End User Agreement For Applications Built By AppCapable, LLC
Updated: Feb 18, 2021
This copy of AppCapable, LLC Licensed Application (“the Software Product”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. AppCapable, LLC or its subsidiaries, affiliates, and suppliers (collectively “AppCapable, LLC”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your” or “End User” or “subscriber”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
Acceptance
This End User Agreement is executed between the End User and AppCapable, LLC exclusively. This End User Agreement is not between the end user and Clover. Also AppCapable, LLC is solely responsible for the content of the Licensed Application.
The terms remain in effect until terminated by the End User, AppCapable, LLC. Termination of this contractual agreement can be done for any reason upon notice to AppCapable, LLC.
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY ACCESSING, ACTIVATING, OR USING THIS SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO ACCESSING, ACTIVATING, OR USE THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT USE, THE SOFTWARE PRODUCT.
License Grant
This license allows the usage of the said application on any device that is web enabled, but is not supported or guaranteed to work on every device. This application will generally be designed to work optimally in Chrome and the default Android browser, but attempts will also be made to support Internet Explorer and Firefox.
Restrictions on Transfer
Without first obtaining the express written consent of AppCapable, LLC, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sub-license, or otherwise transfer your rights to the Software Product.
Restrictions on Use
The End User acknowledges that they are not located in a country subject to a U.S. Government embargo, a country designated by the U.S as a terrorist supporting country, and that the End User specifically is not listed on any U.S. Government list prohibiting or restricting the End User.
A subscriber may cancel their subscription at any time before the end of the applicable billing cycle, and upon cancellation, the subscriber will; (i) not receive a refund for the billing period during which the subscriber cancels its subscription, and (ii) be able to access his/her subscription and receive issues and updates of the relevant subscription until the subscription termination date.
Restrictions on Alteration
You may not de-compile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations.
Disclaimer of Warranties and Limitation of Liability
AppCapable, LLC is solely responsible for support and maintenance of the Licensed Application specifically as outlined in this End User Agreement or as required by applicable law.
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY AppCapable, LLC, AppCapable, LLC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
AppCapable, LLC makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. AppCapable, LLC makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. AppCapable, LLC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL AppCapable, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF AppCapable, LLC OR ANY OTHER PARTY, EVEN IF AppCapable, LLC IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS AppCapable, LLC’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the maximum amount paid by you to AppCapable, LLC. AppCapable, LLC reserves the right to substitute a functionally equivalent service credit of the software as a replacement.
You agree to indemnify and hold AppCapable, LLC harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Updates
AppCapable, LLC will from time to time, issue updates, patches and feature upgrades to the software. Licensee has no rights to continue use of older versions of the software after an update has occurred. Outside of emergencies, such as service outages, data loss, “acts of god”, or any other unplanned event, updates will occur with at least 48 hours notice.
AppCapable, LLC reserves the right to makes changes to the End User Agreement. If changes are made to the End User Agreement, the updated End User Agreement will be posted on the Clover App Market. You agree to be subject to the most recent version published in the Clover App Market. AppCapable, LLC advises that you check the terms on a systematic basis to insure the End Users compliance with the applicable terms.