to prove to the reseller where you obtained your Twidroid license that you obtained your Twidroid license there and to contact you with information related to Twidroid. tomatic may share this information with its licensors. tomatic will not sell or license usage of your personal information to third parties.
2. GENERAL TERMS
These General Terms are applicable on the Free License, the Commercial License and the NFR License.
COPYRIGHT AND RESTRICTIONS
Copyright and other intellectual, industrial and/or proprietary rights to Twidroid and to any whole or partial copies that you make are owned by tomatic or its licensors. tomatic permits you to use Twidroid only in accordance with the terms of this License Agreement. All rights not specifically granted by tomatic are reserved by tomatic. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of Twidroid except for those uses allowed in this License Agreement. tomatic is willing to provide you the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that Twidroid is the subject of copyright and other intellectual, industrial or proprietary rights of tomatic and/or third parties. tomatic and twidroid are registered or registration pending trademarks owned by tomatic gmbh. All other trademarks that appear in Twidroid, especially names owned by Twitter Inc. are the property of their respective owners.
LIMITATION OF LICENSE VALIDITY
Any license to use Twidroid granted to you under this License Agreement is limited to the release of Twidroid which you rightfully obtained on the basis of this License Agreement. tomatic may offer free updates to Twidroid. tomatic does not guarantee that any other releases of Twidroid will be made available to you free of charge or that your rights under this License Agreement will automatically be applicable to any future releases of Twidroid.
ADDITIONAL SERVICES
Fees may apply for additional services and products offered by tomatic and others, including, but not limited to, services that integrate with Twidroid or extend the functionality of Twidroid.
ADDITIONAL ACTIVATIONS
The Commercial License both do not allow Twidroid to be activated and used on more devices than the number of devices you have obtained said License(s) for. tomatic may, at its sole discretion, for your convenience decide to allow you to activate Twidroid on additional devices within reasonable limits. Notwithstanding such a decision you are only licensed to use Twidroid simultaneously on the amount of devices you have obtained said License(s) for. tomatic may, at its sole discretion, decide to suspend further activations performed under said License(s), and/or render said License(s) null and void, if it considers the amount of activations performed under said License(s) to be excessive. You and/or the person performing activation will be informed of such a decision either a) in writing, b) by email and/or c) from within the Twidroid Software.
WARRANTIES
tomatic is providing you Twidroid on an “as-is” basis without warranty of any kind. tomatic does not and cannot warrant the performance or results you may obtain by use of Twidroid. tomatic does not and cannot warrant that Twidroid operates error-free. tomatic does not warrant that Twidroid operates on the type of device owned by you and you shall be solely responsible for obtaining a device compatible with Twidroid. The above warranty does not apply if the Twidroid Software a) has been altered, except by tomatic, b) has not been installed, operated, repaired or maintained in accordance with the instructions supplied by tomatic, c) has been subjected to abnormal physical or electrical stress, misuse, negligence or accident.
LIMITATION OF LIABILITY
The risk of any and all loss, damage or unsatisfactory performance of Twidroid rests with you as the user. If you rely upon Twidroid, you do so at your own risk and you assume the responsibility for the results. To the maximum extent permitted by applicable law, tomatic is not liable to you or to any third party for any damages, either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to damages rising from inability to use Twidroid or access data, loss of data, loss of business, loss of profits, business interruptions, claims, suits or causes of action involving alleged infringement of copyrights, patens, trademarks, trade secrets or unfair competition or the like) arising out of the use or inability to use Twidroid even if tomatic has been advised of the possibility of such damages. In no event shall tomatic’s total liability to you exceed the amount for which you purchased a Twidroid Commercial License. If you purchased your license in another currency, a fair estimation of the purchase price will be made by tomatic or its subsidiaries. Notwithstanding the above, or anything else contained in this License Agreement, neither party’s liability for death or personal injury resulting from its own negligence shall be limited. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
LIMITATION OF SUPPORT
tomatic will make an effort to provide you with email support or a web-based help section pertaining to your use of Twidroid. Said support will be limited to topics within the domain of basic usage of Twidroid. tomatic is not required to reply to support requests or offer you general advice on technologies underlying or related to Twidroid. tomatic reserves the right to cease offering support of any kind pertaining to the usage of older releases of Twidroid whenever a new release, whether for free or for pay, of Twidroid becomes available.
