Rainbow To-Do List Application License Agreement
THIS APPLICATION LICENSE AGREEMENT ("LICENSE AGREEMENT") IS THE LEGAL AGREEMENT BETWEEN YOU AND TOMÁŠ ADAM WITH RESPECT TO TOMÁŠ ADAM'S PROPRIETARY SOFTWARE APPLICATION KNOWN AS "Rainbow To-Do List" ("SOFTWARE").
BY CLICKING "Accept" AND/OR BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT, UNINSTALL THE SOFTWARE AND DO NOT USE IT IN ANY MANNER WHATSOEVER.
- Grant of License. Subject to your compliance with the terms and conditions set forth herein, Tomáš Adam hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use one copy of the Software on your mobile device for the sole purpose of accessing, opening and using the capabilities and services enabled via the Software.
- Restrictions on Use. You may not: (i) copy, modify, translate, reverse engineer, decompile or disassemble the Software or create derivative works based thereon; (ii) install the Software onto a server so that it is accessible via a public network; (iii) share or permit other individuals/entities to use the Software, rent, lease or transfer the Software or rights to use it; or (iv) delete or modify any attributions, legal notices or other proprietary designations in the Software or part thereof. Any such forbidden use shall immediately and automatically terminate your license to use the Software, without derogating from any other remedies available to Tomáš Adam at law or in equity.
- Title and Ownership. The Software and any revisions, modifications, enhancements and/or derivatives thereof are owned by Tomáš Adam and/or its licensors and are protected under copyright laws and treaties. All right, title, and interest in and to the Software, including all associated intellectual property rights are and shall remain owned solely by Tomáš Adam and/or its licensors.
- Third Party Software. Any third party software that may be provided with the Software is included for use at your option. Such third party software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such third party software is provided AS IS. Tomáš Adam is not liable for any losses or damages which may occur from the use of any third party software.
- Updates/Upgrades. Tomáš Adam improves from time to time the Software and may update/upgrade the Software at its sole discretion, with or without notification. At Tomáš Adam sole discretion, Tomáš Adam may notify you through a patch process, or by email, or website posting of such updates or upgrades available for download. Some updates/upgrades may be optional and some may be mandatory in order to operate the Software. At its sole discretion, Tomáš Adam may, but is not obligated to, provide email and/or internet based support with online help.
- Paid accounts. You'll be automatically billed from the date you convert to a Premium (Paid) Account and on each renewal period until cancellation. Please note that you'll be charged tax when we are required to do so, and you are responsible for all applicable taxes. You can cancel your recurring payment at any time, but we can only issue refunds for requests that occur within 48 hours of your purchase. Your Premium (Paid) Account will remain active until cancellation or termination under these Terms. Failing to pay for your Premium (Paid) Account on time might result in loss of access to features you have paid for. We may change the fees in effect at a future date, but we will send advanced notice of any changes to the email address associated with your Rainbow account.
- Compliance with Law. This Software is intended for use only in compliance with applicable laws and only with properly licensed media and content. You undertake to use the Software in accordance with all applicable laws, including without limitation, all applicable export laws, restrictions and regulations and agree that you will not export, or allow the export or re-export of the Software in violation of any such laws, restrictions and/or regulations. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
- Changes to Software or License Agreement. Tomáš Adam may modify, suspend, or discontinue any aspect of the Software at any time. Tomáš Adam reserves the right to modify the terms of this License Agreement, whereby material changes will be disclosed to you through a patch process or through website posting. Except for changes to this License Agreement that affect your privacy, which shall be subject to your specific acceptance, your continued use of the Software, following any revision of the Software or this License Agreement, constitutes your acceptance of any such changes.
- Warranty Disclaimer. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Tomáš Adam DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
- Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL TOMÁŠ ADAM OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS OR FINANCIAL INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TOMÁŠ ADAM'S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT PAID BY YOU TO TOMÁŠ ADAM FOR USE OF THE SOFTWARE, EVEN IF TOMÁŠ ADAM HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
- Immediate Termination. Without prejudice to any other rights, this Agreement and your right to use this Software automatically terminates if you fail to comply with any provision of this License Agreement. Tomáš Adam may terminate this License Agreement at any time with or without prior notice. You may terminate this license at any time by stopping your use thereof and un-installing the Software.
- For users of Rainbow Todo for iOS:
- Payment will be charged to iTunes Account at confirmation of purchase
- Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
- Account will be charged for renewal within 24-hours prior to the end of the current period
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase