BY INSTALLING, DOWNLOADING, COPYING, ACCESSING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT UNDERSTAND OR AGREE, YOU MUST NOT INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE SOFTWARE. IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. 1. LICENSE
By installing and/or using TuSion app version 2.0.0 ("Software"), you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Tusion your use of TuSion version 2.0.0 indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Tusion grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use TuSion version 2.0.0 in accordance with this Agreement and any other written agreement with Tusion. Tusion does not transfer the title of TuSion version 2.0.0 to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Tusion and the purchasers or users of TuSion version 2.0.0. You are not obligated to use our Software as a part of your business processes, offers and/or services to the third parties without the prior written consent of Tusion.
If you do not agree to be bound by this agreement, remove TuSion version 2.0.0 from your mobile device now. 2. DISTRIBUTION
TuSion version 2.0.0 and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. For information about redistribution of TuSion version 2.0.0 contact us at firstname.lastname@example.org
. 3. USER AGREEMENT 3.1 Use
Your license to use TuSion version 2.0.0 is limited to you. You shall not allow others to use, copy or evaluate copies of TuSion version 2.0.0. 3.2 Use Restrictions
You shall use TuSion version 2.0.0 in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of TuSion version 2.0.0 together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Use of TuSion version 2.0.0 means that you have loaded, installed, or run TuSion version 2.0.0 on a mobile device.
The assignment, sublicense, networking, sale, or distribution of copies of TuSion version 2.0.0 are strictly forbidden without the prior written consent of Tusion. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of TuSion version 2.0.0. If any person other than yourself uses TuSion version 2.0.0 logged in with your Facebook, Google account or email, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation! 3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile TuSion version 2.0.0. Nor can you create any derivative works or other works that are based upon or derived from TuSion version 2.0.0 in whole or in part.
Tusion's name, logo and graphics file that represents TuSion version 2.0.0 shall not be used in any way to promote products developed with TuSion version 2.0.0 . Tusion retains sole and exclusive ownership of all right, title and interest in and to TuSion version 2.0.0 and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of TuSion version 2.0.0, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Tusion. 3.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend Tusion , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Tusion's Software.
In no event (including, without limitation, in the event of negligence) will Tusion , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, TuSion version 1.0.0 or the use or inability to use TuSion version 2.0.0 or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Tusion's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the premium features in the Software (including existing and those that might be developed in future) Software (maximum being the lesser of the amount paid by you and the price as listed by Tusion). 3.5 Warranties
Except as expressly stated in writing, Tusion makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose. 3.6 Governing Law
This Agreement shall be governed by the law of the Delaware State applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Delaware therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions. 3.7 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of TuSion version 2.0.0 and destroy all copies of TuSion version 2.0.0 supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license. 4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY TuSion version 2.0.0 AS WELL.
THIS SOFTWARE IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO BE USED FOR ANY OTHER PURPOSE, INCLUDING MEDICAL OR DIAGNOSTIC-RELATED PURPOSES. 5. CONSENT OF USE OF DATA
You agree that Tusion may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to TuSion version 2.0.0.Tusion may also use this information to provide notices to you which may be of use or interest to you.