INFRINGEMENT
If Twidroid is, or in tomatic’s opinion is likely to become, the subject of a claim of infringement, tomatic shall have the right, without obligation and at its sole discretion, to: a) procure for you the right to continue to use Twidroid; b) replace or modify Twidroid in such a way as to make the modified version of Twidroid non-infringing; or c) terminate this License Agreement, provided that in the event of such termination, tomatic shall refund the License fees paid by you on a prorated basis, taking into account the term Twidroid has been used or owned, whichever is longer, by you. The foregoing states tomatic’s and its subsidiaries entire liability and obligation to you and your sole remedy with respect to any actual or alleged infringement of intellectual property rights of any kind.
TECHNICAL AND RELATED INFORMATION
tomatic and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your device, system and application software. tomatic and its subsidiaries are free to use this information in any form that does not personally identify you. Any collection of technical and related information by tomatic and its subsidiaries shall be limited in such a manner that tomatic and its subsidiaries will not be capable to reconstruct the contents of files and folders you use from within Twidroid or any other personal files and folders that are accessible to Twidroid when you use Twidroid.
LICENSE CODE
tomatic may issue a License Code or License Key to you, which you may need to activate Twidroid under the terms of the Commercial or NFR License. tomatic and its subsidiaries and distributors may link said License Code or License Key to you personally. Any given License Code or License Key is considered for your usage only and may not be distributed, published or otherwise communicated to third parties by you, unless permission to do so is granted to you in writing by tomatic.
TERM AND TERMINATION
This License Agreement is effective until terminated. Without prejudice to any other rights, tomatic may immediately terminate this License Agreement if you fail to comply with any of the terms and conditions set out in this License Agreement. In such event you must cease all use of Twidroid and destroy all copies of Twidroid that are in your possession. Inaction of tomatic to terminate this License Agreement after you fail to comply with any of the terms and conditions set out in this License Agreement does not imply a waiver of any kind of the rights reserved by tomatic under this and other provisions.
MISCELLANEOUS
Your delivery and payment conditions or any other general or special conditions shall not apply. This License Agreement is the entire agreement between you and tomatic relating to Twidroid and supersedes all prior oral or written communications and representation with respect to Twidroid or any other subject matter covered by this License Agreement. If any of the provisions of this license Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
EXPORT CONTROLS
You agree not to export, re-export or use Twidroid except as explicitly authorized by Austrian law and the laws of the jurisdiction in which you obtained your Twidroid license. If you purchased or use Twidroid in the United States, you may not export or re-export Twidroid to any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Twidroid, 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 Twidroid 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.
U.S. GOVERNMENT END USERS
Twidroid is defined as Commercial Items, as defined by 48 C.F.R. article 2.101 and consists of Commercial Computer Software and Commercial Computer Software Documentation as used in 48 C.F.R. article 12.212 or 48 C.F.R. article 227.7202. Twidroid is being licensed to U.S. Government end users only as Commercial Items, consistent with 48 C.F.R. article 12.212 or 48 C.F.R. article 227.7202-1 through 227.7202-4 as applicable, and with only the same rights granted to all other end users in the terms and conditions of this License Agreement. All unpublished rights are reserved under the Copyright laws of the United States, Austria and International agreements.
APPLICABLE LAW
This License Agreement is governed by Austrian law or at tomatic sole discretion the law of any court which may have jurisdiction. This License shall not be governed by the UN Convention on contracts for the international sale of goods. You agree that tomatic, at its sole discretion, may elect to bring legal action regarding any dispute arising from or in connection with this License Agreement before the courts of Linz, Austria or in any court in any country which may have jurisdiction and you herewith irrevocably and unconditionally submit to the exclusive jurisdiction of the courts chosen by tomatic. Should you have any questions concerning this License Agreement, please contact tomatic through the appropriate sections of the website.