END USER LICENSE AGREEMENT FOR EASY VOICE RECORDER AND EASY VOICE RECORDER PRO
THIS APPLICATION IS LICENSED, NOT SOLD. YOUR USE OF THE APPLICATION (AS SPECIFIED BELOW) IS SUBJECT TO THIS LIMITED WARRANTY AND LICENSE AGREEMENT FOR END USERS AND THE TERMS AND CONDITIONS SET FORTH HEREIN (the “Terms”, or “EULA”).
EVR and EVR Pro were developed by, and are owned and operated by, Digipom Inc. (“Digipom”), a duly incorporated company in the province of Quebec, Canada. Where the present Terms refer to “Digipom”, it may refer to the Application or Digipom or both, depending on the context. These Terms constitute an agreement between you and Digipom.
If you have any questions about the Terms, please contact:
Digipom Legal Services
1. USE OF THE APPLICATION
a. The Application is licensed, not sold. Digipom grants you the non-exclusive, non-transferable, non-sublicensable, limited right and license to install and use the Application solely and exclusively for your personal use on the Device, or the use of any other third party with access to the Device that you control and with your permission, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions for the iOS Application or the Google Play Terms of Service for the Android Application, or other Terms of Service for other third-party app distributors.
b. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
c. You agree that you are solely responsible for (and that Digipom has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the Terms, and for the consequences (including any loss or damage, direct or indirect, pecuniary or non-pecuniary, which Digipom may suffer) of any such breach. Where a third party uses the Application on your Device, you are solely responsible for conforming to these Terms and any breach thereof shall be your responsibility.
d. You agree that you shall be the sole owner of the end products of your use of the Application (“Recordings”). You agree that you shall not use the Application to make Recordings in violation of any applicable criminal or civil law, including but not limited to copyright law. Digipom shall in no way be responsible for your use of the Application or Recordings (whether in violation of an applicable law or not) and specifically disclaims any responsibility thereto.
b. By installing, accessing or using the Application, you consent to those information collection and usage terms, including (where applicable) the transfer of data into a country outside of Canada.
3. ACCESSING AND DOWNLOADING THE IOS APPLICATION FROM THE APPLE ITUNES STORE, AND RELATED ACKNOWLEDGEMENTS
a. You acknowledge and agree that (i) these Terms are concluded between you and Digipom only, and not Apple; and (ii) Digipom, not Apple, is solely responsible for the Application and content thereof, except as it relates to the In-App Purchases as described hereinbelow. Your use of the Application must comply with the Apple Media Services Terms and Conditions, which you are responsible to review from time to time.
b. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
c. Apple will have no warranty obligation whatsoever with respect to the Application. As between Digipom and Apple, any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Digipom, or as further specified and limited hereinafter.
d. You and Digipom acknowledge that, as between Digipom and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This exception does not apply to In-App Purchases, as described hereinbelow.
e. You and Digipom acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Digipom, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, as specified in section 1 above and elsewhere in these Terms.
f. You and Digipom acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Application against you as a third-party beneficiary thereof.
g. You acknowledge that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the Application.
i. You acknowledge that updates to the iOS Application are subject to the approval of Apple, and Digipom, its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”) shall not be held responsible for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from any delay in the approval of updates by Apple.
4. PROPRIETARY RIGHTS
You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Digipom and/or third parties own all right, title and interest in and to the Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto. The Application is being licensed to you and you hereby acknowledge that no title or ownership in the Application is being transferred or assigned and these Terms should not be construed as a sale of any rights in the Application. All rights not specifically granted under these Terms are reserved by Digipom Inc. and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application, (iii) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Digipom’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
b. Digipom may be compensated as a result of this advertising. Digipom makes absolutely no guarantees or warranties with regard to the products and / or services offered by these third parties, and expressly denies any responsibility for any damages whatsoever resulting from your purchase and / or use of these products or services. We encourage you to research any such products and / or services and these third parties prior to making any purchase.
6. IN-APP PURCHASES AND PURCHASES OF EVR PRO
The iOS Application allows for certain purchases to be made from within the Application (an “In-App Purchase”). When you make an In-App Purchase in the iOS Application you acknowledge and agree that: (i) In-App Purchases are purchased from, and billed by, Apple iTunes, not Digipom; (ii) all billing and refund inquiries must be directed to Apple iTunes, not Digipom; (iii) Digipom has no access to your purchase history or any of your Apple account information, so if you want to verify your purchases please refer to your Apple iTunes account history; (iv) you must be 18 years of age or the age of majority in your jurisdiction to make an In-App Purchase; and (v) generally, any In-App Purchase is governed by the financial terms and conditions of the Apple Media Services Terms and Conditions.
When you purchase EVR Pro you acknowledge and agree that: (i) the purchase is made from, and billed by, Google Play or other Third-Party Application Distributor, not Digipom; (ii) all billing and refund inquiries must be directed to the Third-Party Application Distributor, not Digipom; (iii) Digipom has no access to your purchase history or any of your Third-Party Application Distributor account information, so if you want to verify your purchases please refer to your Third-Party Application Distributor account history; (iv) you must be 18 years of age or the age of majority in your jurisdiction to purchase EVR Pro; and (v) generally, your purchase is governed by the financial terms and conditions of the Google Play Terms of Service, or Terms of the other Third-Party Application Distributor where you made the purchase.
These Terms will continue to apply until terminated by either you or Digipom as set forth herein. You may terminate these Terms at any time by permanently deleting the Application from your Device in its entirety. Your rights automatically and immediately terminate without notice from Digipom or any Third Party if you fail to comply with any provision of these Terms. In such event, you must immediately delete and destroy all copies of the Application and all of its component parts and cease and desist from accessing any service components of the Application.
To the maximum extent permitted by law, you agree to defend, indemnify and hold Digipom and its Representatives, its partners, affiliates and their respective directors, officers, contractors, employees and agents harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Application, including your downloading, installation, or use of the Application, or your violation of these Terms.
9. DISCLAIMER OF WARRANTIES
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.
b. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
c. DIGIPOM AND ITS REPRESENTATIVES FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.
d. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DIGIPOM, ITS REPRESENTATIVES AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APPLICATION, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR DEVICE, WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11. EXTERNAL LINKS
In no way will Digipom or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (i) for your use of websites or other services that may be linked to from the Application or the information thereon; (ii) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (iii) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (iv) for the actions of the operators of any such website or service.
c. The failure of Digipom to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision, which will still be available to Digipom.
e. The rights granted in these Terms may not be assigned or transferred by either you or Digipom without the prior written approval of the other party. Where a third party uses the Application installed on your Device, you are legally responsible for that third party’s use and are bound by these Terms. Neither you nor Digipom are permitted to delegate their responsibilities or obligations under these Terms without the prior written approval of the other party.
f. You hereby agree that if these Terms are not specifically enforced, Digipom will be irreparably damaged, and therefore you agree that Digipom shall be entitled, without bond, other security or proof of damages, to all appropriate equitable or similar remedies, including injunctive relief, with respect to your breach of any of the terms of these Terms, in addition to any other available remedies.
g. Use of the Application shall be governed by and construed in accordance with the laws of the Province of Quebec in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Digipom shall be brought exclusively in the courts of the Judicial District of Montreal, Quebec, Canada.
h. Digipom shall not be liable for any failure to perform its obligations under the present EULA where such failure results from any cause beyond Digipom’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.
© Digipom 2017