Last updated: September 28, 2020
Agreement. This Licensed Application End User License Addendum ("EULA") is between you and Liteboxer Technologies, Inc. ("LITEBOXER") and governs your use of LITEBOXER’s mobile application for iOS or Android (the "Licensed Application").
Terms of Service. This EULA is an addendum to LITEBOXER’s Terms of Service (https://liteboxer.com/pages/terms-of-service). LITEBOXER reserves all rights in and to the Licensed Application not expressly granted to you under this EULA. To use the Licensed Application, you may be required to register to become a LITEBOXER member. In doing so, you accept the LITEBOXER Terms of Service.
Parties. This EULA is between you and LITEBOXER only, and not Apple, Inc. ("Apple") or Google LLC (“Google”). LITEBOXER, not Apple or Google, is solely responsible for the Licensed Application and its content. Although Apple is not a party to this EULA, Apple has the right to enforce this EULA against you as a third-party beneficiary relating to your use of the Licensed Application.
Scope of License. LITEBOXER grants you a limited, non-exclusive, non-transferable, revocable license to use the Licensed Application for your personal, non-commercial purposes. You may only use the iOS version of the Licensed Application on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by LITEBOXER that replace or supplement the original Licensed Application, unless such upgrade is accompanied by an updated EULA.
- By installing, copying, or otherwise using the Licensed Application, you acknowledge that you have read and understood this Agreement, and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not install, copy, or use the Licensed Application or any music, images, video, text, or other material available through the Service (“Content”).
- You agree that you will not, for any reason whatsoever, reverse engineer, de-compile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Licensed Application or Content. You agree to abide by the rules and policies established from time to time by LITEBOXER. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Licensed Application, and may include, for example, required or automated updates, modifications, and/or re-installations of the software and obtaining available patches to address security, interoperability, and/or performance issues.
- You agree not to make any use of the Content that would infringe the copyright therein.
- Licensed Application and any related software may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your personal, noncommercial entertainment use. This Content may be owned by LITEBOXER or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content will be limited by copyright law. You agree that you will not attempt to modify any software or Content obtained through the Service for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content.
- You represent, warrant and agree that you are using the Licensed Application hereunder for your own personal, noncommercial entertainment use and not for redistribution or transfer of any kind. You agree not to redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Licensed Application.
- LITEBOXER and/or the owners of the Content may, from time to time, remove Content from the Licensed Application without notice.
- The owners of Content are intended beneficiaries of this EULA and shall have the right to enforce this EULA against you.
- NEITHER LITEBOXER NOR ANY OWNER OF CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THE LICENSED APPLICATION OR FROM SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
Termination. This EULA is effective until terminated by you or LITEBOXER. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
WARRANTY. THE LICENSED APPLICATION IS PROVIDED FOR FREE ON AN "AS IS" BASIS. AS SUCH, LITEBOXER DISCLAIMS ALL WARRANTIES ABOUT THE LICENSED APPLICATION TO THE FULLEST EXTENT PERMITTED BY LAW. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. THE LICENSED APPLICATION INCLUDING ALL SOFTWARE, CONTENT AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LICENSED APPLICATION ARE PROVIDED "AS-IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND FROM LITEBOXER OR ANY OWNERS OF CONTENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LITEBOXER AND ALL OWNERS OF CONTENT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT. NEITHER LITEBOXER NOR ANY OWNER OF CONTENT WARRANTS THAT THE LICENSED APPLICATION OR ANY SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LITEBOXER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION 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. TO THE EXTENT ANY WARRANTY EXISTS UNDER LAW THAT CANNOT BE DISCLAIMED, LITEBOXER, NOT APPLE OR GOOGLE, SHALL BE SOLELY RESPONSIBLE FOR SUCH WARRANTY OBLIGATIONS AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LITEBOXER 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 OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LITEBOXER 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 LITEBOXER’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 ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Maintenance and Support. Because the Licensed Application is free to download and use, LITEBOXER does not guarantee any maintenance or support. LITEBOXER may, in its discretion, choose to provide support to owners of LITEBOXER hardware. To the extent that any maintenance or support is required by applicable law, LITEBOXER, not Apple or Google, shall be obligated to furnish any such maintenance or support.
Third Party Intellectual Property Claims. LITEBOXER shall not be obligated to indemnify or defend you with respect to any third-party claim arising out or relating to the Licensed Application. To the extent LITEBOXER is required to provide indemnification by applicable law, LITEBOXER, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Licensed Application or your use of it infringes any third-party intellectual property right.
Product Claims. LITEBOXER does not make any warranties concerning the Licensed Application. To the extent permitted by applicable law, LITEBOXER disclaims all warranties concerning the Licensed Application. To the extent you ever have any valid claim arising from or relating to your use of the Licensed Application, LITEBOXER, not Apple or Google, is responsible for addressing any such claims, which may include, but are not limited to: (i) any product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection, privacy, or similar legislation, including in connection with the use of the HealthKit framework. Nothing in this agreement shall be deemed an admission that you may have such claims.
U.S. Legal Compliance. You represent and warrant 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.
External Services. The Licensed Application may enable access to LITEBOXER’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. LITEBOXER is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by LITEBOXER or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of LITEBOXER or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that LITEBOXER is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. LITEBOXER reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
No Export. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, 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 United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
Commercial Software. The Licensed Application 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.
Open Source Software. This section identifies all Open Source Materials used in the Licensed Application and identifies the licenses under which such Open Source Materials were used. LITEBOXER is in compliance with the terms and conditions of all licenses for the Open Source Materials. LITEBOXER has not (i) incorporated Open Source Materials into, or combined Open Source Materials with, LITEBOXER-Owned Intellectual Property or LITEBOXER Products, (ii) distributed Open Source Materials in conjunction with any LITEBOXER-Owned Intellectual Property or LITEBOXER Products or (iii) used Open Source Materials, in such a way that, with respect to clauses (i) or (ii), creates, or purports to create, obligations for LITEBOXER with respect to any LITEBOXER-Owned Intellectual Property or grant, or purport to grant, to any third party any rights or immunities under any LITEBOXER-Owned Intellectual Property (including using any Open Source Materials that require, as a condition of use, modification and/or distribution of such Open Source Materials that other software incorporated into, derived from or distributed with such Open Source Materials be (A) disclosed or distributed in source code form, (B) be licensed for the purpose of making derivative works or (C) be redistributable at no charge).
Open Source Materials
- NET (https://github.com/JamesNK/Newtonsoft.Json). Copyright © 2007 James Newton-King. Licensed under the MIT license: (https://github.com/JamesNK/Newtonsoft.Json/blob/master/LICENSE.md).
- microrl (https://github.com/Helius/microrl). Copyright 2017 Eugene Samoylov aka Helius (email@example.com). Licensed under the Apache License (http://www.apache.org/licenses/LICENSE-2.0).
- NAudio (https://github.com/naudio/NAudio). Licensed under the Microsoft Public License (https://github.com/naudio/NAudio/blob/master/license.txt).
- SimpleJSON (https://github.com/Bunny83/SimpleJSON). Copyright © 2012-2017 Markus Göbel (Bunny83). Licensed under the MIT license: (https://github.com/Bunny83/SimpleJSON/blob/master/LICENSE).
- UnityNativeGallery (https://github.com/yasirkula/UnityNativeGallery) . Licensed under the MIT License (https://github.com/yasirkula/UnityNativeGallery/blob/master/LICENSE.txt).
- ABeeZee - Copyright © 2011 by Anja Meiners (carrois.com firstname.lastname@example.org), with Reserved Font Name ‘ABeeZee’ This Font Software is licensed under the SIL Open Font License, Version 1.1 (https://www.fontsquirrel.com/license/abeezee)
- Comprehension - Copyright © 2016, Alfredo Marco Pradil (email@example.com),
with Reserved Font Name “Comprehension”. Distributed by JAM Design (http://wearejam.co). This Font Software is licensed under the SIL Open Font License, Version 1.1. (https://www.fontsquirrel.com/license/comprehension)
- Enriqueta - Copyright © 2011, FontFuror (firstname.lastname@example.org), with Reserved Font Names “Enriqueta” and “Enriqueta Pro”. This Font Software is licensed under the SIL Open Font License, Version 1.1. (https://www.fontsquirrel.com/license/enriqueta)
- Exo2 - Copyright © 2013, Natanael Gama (ndiscovered.com . email@example.com), with Reserved Font Name Exo. This Font Software is licensed under the SIL Open Font License, Version 1.1. (https://www.fontsquirrel.com/license/exo-2)
- Fengardo-neue - This Font Software is licensed under the SIL Open Font License, Version 1.1. (https://www.fontsquirrel.com/license/fengardo-neue)
- Overpass - Copyright 2011 Red Hat, Inc., with Reserved Font Name OVERPASS. This Font Software is licensed under the SIL Open Font License, Version 1.1. (https://www.fontsquirrel.com/license/overpass)
- Rambla - Copyright © 2011-2012, Martin Sommaruga (firstname.lastname@example.org), with Reserved Font Name ‘Rambla’. This Font Software is licensed under the SIL Open Font License, Version 1.1. (https://www.fontsquirrel.com/license/rambla)
- Scada - Copyright © 2008-2012 by Jovanny Lemonad (http://www.jovanny.ru). This Font Software is licensed under the SIL Open Font License, Version 1.1. (https://www.fontsquirrel.com/license/scada)
Jurisdiction. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and LITEBOXER shall be governed by the laws of the Commonwealth of Massachusetts. You and LITEBOXER agree to submit to the personal and exclusive jurisdiction of the courts located within Suffolk County, Massachusetts, to resolve any dispute or claim arising from this Agreement. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Contact Information. Should you have any questions, complaints, or claims relating to the Licensed Application, please contact us at email@example.com. You may also write to us at: