IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE Balloon - Network Helper APPLICATION.
This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you (either an individual or a single entity) and the owner and operator of Balloon - Network Helper ("Licensor", "we", "us", or "our") for the Balloon - Network Helper software application, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software").
By downloading, installing, copying, 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 download, install, or use the Software.
1.1. Subject to the terms and conditions of this EULA, Licensor hereby grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Software on devices owned or controlled by you, solely for your personal, non-commercial use.
1.2. This license does not entitle you to receive any updates, supplements, add-on components, or Internet-based services components of the Software, except as provided by Licensor at its sole discretion.
2.1. Installation and Use: You may install and use the Software on multiple devices owned or controlled by you, provided that you are the only individual using the Software, unless a multi-user subscription has been purchased.
2.2. Subscription Model: Access to certain features of the Software requires a paid subscription. The terms of subscription, including pricing and features, are subject to change at Licensor's discretion. Cancellation of a subscription will not result in a refund of any portion of the subscription fee.
2.3. Reproduction and Distribution: You may not make copies of the Software or distribute the Software to third parties.
2.4. Reverse Engineering: You may not reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
2.5. Separation of Components: The Software is licensed as a single product. Its component parts may not be separated for use on more than one device unless expressly permitted by this EULA or by specific prior written permission from Licensor.
2.6. Rental and Leasing: You may not rent, lease, lend, sublicense, or provide commercial hosting services with the Software.
2.7. Support Services: Licensor may provide you with support services related to the Software ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this EULA.
2.8. Compliance with Laws: You must comply with all applicable laws regarding use of the Software. You may not use the Software for any unlawful purpose or in any manner that violates any applicable local, state, national, or international law or regulation.
2.9. Geographic Restrictions: The Software is intended for use worldwide. However, certain features or functionality may be restricted in certain jurisdictions due to local regulations or technical limitations. Licensor makes no representation that the Software is appropriate or available for use in any particular location.
3.1. The Software and all copies thereof, including but not limited to all copyrights, trademarks, trade secrets, patents, and other intellectual property rights, are owned by Licensor or its suppliers.
3.2. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The structure, organization, and code of the Software are valuable trade secrets and confidential information of Licensor.
3.3. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by Licensor or its suppliers. You must treat the Software like any other copyrighted material, except that you may make one copy of the Software solely for backup or archival purposes.
3.4. You acknowledge and agree that the Software, including its code, documentation, structure, organization, and design, constitute valuable trade secrets belonging to Licensor. You agree not to disclose any such trade secrets to any third party at any time during or after the term of this EULA.
4.1. Licensor respects your privacy and is committed to protecting your personal information. Our collection and use of your information is governed by our Privacy Policy, which is incorporated into this EULA by reference.
4.2. By using the Software, you consent to the collection and use of certain information as described in our Privacy Policy. The Software may collect device identifiers and technical information necessary for the operation of the Software and for improving our services.
4.3. The Software uses third-party DNS providers, such as Google DNS, to resolve domain names. Your use of these third-party services is subject to their respective terms of service and privacy policies.
4.4. You acknowledge and agree that Licensor may, without liability to you, access, use, preserve, and/or disclose your information to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Licensor has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to comply with legal process or to protect the rights, property, or safety of Licensor, its users, or the public.
5.1. The Software may include or provide access to third-party software or services. This EULA does not grant you any rights to use such third-party software or services.
5.2. Your use of any third-party software or services is governed by the terms of use, license agreements, privacy policies, or other terms and conditions applicable to such third-party software or services.
5.3. You acknowledge and agree that Licensor is not responsible for any third-party software or services, including their content, accuracy, availability, functionality, or reliability.
6.1. This EULA shall remain in effect until terminated by you or Licensor.
6.2. You may terminate this EULA at any time by permanently deleting the Software from all devices in your possession or control.
6.3. Licensor may terminate this EULA immediately and without notice if you fail to comply with any term of this EULA. Upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control.
6.4. If Licensor decides to cease operation of the Software entirely, Licensor will provide prior notice to users through appropriate channels. In such cases, subscription services will remain available to existing subscribers until their current subscription period expires.
6.5. The provisions of Sections 3, 4, 7, 8, 9, 10, 12, and 13 shall survive termination of this EULA.
7.1. You acknowledge that the Software may be subject to export restrictions imposed by the laws of the country or jurisdiction in which you are located and/or from which the Software is accessed or used.
7.2. You agree to comply with all applicable international and national laws that apply to the Software, including all applicable export restriction laws and regulations.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.1. Licensor does not warrant that the functions contained in the Software will meet your requirements, that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected.
8.2. Licensor does not warrant or make any representations regarding the use or the results of the use of the Software in terms of its correctness, accuracy, reliability, or otherwise.
8.3. No oral or written information or advice given by Licensor or its authorized representatives shall create a warranty or in any way increase the scope of this warranty.
8.4. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In that case, any implied warranties are limited in duration to ninety (90) days from the date of delivery of the Software.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR, ITS AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS, OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.1. In no event shall Licensor's total liability to you for all damages exceed the amount you paid for the Software, if any.
9.2. The user assumes full responsibility for their use of the Software. The user acknowledges that they are using the Software at their own risk and will be solely responsible for any damage to their device, loss of data, or other harm that results from such use.
9.3. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
10.1. You agree to indemnify, defend, and hold harmless Licensor, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of this EULA.
10.2. Licensor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Licensor in asserting any available defenses.
11.1. Licensor reserves the right, at its sole discretion, to modify or replace this EULA at any time. Licensor will provide notice of any material changes to this EULA through the Software or other appropriate means.
11.2. Your continued use of the Software after any such changes constitutes your acceptance of the new EULA.
11.3. If you do not agree to the terms of the new EULA, you must stop using the Software and remove it from all devices under your control.
12.1. This EULA shall be governed by and construed in accordance with the laws of the jurisdiction in which Licensor is established, without regard to its conflict of law provisions.
12.2. Any dispute arising out of or in connection with this EULA, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the arbitration center of the jurisdiction in which Licensor is established, which rules are deemed to be incorporated by reference into this clause.
12.3. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be in the jurisdiction where Licensor is established. The language to be used in the arbitral proceedings shall be English.
12.4. Notwithstanding the foregoing, Licensor reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
13.1. If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
14.1. No waiver of any term of this EULA shall be deemed a further or continuing waiver of such term or any other term, and Licensor's failure to assert any right or provision under this EULA shall not constitute a waiver of such right or provision.
15.1. This EULA, together with any amendments and any additional agreements you may enter into with Licensor in connection with the Software, shall constitute the entire agreement between you and Licensor concerning the Software and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any other subject matter covered by this EULA.
15.2. To the extent the terms of any Licensor policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
16.1. If you have any questions about this EULA, please contact Licensor at nomotetes.onetrue@icloud.com.
BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE.