This ez Vault software application is subject to the terms and conditions of the following Agreement. If you download, install or use this application, you are indicating your acceptance of the terms and conditions contained in this Agreement and your agreement to comply. If you do not agree with the terms and conditions of this Agreement, you must not download, install or use this application.
This ez Vault Software Application License Agreement (“Agreement”) is between you and Colorado CodeWorks, Inc. (CodeWorks), a Colorado corporation (“Licensor”) and sets forth the terms and conditions of your use of the ez Vault application (the “Application”). By downloading, installing or using the Application, you agree to be bound by this Agreement.
Upon acceptance of this Agreement, you are hereby granted a non-exclusive license to use one copy of the Application only on a single handheld device solely for your personal use. The Application (including all images, icons, graphics, animations, video, audio, music, and text incorporated therein) are the property of Licensor and are protected by applicable copyright law. Therefore, you may not make copies of the Application (except for back up purposes as permitted in this Agreement), or allow others to make copies of the Application; nor duplicate the Application by any other means, including by electronic transmission, except for backup purposes. Although you are encouraged to make a backup copy of the Application for your own use, you are not allowed to make more than two copies for backup purposes. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Application to human-perceivable form. You may not modify, adapt, translate, rent, sublicense, assign, lease, loan, resell, or distribute the Application, or create derivative works based upon the Application, or any part thereof.
LICENSOR REPRESENTS AND WARRANTS THAT, TO THE BEST OF LICENSOR’S KNOWLEDGE, (I) LICENSOR HAS THE RIGHT TO GRANT THIS LICENSE AND ENTER INTO THIS AGREEMENT, AND (II) THE APPLICATION DOES NOT AND WILL NOT VIOLATE OR INFRINGE ANY U.S. PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR SIMILAR INTELLECTUAL PROPERTY RIGHT. THIS APPLICATION IS PROVIDED “AS-IS” AND, EXCEPT AS EXPRESSLY PROVIDED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE APPLICATION, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, QUALITY, MERCHANTABILITY, OR THEIR NONINFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT ONLY, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE APPLICATION.
LICENSOR DOES NOT WARRANT THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE. LICENSOR DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED BY USE OF THE APPLICATION. YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HANDHELD DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
UNDER NO CIRCUMSTANCES WILL LICENSOR BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THIS PRODUCT.
You agree to indemnify, defend and hold harmless Licensor, and its officers, directors, employees and representatives, from any and all third party claims, liabilities, damages and/or costs (including but not limed to, reasonable attorneys’ fees and expenses) arising from your improper use of this Application, your violation of this Agreement, or your infringement of any intellectual property or other rights included herein.
Licensor reserves the right at any time to add, modify, update, or discontinue, temporarily or permanently, this Application (or any part thereof) with or without notice. The Licensor of this Application shall not be liable to you or to any third party for any such changes.
You acknowledge and agree that Google is not a party to this Agreement and that Google has no responsibility for any of Licensor’s obligations hereunder. Licensor is solely responsible for the Application, and for all support related thereto and for the investigation, defense, settlement and discharge of any claim relating to any breach of its representation regarding infringement provided above. In the event that the Application fails to perform in accordance with the terms of this Agreement within 48 hours from the time you purchased same, you may notify Google and Google may refund the purchase price for the Application to you, at their discretion. Google will have no other obligations whatsoever with respect to the Application including any claims, losses, liabilities, damages, costs or expenses attributable to the use thereof. You may also contact CodeWorks directly. You and Licensor also acknowledge and agree that Google, and Google’s subsidiaries, are third party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof.
In order to perform its intended function, the ez Vault application will have access to potentially personal data that you enter. You acknowledge and agree that the ez Vault application may:
* Store data that you enter into the application on the device on which it is installed, including on removable storage, if present.
* Invoke other applications upon your request and pass data to such application as required to meet the intended function, e.g., passing a phone number to a dialer app or an address to a map app.
The ez Vault app does not communicate with servers or services outside of your device other than for license information from Google Play. ezEz Vault will not store your vault data unencrypted unless you specifically request a clear-text export of your data.
The Software, and any updates or fixes to the Software are subject to U.S. export control laws. The Software is controlled for export purposes under Export Control Classification Number (ECCN) 5D992 of the U.S. Commerce Control List as "Mass Market Encryption" software. The Licensee warrants and agrees that it will (i) only use the Software for its own use and will not rent, lease, sell, sublicense, assign, or otherwise transfer the Products to third parties; and (ii) will not sell, export, release, divert or use the Software in a manner contrary to U.S. export control and sanctions laws.
You acknowledge and agree that this Agreement constitutes the complete agreement between you and Licensor. This Agreement may be modified only in writing from Licensor. If any provision of this Agreement is invalid or unenforceable under applicable law, it is to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Colorado law (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by Federal laws. This Agreement is deemed entered into in the City and County of Denver, Colorado and jurisdiction for resolution of any dispute hereunder shall be proper solely in a state or federal court in Denver, Colorado.
Colorado CodeWorks, Inc
P.O. Box 756
Franktown, CO 80116 USA