This End User License Agreement (“Agreement”) is a legal agreement between you, the customer, and New Softwares.net, regarding the purchase, use, and installation of New Softwares.net Notes Lock Application (Hereinafter collectively the “New Softwares.net Products”). In this Agreement, “you” and “your” refer to you, the customer and his or her agents and we “, “us and our” is herein collectively referred to as “New Softwares” “Newsoftwares Inc.” “NewSoftware’s” “New Softwares.net”, “NewSoftwares.net”, “New Softwares.net, Inc).
NEW SOFTWARES.NET IS WILLING TO ALLOW THE SALE AND USE OF THE NEW SOFTWARES.NET PRODUCTS TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. BY ACCEPTING THIS AGREEMENT YOU ARE BINDING YOURSELF TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN NEW SOFTWARES.NET IS UNWILLING TO ALLOW THE SALE AND USE OF THE NEW SOFTWARES.NET PRODUCTS TO YOU.
ANY PURCHASE OR USE OF ANY NEWSOFTWARE’S PRODUCTS WITHOUT AGREEING TO THE TERMS OF THIS AGREEMENT IS STRICTLY PROHIBITED.
If you use New Softwares.net Products in or from outside the United States of America, then you are responsible for compliance with applicable laws in your country when using the product.
Notes Lock is a data-privacy app that password-protects your secret notes. You can add voice recordings and photos to your notes in conjunction. Moreover, you can set up reminder alerts for your secured notes. The app has a built in calendar view, which enables you to view and manage your notes. Finally, with the option to backup your notes on Dropbox, you will never have to be concerned about losing your important notes. You can visit http://www.newsoftwares.net for more information.
Unless otherwise noted in this Agreement, and to the full extent allowed under any applicable laws, all terms and conditions of this agreement apply to purchases and use of any and all New Softwares.net Products.
NEW SOFTWARES.NET PRODUCTS LIMITED EVALUATION LICENSE
Subject to the terms of this Agreement, you are hereby licensed by New Softwares.net to use for evaluation purposes only one copy of Notes Lock per mobile device without charge, with some limitations in the free version. If you want to continue to use Notes Lock without limitations, you must acquire from New Softwares.net, for a fee, a license for Notes Lock and agree to pay the associated fee to the relevant app Store.
Conditioned upon compliance with the terms and conditions of this agreement including the purchase of Notes Lock, New Softwares.net grants to you a non-exclusive and non-transferable license to use those New Softwares.net Products that you have purchased and their related Documentation. You may only use each single copy of Notes Lock you purchase on one device at a time; however, you are allowed to transfer each purchased Notes Lock copy from one mobile device to another, single mobile device as long as you does not abuse this privilege (e.g., repeated transfers of the Notes Lock Software for the purpose of backing up multiple mobile devices without the purchase of multiple licenses). What actions constitute an abuse is the sole discretion of New Softwares.net “Documentation” as used in this agreement means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) specifically pertaining to the New Softwares.net products and made available by New Softwares.net with the New Softwares.net Products in any manner.
This is a license, not a transfer of title, to the Notes Lock and Documentation. New Softwares.net retains ownership of all copies of the Notes Lock and Documentation. You are granted no implied licenses to any other intellectual property rights other than as specifically granted herein. You acknowledge that the Notes Lock and Documentation contain trade secrets of New Softwares.net, its suppliers, or licensors, including but not limited to, the specific internal design and structure of individual programs and associated interface information. Accordingly, except as otherwise expressly provided under this Agreement, you shall have no right and you specifically agree NOT TO:
i. Transfer, assign or sublicense its license rights to another person or entity and you acknowledge that any attempted transfer, assignment, sublicense or use shall be void.
ii. Make error corrections to, or otherwise modify or adapt, the Notes Locker to create derivative works based upon the Notes Lock, or permit third parties to do the same.
iii. Reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Notes Lock Software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction.
iv. Use or permit the Notes Lock to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of New Softwares.net; disclose, provide, or otherwise make available trade secrets contained within the Notes Lock and Documentation in any form, to any third party without the prior written consent of New Softwares.net. You shall implement reasonable security measures to protect such trade secrets; or use the Notes Lock software to develop any software application intended for resale which employs the Notes Lock.
For Purposes of this Agreement, “Application” shall include (and the terms and conditions of this Agreement shall apply to) the Notes Lock application and any upgrades, updates, bug fixes or modified versions thereto (collectively, “Upgrades”) or backup copies of the Notes Lock licensed or provided to you by New Softwares.net for free or for a discounted price based on related app Store terms and conditions.
You agree that New Softwares.net may, at Its sole discretion, access our application on your mobile device, and / or cause Notes Lock application to contact New Softwares.net, in order to provide additional or modified functionality, updates, enhancements, security updates and patches, and upgrades to Notes Lock or to remove or terminate the functionality of any Notes Lock Software in accordance with the termination provisions of this Agreement (collectively “modifications”). All Modifications will be related to the New Softwares.net Products and will not include additional software from third parties.
You may Uninstall Notes Lock Application by using any uninstall utility that accompanies the installed Notes Lock or through the uninstall mechanism provided by your compatible operating system. Uninstalling the Notes Lock SOFTWARE will cause them to cease to functioning. Uninstalling Notes Lock will result in you not being able to access any protected data that was stored using the Notes Lock application. Uninstalling free Notes Lock will result in the inability of others backing up to that device to retrieve their backed up data from that device. New Softwares.net does not warrant that any and all portions of the Notes Lock will be removed by any uninstall utility or the uninstall mechanism of your operating system. New Softwares.net does not warrant that all of your mobile device’s software content, including but not limited to the operating system, will regress to a state of operation, including but not limited to settings and options that are identical to those that existed prior to the installation of Notes Lock Software. You remain bound by the terms of this Agreement, including but not limited to its disclaimer of warranties, limitation of liability, exclusive remedy, intellectual property, and ownership clauses even after you uninstall the Notes Lock application.
You agree to maintain and respect copyright, trademarks and other proprietary notices on all copies, in any form, of the Notes Lock and avoid all sorts of infringements in the same form and manner that such copyright and other proprietary notices are included on the Notes Lock Application. Except as expressly authorized in this Agreement, you shall not make any copies or duplicates of any Notes Lock Application without the prior written permission of New Softwares.net.
This Agreement shall be effective as of your acceptance of this Agreement and shall continue in effect until terminated by either party. Either party may, at its election and in its sole discretion, terminate this Agreement at will, except as otherwise set forth in this Agreement. New Softwares.net specifically reserves the right to terminate this agreement and your use of New Softwares.net products immediately, without notice from New Softwares.net, if you fail to comply with any provision of this Agreement.
ACCORDING TO THIS SECTION OR OTHER SECTIONS OF THIS AGREEMENT, NEW SOFTWARES.NET MAY TERMINATE YOUR ABILITY TO CONTINUE TO USE NEW SOFTWARES.NET PRODUCTS OR SERVICES.
You acknowledge and agree that New Softwares.net has set its prices and entered into this agreement and sales of New Softwares.net Products in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
New Softwares.net warrants that, for a period of ninety (90) days from the date of the first purchase of Notes Lock Application that such version, in the form delivered by New Softwares.net, will substantially conform to and perform substantially in accordance with New Softwares.net published documentation, to the extent such exists, with respect thereto when installed and operated in accordance with New Softwares.net specifications, and New Softwares.net will endeavor to correct any failure of the New Softwares.net Products to so conform or perform of which New Softwares.net receives written notice from you within said ninety (90) day period. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEW SOFTWARES.NET PRODUCTS FURNISHED BY NEW SOFTWARES.NET AND ACCEPTED BY YOU ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY NEW SOFTWARES.NET. NEW SOFTWARES.NET DOES NOT WARRANT THAT THE NEW SOFTWARES.NET PRODUCTS OR ASSOCIATED DOCUMENTATION WILL MEET THE YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE NEW SOFTWARES.NET PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF NEW SOFTWARES.NET PRODUCTS IS WITH YOU.
LIMITATION OF REMEDIES. YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE FOREGOING LIMITED WARRANTY WILL BE THAT (A) NEW SOFTWARES.NET WILL ENDEAVOR TO CORRECT WITHIN A REASONABLE TIME ANY REPORTED FAILURE OF NEW SOFTWARES.NET PRODUCTS TO SUBSTANTIALLY CONFORM TO OR PERFORM SUBSTANTIALLY IN ACCORDANCE WITH NEW SOFTWARES.NET SPECIFICATIONS, TO THE EXTENT SUCH SPECIFICATIONS EXIST, DURING THE WARRANTY PERIOD SET FORTH IN SECTION 12 OF THIS AGREEMENT OR (B) IN THE EVENT THAT NEW SOFTWARES.NET SHALL FAIL OR BE UNABLE FOR ANY REASON TO CORRECT ANY SUCH FAILURE OR NON- CONFORMITY OF THE NEW SOFTWARES.NET PRODUCTS YOU MAY TERMINATE THE END USER LICENSE AGREEMENT AS TO THE AFFECTED NEW SOFTWARES.NET PRODUCTS.
LIMITATION OF NEW SOFTWARES.NET LIABILITY. IN NO EVENT WILL NEW SOFTWARES.NET BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF CAPITAL OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY NEW SOFTWARES.NET PRODUCT FURNISHED OR TO BE FURNISHED BY NEW SOFTWARES.NET UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF NEW SOFTWARES.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND THE AGGREGATE LIABILITY OF NEW SOFTWARES.NET UPON ANY AND ALLCLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY NEW SOFTWARES.NET PRODUCTS.
FURNISHED OR TO BE FURNISHED BY NEW SOFTWARES.NET UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE AMOUNT PAID BY YOU TO NEW SOFTWARES.NET FOR YOUR PURCHASES OF NEW SOFTWARES.NET PRODUCTS UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTHING IN THIS AGREEMENT SHALL OPERATE TO RELIEVE NEW SOFTWARES.NET FROM LIABILITY FOR ITS OWN WILLFUL OR WANTON RECKLESSNESS OR INTENTIONAL TORTS.
COPYRIGHT, PATENT, TRADE SECRET, AND TRADEMARK INDEMNITY. Subject to the limitations of Section 14, New Softwares.net will defend you and hold you harmless against liability upon any claim by any third party that the New Softwares.net Products as furnished by New Softwares.net infringe or violate any copyright, trademark or trade secret rights of such third party or any patent rights of such third party under a United States patent issued as of the effective date of this agreement, provided that: a) you notify New Softwares.net promptly in writing of any notice of any such claim; b) you cooperate with New Softwares.net in all reasonable respects in connection with the investigation and defense of any such claim; c) New Softwares.net shall have sole control of the defense of any action.
On any such claim and all negotiations for its settlement or compromise; and d) should the New Softwares.net Products become, or in New Softwares.net opinion be likely to become, the subject of a claim of copyright, patent or trademark infringement or trade secret misappropriation, you will permit New Softwares.net, at New Softwares. Net’s option and expense, either to: i) procure for you the right to continue using the affected New Softwares.net Products; ii) replace or modify the same so that it becomes non-infringing; or iii) terminate this Agreement with respect to such New Softwares.net products and refund to you the amount of the license fees paid to New Softwares.net for charges for the thirty (30) day billing cycle during which you notified New Softwares.net in writing of any such claims. Notwithstanding anything herein to the contrary, however, New Softwares.net shall have no obligation or liability under any provision of this Section if any copyright, patent or trademark infringement or trade secret misappropriation claim is based upon use of New Softwares.net Products in a manner other than that for which it was furnished by New Softwares.net, upon any New Softwares.net Products which has been modified by or for you in such a way as to cause it? To become infringing, or upon any trademark or service mark which is not used by New Softwares.net
You will, to the fullest extent permitted by law, indemnify New Softwares.net against and hold New Softwares.net harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees in connection with investigating, defending, or settling any claim relating to or arising out of any acts or omissions on the part of you which gives rise to claims against New Softwares.net by third parties.
The purchase and Use of New Softwares.net Products by the U.S. Government is considered a commercial use by New Softwares.net
You represent and warrant that you have rights to the mobile device you intend to install New Softwares.net Products on, you shall use them only for lawful purposes, you will comply at all times with all applicable federal, state, and local laws and regulations applicable to the use of the same, you agree not to use any means to interfere with any the New Softwares.net Products except to uninstall the same as provided herein.
Every provision of this Agreement will be construed, to the full extent possible, so as to be valid and enforceable. If not, then such provision will be deemed severed from this Agreement.
This Agreement supersedes any prior representations regarding the same subject matter hereof.
This Agreement will in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and the state of Oregon without respect to its choice of law provisions.
If you have any questions regarding this Agreement or wish to obtain additional information, please send a letter via U.S. Mail to 15500 SW Jay Street, #37715, Beaverton, OR 97006, USA.
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Company: New Softwares.net
Product Page: http://www.newsoftwares.net/notes-lock/