End-User License Agreement of the yuilop App (“EULA”)

 

Some pieces of free and open-source software have helped to develop yuilop. A few require that we include their license agreements within our product. Many thanks to all the developers behind the programs below!

mOcean

Localytics

XMPP Framework

JSON

Asmack

Oauth-signpost

CWAC-AdapterWrapper

oRTP

HPGrowingTextView

Yuilop, S.L. (“Yuilop” or “we” or “us” or “our” or other similar pronouns) offers users with mobile devices (“You”) calling and text messages services (“Services”) transacted through a licensed application (“Licensed Application”) for mobile devices. Our Licensed Application is licensed, not sold, to You for use only under the terms of this license. We reserve all rights not expressly granted to You.

1.              Scope of License

 This license granted to You for our Licensed Application is limited to a non-transferable license to use the Licensed Application on any mobile device that You own or control and as permitted by the Usage Rules set forth in our Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any mobile device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple mobile devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. 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 Application, 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 Application). Any attempt to do so is a violation of our rights. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by us that replace and/or supplement our Services, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2.              Consent to Use of Data

You agree that we may collect and use technical data and related information, including but not limited to technical information about Your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. We may use this information, as long as it is in a form that does not personally identify You, to improve our Services offered to You (for further information on our privacy policy).

3.              Termination

The license is effective until terminated by You or us. We will terminate your rights under this license without notice if You fail to comply with any term(s) of this license and / or the terms of use of the service. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

4.              NO WARRANTY

Unless required by applicable law or agreed in writing and notwithstanding what is stated in the above Terms & Conditions of the Service THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 5.              Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW AND IN CASE OF CONTRADICTION SAVE WHAT IS STATED IN THE TERMS OF USE OF THE SERVICE, IN NO EVENT SHALL WE 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 APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our 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 five thousand euros (€5000). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

6.              Jurisdiction:

The laws of Spain govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

Copyright © 2012 yuilop, S.L. All rights reserved.

This product includes software developed by the Apache Group for use in the Apache HTTP server project (http://www.apache.org/)

Asmack (XMPP) and Oauth Signpost Library Copyright © 1995-1999 by The Apache Group. All rights reserved. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0. See the License for the specific language governing permissions and limitations under the License.