Application Software License Agreement
This is an agreement between Equiitext Inc. hereinafter “Licensor” and you the Licensee, who is being licensed to use the named (Patent Pending) Software Equiitext hereinafter “App.”
1. Privacy – We will not sell your information or rent it out and will only use it to further provide value in our business relationship. The only time your data will be provided is by lawful governmental court order or if you voluntarily provide it to us or to a third party after you click an ad or offer that we may present to you.
3. *Functionality and written text within this app does not substitute for legal counsel regarding local, state, or federal texting laws including FTC or TCPA rules and laws. Use at your own risk. This app is not sanctioned or approved by any government agency. Although we have provided features that help Licensees comply with texting best practices, any use of the app is at your own risk. You should seek legal counsel to determine if your use or intended use of this app is in compliance with applicable laws and industry best practices.
4. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software. Licensor retains the right to cancel licenses and any agreements at-will.
5. This License permits Licensee to install the app on more than one mobile device in conjunction with Google Play Store app policies. Licensee will not make copies of the app or allow copies of the app to be made by others, unless authorized by this License Agreement. Licensee may make copies of the app for backup purposes only. Running any type of apk decompiler or reverse engineering procedure is prohibited.
6. You specifically agree to these other contractual agreements in addition to this limited license agreement:
7. This app is subject to a limited warranty. Licensor warrants to Licensee that the physical medium on which this app is distributed is free from defects in materials and workmanship under normal use, the app will perform according to its printed documentation, and to the best of Licensor’s knowledge Licensee’s use of this app according to the printed documentation is not an infringement of any third party’s intellectual property rights. This limited warranty lasts for a period of 5 days after delivery. To the extent permitted by law, the above-stated limited warranty replaces all other warranties, express or implied, and licensor disclaims all implied warranties including any implied warranty of title, merchantability, non infringement, or of fitness for a particular purpose. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 5 days after delivery of the app to Licensee. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee’s jurisdiction, may have additional rights.
8. In case of a breach of the Limited Warranty, Licensee’s exclusive remedy is as follows: Licensee will return all copies of the app to Licensor, at Licensee’s cost, along with proof of purchase. (Licensee can obtain a step-by-step explanation of this procedure, including a return authorization code, by contacting Licensor at 888-501-3550 or firstname.lastname@example.org.) At Licensor’s option, Licensor will either send Licensee a replacement copy of the Software, at Licensor’s expense, or issue a full refund.
9. Notwithstanding the foregoing, licensor is not liable to licensee for any damages, including compensatory, special, incidental, exemplary, punitive, or consequential damages, connected with or resulting from this license agreement or licensee’s use of this software. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
10. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.
11. Licensor has the right to terminate this License Agreement and Licensee’s right to use this app upon any material breach by Licensee.
12. Licensee agrees to return to Licensor or to destroy all copies of the app upon termination of the License.
13. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.
14. This License Agreement is governed by the laws of the State of Nevada, U.S.A
15. This License Agreement is valid without Licensor’s signature. It becomes effective upon the earlier of Licensee’s signature or Licensee’s use of the Software.