Terms of Service
THIS APPLICATION LICENSE AGREEMENT ("LICENSE AGREEMENT") IS THE LEGAL
AGREEMENT BETWEEN YOU AND RABBITEYE LAB LLP. (A COMPANY INCOPORATED BY THE
LAWS OF INDIA) WITH RESPECT TO RABBITEYE LAB's PROPRIETARY SOFTWARE
APPLICATION KNOWN AS "Edison Calendar" ("SOFTWARE").
BY CLICKING "Accept" AND/OR BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF
YOU DO NOT AGREE TO THIS LICENSE AGREEMENT, UNINSTALL THE SOFTWARE AND DO
NOT USE IT IN ANY MANNER WHATSOEVER.
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Grant of License. Subject to your compliance with the terms and
conditions set forth herein, Edison Calendar hereby grants you a
limited, non-exclusive, non-transferable, non-sublicensable license to
install and use one copy of the Software on your mobile device for the
sole purpose of accessing, opening and using the capabilities and
services enabled via the Software.
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Restrictions on Use. You may not: (i) copy, modify, translate, reverse
engineer, decompile or disassemble the Software or create derivative
works based thereon; (ii) install the Software onto a server so that it
is accessible via a public network; (iii) share or permit other
individuals/entities to use the Software, rent, lease or transfer the
Software or rights to use it; or (iv) delete or modify any attributions,
legal notices or other proprietary designations in the Software or part
thereof. Any such forbidden use shall immediately and automatically
terminate your license to use the Software, without derogating from any
other remedies available to Edison Calendar at law or in equity.
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Title and Ownership. The Software and any revisions, modifications,
enhancements and/or derivatives thereof are owned by Edison Calendar
and/or its licensors and are protected under copyright laws and
treaties. All right, title, and interest in and to the Software,
including all associated intellectual property rights are and shall
remain owned solely by Edison Calendar and/or its licensors.
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Third Party Software. Any third party software that may be provided with
the Software is included for use at your option. Such third party
software is provided under the terms of the license attached/linked
thereto or, if no such license is attached, such third party software is
provided AS IS. Edison Calendar is not liable for any losses or damages
which may occur from the use of any third party software.
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Updates/Upgrades. Edison Calendar improves from time to time the
Software and may update/upgrade the Software at its sole discretion,
with or without notification. At Edison Calendar's sole discretion,
Edison Calendar may notify you through a patch process, or by email, or
website posting of such updates or upgrades available for download. Some
updates/upgrades may be optional and some may be mandatory in order to
operate the Software. At its sole discretion, Edison Calendar may, but
is not obligated to, provide email and/or internet based support with
online help.
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Paid accounts. You'll be automatically billed from the date you convert
to a Premium (Paid) Account and on each renewal period until
cancellation. Please note that you'll be charged tax when we are
required to do so, and you are responsible for all applicable taxes. You
can cancel your recurring payment at any time, but we can only issue
refunds for requests that occur within 48 hours of your purchase. Your
Premium (Paid) Account will remain active until cancellation or
termination under these Terms. Failing to pay for your Premium (Paid)
Account on time might result in loss of access to features you have paid
for. We may change the fees in effect at a future date, but we will send
advanced notice of any changes to the email address associated with your
Edison Calendar account.
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Compliance with Law. This Software is intended for use only in
compliance with applicable laws and only with properly licensed media
and content. You undertake to use the Software in accordance with all
applicable laws, including without limitation, all applicable export
laws, restrictions and regulations and agree that you will not export,
or allow the export or re-export of the Software in violation of any
such laws, restrictions and/or regulations. You agree to the foregoing
and represent and warrant that you are not located in, under the control
of, or a national or resident of any restricted country.
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Changes to Software or License Agreement. Edison Calendar may modify,
suspend, or discontinue any aspect of the Software at any time. Edison
Calendar reserves the right to modify the terms of this License
Agreement, whereby material changes will be disclosed to you through a
patch process or through website posting. Except for changes to this
License Agreement that affect your privacy, which shall be subject to
your specific acceptance, your continued use of the Software, following
any revision of the Software or this License Agreement, constitutes your
acceptance of any such changes.
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Warranty Disclaimer. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, Edison Calendar DISCLAIMS ALL WARRANTIES, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT.
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Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL Edison Calendar OR ITS
LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION,
DEVICE FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR
BUSINESS OR FINANCIAL INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL Edison Calendar'S CUMULATIVE LIABILITY TO YOU OR
ANY THIRD PARTY FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT PAID BY YOU TO
Edison Calendar FOR USE OF THE SOFTWARE, EVEN IF Edison Calendar HAD
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY OTHER PARTY.
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Immediate Termination. Without prejudice to any other rights, this
Agreement and your right to use this Software automatically terminates
if you fail to comply with any provision of this License Agreement.
Edison Calendar may terminate this License Agreement at any time with or
without prior notice. You may terminate this license at any time by
stopping your use thereof and un-installing the Software.
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For users of Edison Calendar for iOS: – Payment will be charged to
iTunes Account at confirmation of purchase – Subscription automatically
renews unless auto-renew is turned off at least 24-hours before the end
of the current period – Account will be charged for renewal within
24-hours prior to the end of the current period – Subscriptions may be
managed by the user and auto-renewal may be turned off by going to the
user's Account Settings after purchase
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Miscellaneous. This License Agreement shall constitute the complete and
exclusive agreement between us. Edison Calendar'S ACCEPTANCE OF YOUR USE
OF THE SOFTWARE, IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE
TERMS SET FORTH HEREIN. If any provision of this License Agreement is
held to be unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable. This License Agreement shall be
construed and governed in accordance with the laws of INDIA (regardless
of its conflict of law provisions) and the competent courts in Bangalore
shall have exclusive jurisdiction over any dispute arising out of or
related to this License Agreement. Failure of Edison Calendar to enforce
any rights or to take action against you in the event of any breach
hereunder shall not be deemed a waiver of such rights or of subsequent
actions in the event of future breaches.