Weaponless End User License Agreement

IMPORTANT — READ CAREFULLY

END-USER LICENSE AGREEMENT

This Software End-User License Agreement (“Agreement”) is A legal agreement between you and MATTHEW D. MICHELOTTI (“LICENSOR”), governing the use of the Weaponless application (the “application”).

BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS CONTAINED HEREIN, YOU MAY NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION. YOU AGREE THAT YOUR USE OF THE APPLICATION ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.

The APPLICATION IS licensed, not sold, to You for use only under the following terms. LICENSOR reserves all rights not expressly granted to You.

  1. License. Licensor hereby grants to You a limited, non-transferable license (the “License”) to download, install and use the Application for your personal, non-commercial use on computers that you own or control, or on Android devices that you own or control as permitted by the Google Play Terms of Services. You may make one (1) backup copy of the Application, provided that the backup copy is not installed or used for other than archival purposes. Except as expressly permitted by this Agreement, You may not: (i) copy or reproduce the Application; (ii) modify, adapt, or create derivative works based on the Application; (iii) translate, reverse engineer, decompile or disassemble the Application; or (iv) sublicense, assign, rent, lease or otherwise transfer the Application, or any rights under this Agreement, to any third party. You agree to abide by the copyright law and all other applicable laws of the United States and any jurisdiction in which you use the Application.
  2. Title. The License confers no rights or ownership in the Application and should not be construed as a sale of any rights to the Application. All right, title and interest in and to the Application (including, without any limitation, copyrights in and to any and all titles, computer code, characters, text, artwork, music, etc.) are and shall remain in Licensor. You will not remove the copyright notice or any proprietary trade or service marks of Licensor from the Application. Except as expressly provided herein, Licensor does not grant any express or implied right to You under any patents, copyrights, trademarks or trade secret information.
  3. NO Warranty. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE local LAW, The APPLICATION is licensed to you “As-Is” and LICENSOR makes no express or implied representations or warranties of any kind, including the warranties of merchantability, fitness for a particular purpose, title, non-infringement OF THIRD-PARTY RIGHTS, OR error-free, uninterrupted operation. YOU ASSUME the entire RISK FOR YOUR USE OF THE application, INCLUDING, BUT NOT LIMITED TO ANY DEFECTS OR INACCURACIES THEREIN.
  4. DISCLAIMER AND LIMITATION OF LIABILITY.
    1. to the greatest extent permitted by applicable local law, licensor shall not be liable for any special, indirect, incidental, punitive or consequential damages, including, WITHOUT LIMITATION, loss of profits, loss of data, BUSINESS INTERRUPTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR claims by any third person, for any reason whatsoever, arising from or related to this Agreement or YOUR use of the application, whether such liability is asserted on the basis of contract, tort, warranty, equity or otherwise, even if LICENSOR has been advised of the possibility of such damages.
    2. licensor’s liability under this Agreement or arising or related to the operation of or your use of the application, whether asserted on the basis of contract, tort, warranty, equity or otherwise, shall be limited to direct damages not to exceed zero dollars ($0.00).
  5. Indemnification. You agree to indemnify and hold harmless Licensor from and against any and all demands, claims, suit, losses or damages (including the costs, expenses and reasonable attorney’s fees on account thereof) arising from this Agreement, the operation of the Application, and your use of the Application.
  6. Termination. This Agreement shall continue in full effect until terminated as provided herein. To the fullest extent permitted by applicable local law, the License granted under this Agreement is subject to termination by Licensor without notice in the event that you violate or fail to comply with any of the terms and conditions contained herein. In the event that this Agreement or the License granted hereunder is terminated for any reason, You expressly agree to immediately cease using the Application and destroy any and all copies, or portions thereof, of the Application made by You.
  7. Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, as applied to agreements entered into and to be performed entirely in Illinois.
  8. Entire Agreement; Severability. This Agreement constitutes the entire agreement and understanding between You and Licensor. If any provision of this Agreement is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement shall continue in full force and effect.
  9. Updates. The terms and conditions of this Agreement will govern any updates provided by Licensor that replace and/or supplement the Application, unless any such update is accompanied by a separate license, in which case the terms of that license will govern.