End-User License Agreement for Window Manager
Window Manager by HardCoder
WindowManager terms and conditions of use:
Effective as of October 1, 2019
Hello, and welcome to the WindowManager Terms and Conditions of Use ("Terms"). The Terms you see below are important because they:
Outline your legal rights on WindowManager
Explain the rights you give to us when you use WindowManager
Describe the rules everyone needs to follow when using WindowManager
Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully.
1)
Thanks for choosing WindowManager("us", "our", "we")
By using this app and all content and software applications asociated with it, any of these WindowManager services, including all asociated features and functionalities, website and user interfaces, all content and software applications asociated with our services (collectively the "WindowManager service and software") or accessing any content or material that is made available through the Service (the "Content") you are accepting this terms and conditions.
Your agreement with us includes these Terms and any additional terms that you agree to and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
2)
We may make changes to the Agreements. When we make material changes to the Agreements, we will release an update of the app with the updated agreement.
3)
The WindowManager service and software are our property, we grant you limited, non-exclusive, revocable permission to make use of it. You promise and agree that you are using the WindowManager service and software fairly without violating any laws, that you will not redistribute or transfer it and you will not redistribute or transfer the Content.
The WindowManager service and software and the Content are not sold or transferred to you, and we retain ownership of all copies of the WindowManager software applications and content that include images even after installation on your personal computers, and or other devices ("Devices").
The Agreements do not grant you any rights to use any WindowManager Brand Features whether for commercial or non-commercial use.
4)
The WindowManager Service is integrated with or may otherwise interact with third party applications, websites, and services ("Third Party Applications"). These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we does not endorse and we are not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications, and we do not warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.
WindowManager has no obligation to monitor, review, or edit User Content.
5)
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the WindowManager Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.
If you provide feedback, ideas or suggestions to us in connection with the WindowManager Service and software or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize us to use that Feedback without restriction and without payment to you.
6) User Guidelines
We respect intellectual property rights and expect you to do the same, we established a few rules you must follow.
The following is not permitted for any reason:
1. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the WindowManager Service and Software, Content or any part thereof except to the extent permitted by applicable law;
2. circumventing any technology used by WindowManager or any third party to protect the Content or the Service;
3. selling, renting, sublicensing or leasing of any part of the WindowManager Service and Software or the Content;
4. circumventing or blocking advertisements in the WindowManager Service, or creating or distributing tools designed to block advertisements in the WindowManager Service;
7)
WindowManager reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the WindowManager Service and Software, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the WindowManager Service and Software or any function or feature thereof.
You acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. We may terminate the Agreements or suspend your access to the WindowManager Service and Software at any time, including in the event of your actual or suspected unauthorized use of the WindowManager Service and Software and/or Content, or non-compliance with the Agreements, or if we withdraw Services and/or Content.
If you or we terminate the Agreements, or if we suspend your access to the WindowManager Service and Software, you agree that we shall have no liability or responsibility to you, and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. This section will be enforced to the extent permissible by applicable law.
All sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
8)
YOU UNDERSTAND AND AGREE THAT THE WINDOWMANAGER SERVICE AND SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WE NOR ANY OWNER OF CONTENT WARRANTS THAT THE WINDOWMANAGER SERVICE AND SOFTWARE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE MAKE NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE WINDOWMANAGER SERVICE AND SOFTWARE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY ON BEHALF OF US. WHILE USING THE WINDOWMANAGER SERVICE AND SOFTWARE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9)
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WINDOWMANAGER SERVICE AND SOFTWARE IS TO UNINSTALL ANY WINDOWMANAGER SOFTWARE AND TO STOP USING THE WINDOWMANAGER SERVICE. YOU AGREE THAT WE HAVE NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE WINDOWMANAGER SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO WINDOWMANAGER, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL US, OUR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WINDOWMANAGER SERVICE AND SOFTWARE, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WINDOWMANAGER SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10)
the Agreements are not intended to grant rights to anyone except you and WindowManager, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
11)
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by us to enforce the Agreements or any provision thereof shall not waive our right to do so.
12)
We may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and we may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
13) Indemnification
You agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the WindowManager Service; and (4) your violation of any law or the rights of a third party.
Thank you for reading our Terms. We hope you enjoy WindowManager!