LICENSE GRANT. Subject to your continued compliance with this Agreement, Tressor studio provides to you a single, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access and use this App during the term of this Agreement on your mobile phone, other mobile computing device, or personal computing device and only for personal or internal business purposes.The content layout, formatting, features of and online or remote access processes or privileges for the App shall be as specified by Tressor studio in its sole discretion.Tressor studio has the right to control and direct the means, manner, and method by which the App is provided.
RESTRICTIONS ON USE.All rights not expressly granted under this Agreement are hereby reserved to Tressor studio.Accordingly, you are hereby prohibited from using the App in any manner that is not expressly and unambiguously authorized by this Agreement.You therefore may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, reverse engineer, decompile, extract source code, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the App, or any portion of the App, without Tressor studio prior written consent except as expressly and unambiguously authorized herein.Moreover, you may not(a) attempt to gain unauthorized access to any portion or feature of the App or any other system(s) or network(s) connected to the App or to any Tressor studio server or to any of the services offered on or through the App by hacking, password "mining," or any other illegitimate or prohibited means; (b) use the App in a manner that provides unauthorized access to mass downloads or bulk feeds of any content, including, but not limited to, lightning strike data, numerical latitude or longitude coordinates, imagery, and visible map data; (c) probe, scan, or test the vulnerability of the App or any network(s) connected to the App, nor breach the security or authentication measures on the App or any network(s) connected to the App; (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the App; (e) use any device, software, or routine to interfere with the proper working of the App or any transaction conducted on the App, or with any other person's use of the App; (f) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Tressor studio on or through the App; (g) delete, obscure, or in any manner alter any warning or link that appears in the App; or (h) use the App in an unlawful manner, including, without limitation, to post, upload, transmit, or otherwise make available any material which violates, misappropriates, or infringes in any way upon the rights of others, is unlawful, threating, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or encourages conduct that would constitute unlawful conduct.
MOBILE SERVICES.The App offers display functionality and various tools that are available to you via your mobile phone or other mobile computing device (collectively, "Mobile Services"). Please note that your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile Services; and how much such use will cost you. Nevertheless, all use of the App, including without limitation all use of the App and its related Mobile Services, shall be strictly in accordance with this Agreement.
LINKS TO OTHER SITES.The App may connect to certain third party websites or online networks (collectively, "Third Party Sites"). These Third Party Sites have not necessarily been reviewed by Tressor studio and are owned, controlled and/or maintained solely by third parties over whom Tressor studio exercises no control.Your correspondence or any other dealings with third parties found through any Third Party Sites on the App is solely between you and such third party.Accordingly, Tressor studio hereby expressly disclaims and shall not have any liability or responsibility for any Third Party Sites.
PROPRIETARY RIGHTS.This Agreement provides only a limited license to access and use the App in accordance with the terms of this Agreement.Accordingly, you hereby agree that Tressor studio transfers no ownership or intellectual property interest or title in and to the App or any other Tressor studio intellectual property to you or anyone else in connection with your use of the App.All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the App are exclusively owned, controlled, and/or licensed by Tressor studio.
THIRD-PARTY SOFTWARE.Installation and use of any plug-ins or other third-party software are subject to the terms and conditions of any licenses distributed with or relating to such plug-ins or third-party software.
DISCLAIMER.THE APP IS PROVIDED ON AN "AS-IS" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.TRESSOR STUDIO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. TRESSOR STUDIO ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE APP WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. THEREFORE, YOU ASSUME THE ENTIRE RISK REGARDING THE QUALITY AND/OR PERFORMANCE OF THE APP.YOU SPECIFICALLY ACKNOWLEDGE THAT TRESSOR STUDIO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
LIMITATION OF LIABILITY.YOU ALSO EXPRESSLY ABSOLVE AND RELEASE TRESSOR STUDIO FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND TRESSOR STUDIO CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES OR NATURAL DISASTERS, STRIKES OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS.
INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, violations or infringement of Tressor studio intellectual property or proprietary rights, may cause irreparable injury to Tressor studio, whereby such injury would not be quantifiable in monetary damages, and Tressor studiowould not have an adequate remedy at law. In the event of such injury or potential for such injury you therefore hereby agree that Tressor studio shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement.
TERM AND TERMINATION.This Agreement will take (re-take) effect at the time you click "I ACCEPT," download the App, begin using the App, or first access the App, whichever is earliest.You may uninstall or delete the App at any time by utilizing the available uninstall or delete functionality offered by the applicable operating software or mobile device.However, by uninstalling or deleting the App, you will no longer be able to access the App's functionality or related services and will not be entitled to any refund of any amount paid for a purchases in the App. This Agreement will terminate automatically if (i) you fail to comply with any of its terms and conditions; or (ii) cease all use of the App. Termination will be effective without notice. In addition, Tressor studio may in its sole discretion terminate this Agreement upon notice to you for any or no reason. Upon termination of this Agreement, any and all right(s) to use the App shall immediately cease and you must promptly delete or destroy all copies of the App in your possession or control.
WAIVER & SEVERABILITY.Tressor studio failure to insist upon strict performance of any of the terms and conditions of this Agreement by you will not operate as a waiver of any subsequent default or failure of performance. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law or court order including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision(s) that most clearly matches the intent of the original provision and the remainder of this Agreement shall continue in effect.