End User License Agreement (EULA)

IMPORTANT - READ CAREFULLY: Please be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement ("EULA").

Agreement

This document is an agreement between you and FreshPlanet Inc. with offices at FreshPlanet Inc., 381 Park Avenue South Street, New York, New York, U.S.A. 10016 ("Company"). The software and any accompanying printed materials are licensed to you only on the condition that you accept all of the terms contained in this EULA. By installing or otherwise using the Software, you agree to be bound by the terms of this EULA.

If you do not agree to the terms of this EULA: do not use or install the Software.

You acknowledge that you have read the EULA, understand it and agree to be bound by its terms and conditions.

Copyright

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, music, text and "applets" incorporated into the Software) and any printed materials accompanying the Software are owned by the Company or its Licensors.

Grant of License

The Software is licensed to you and its use is subject to this EULA. The Company grants you a limited, personal, non-exclusive license to use the Software for the sole purpose of installing it on your mobile phone and using it as part of a car infotainment system. The Company reserves all rights not expressly granted to you in this EULA.

Restrictions

1. You may not delete or obscure any copyright, trademark or other proprietary notice on the Software or accompanying printed materials.
2. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software.
3. You may not copy, rent, lease, sublicense, distribute, publicly display the Software, create derivative works based on the Software or otherwise commercially exploit the Software.
4. You may not electronically transmit the Software from the infotainment system to another platform or over a network.
5. You may not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event it is destroyed or becomes defective.

Termination

This EULA is effective until terminated. You may terminate this EULA at any time by destroying the Software. This EULA will terminate automatically without notice from the Company if you fail to comply with any provisions of this EULA. All provisions of this EULA as to warranties, limitation of liability, remedies and damages will survive termination.

Disclaimer of Warranties

You are aware and agree that use of the Software and the media on which it is recorded is at your sole risk. The Software and media are supplied "AS IS". The Company does not warrant that the Software or its operations or functions will meet your requirements, or that the use of the Software will be without interruption or error.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL THE LIABILITY OF THE COMPANY FOR DAMAGES WITH RESPECT TO THE SOFTWARE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE SOFTWARE.

Choice of Law and Venue

This EULA is governed by the laws of the State of New York, United States and you agree to submit any dispute arising out of this EULA to the exclusive jurisdiction of the federal or state courts located in New York, New York.

Data Protection

This game does not collect or manage any of your personal information.

Miscellaneous

If any provision or portion of this EULA is found to be unlawful, void, or for any reason unenforceable, it will be severed from and in no way affect the validity or enforceability of the remaining provisions of the EULA.

This EULA constitutes the entire agreement between you and the Company regarding the Software and its use.