APPLICATION END USER LICENSE AGREEMENT
This End User License Agreement (“EULA”) is a binding contract between WTX Hub (“WTX Hub”) and you (“You”), as a user of the WTX Hub Applications (the “Licensed Applications”) downloaded from the Google Play, Amazon or the WTX Hub website marketplace. The Licensed Applications is licensed, not sold, to You for use only under the terms of this EULA. This EULA is between You and WTX Hub, and WTX Hub is solely responsible for the Licensed Applications and the content thereof. WTX Hub reserves all rights not expressly granted to You.
a. Scope of License: WTX Hub grants to You a non-transferable, non-exclusive, revocable license to use the Licensed Applications on the mobile device that You own or control and as permitted by the Usage Rules set forth in the Google Play Terms of Service (the “Usage Rules”). This license does not allow You to use the Licensed Applications on any mobile device that You do not own or control, and You may not distribute or make the Licensed Applications 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 Applications. 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 Applications, 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 Applications). Any attempt to do so is a violation of the rights of WTX Hub. If You breach this restriction, You may be subject to prosecution and damages. The terms of this EULA will govern any upgrades provided by WTX Hub that replace or supplement the original Licensed Applications, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
c. Termination. The EULA is effective until terminated by You or WTX Hub. Your rights under this EULA will terminate automatically without notice from WTX Hub if You fail to comply with any term of this EULA. Upon termination of this EULA, You shall cease all use of the Licensed Applications, and destroy all copies, full or partial, of the Licensed Applications.
d. Services; Third Party Materials. The Licensed Applications may enable access to WTX Hub’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. The information provided by the Licensed Applications is provided to You for informational and reference purposes only. While every effort has been made to ensure the quality and accuracy of information displayed through the Licensed Applications, WTX Hub shall not be held responsible for incomplete, inaccurate, invalid or incorrect information displayed through the Licensed Applications.
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 WTX Hub 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. WTX Hub 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 or Third Party Materials. Third Party Materials and links to other web sites are provided solely as a convenience to You. Neither WTX Hub, nor any of its content providers, guarantees the availability, accuracy, completeness, or reliability of any Services. You should exercise judgment in your use of any Services.
You agree that 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 WTX Hub 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, Services that may be accessed from, displayed on or linked to from the mobile device are not available in all languages or in all countries. WTX Hub makes no representation that Services are appropriate or available for use in any particular location. To the extent You choose to access such Services, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. WTX Hub 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 WTX Hub be liable for the removal of or disabling of access to any such Services. WTX Hub may also impose limits on the use of or access to certain Services without notice or liability. Google or Amazon or any third party has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Applications.
e. No Warranty. USE OF THE LICENSED APPLICATIONS IS AT YOUR SOLE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATIONS AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WTX HUB HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATIONS AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WTX HUB DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATIONS, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATIONS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATIONS OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WTX HUB OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATIONS 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.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WTX HUB 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 OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATIONS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WTX HUB 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. In no event shall WTX Hub’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. Export. You may not use or otherwise export or re-export the Licensed Applications except as authorized by English law and the laws of the jurisdiction in which the Licensed Applications was obtained. In particular, but without limitation, the Licensed Applications may not be exported or re-exported (a) into any U.K. 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 Applications, 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 English law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
h. Government Users. The Licensed Applications 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.
i. Governing Law. The laws of England, excluding its conflicts of law rules, govern this license and Your use of the Licensed Applications. Your use of the Licensed Applications may also be subject to other local, state, national, or international laws.
j. Contact Information. Your questions, complaints or claims with respect to the Licensed Applications should be directed to: