Nexrad Software’s End User License Agreement for the Android Application DataSize Explorer (the « DataSize Explorer App » or « App »)
THIS END USER LICENSE AGREEMENT (the “EULA” or “Agreement”) IS A LEGAL CONTRACT.
Please read this Agreement carefully before installing and using the DataSize Explorer App.
By installing and using the DataSize Explorer App, you agree to being legally bound by each of the terms and conditions of this Agreement. If you don’t agree, please do not install or use the App.
I. LICENSE AND SCOPE OF USE
The license granted to you for the App by Nexrad Software is limited to the non-exclusive, non-transferable license to install, download and use the App on any Android device you own and control, solely and exclusive for your personal use. The licensor (Nexrad Software) reserves all rights not expressly granted to you.
You agree to be solely responsible for (and Nexrad Software has no responsibility to you or to any third party for) your use of the App.
You understand and agree to use the application only for the purposes intended by the developer, i.e. as a personal application tool to find and manage the biggest files and apps of your storage on your Android device.
The App is free of charge and it is licensed, not sold.
The license herein granted shall not be copied, shared, loaned, leased, distributed, re-sold, offered for re-sale, transferred sub-licensed in whole or in part. You may not and may not attempt to alter, modify transform, adapt, reverse engineer, disassemble, decompile or build upon the App. You may not remove or alter any copyright notices on the App.
You shall not use the App to engage in or allow others in any illegal activity where the App is accessed and used.
In your use or display of the App, you cannot claim any affiliation or endorsement by Nexrad Software.
The App feature ads which might use the approximate region your device is located in (like your country or province).This is only done in order to display ads relevant to you.
Nexrad Software never requires or uses permissions that can be used to specifically identify you or your exact location. Nexrad Software has no interest in collecting, storing and/or selling any users personal information. Nexrad Software will not collect any personal information through this App.
For debugging purposes, you could send explicitly from the App (by email) only technical information about your device and system (like information about the system, display, storage, etc). In such case, you expressly agree that Nexrad Software may collect and use your technical information sent in order to, but without any warranties, attempt to fix your issue and improve the App quality.
IV. NO TECHNICAL SUPPORT OR UPDATES
Nexrad Software has no obligation to provide any technical support or maintenance and also to provide any bug fixes, patches, updates, upgrades, enhancements, error corrections or any other modifications to the App. Any update of the App published by Nexrad Software will be subject to the terms and conditions forth herein.
The App is protected by Canadian’s and international laws and treaties regarding copyright and intellectual property. Nexrad Software retains sole and exclusive ownership of all titles, copyright and other intellectual property rights in and attached to the App (including without limitation any relevant media, images and texts present in the App).
Copyright © 2014-2015 Nexrad Software. All rights reserved.
The license will continue to apply until terminated by either you or Nexrad Software. Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of the license. In such case, you agree to immediately cease use of the App and delete the App.
VII. DISCLAIMER OF WARRANTIES
The App is provided “as is” and “as available” with all faults and not warranties whatsoever. You expressly acknowledge and agree that your download and/or use of the App are at you own risk and that you will be solely responsible for any direct or indirect loss of data or damage to your device results from such use.
Nexrad Software makes no representation or warranties in respect of the App and expressly excludes all warranties and condition of any kind, whether expressed or implied, oral or written, including, without limitation, any implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement.
Should the App prove defective, you assume the entire cost of all necessary servicing, repair or correction.
VIII. LIMITATION OF LIABILITY
You agree to indemnify, hold harmless, and defend Nexrad Software, its employees, agents and distributors against any and all claims, actions, suits or proceedings, demand and costs resulting from or in any way connected with your downloading, installation or use of the App, or your violation of these terms and conditions.
In no event (including without limitation in the event of negligence) shall Nexrad Software, its employees, agents or distributors be liable for any consequential, incidental, indirect, exemplary, 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, the App or the use or inability to use the App or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any theory including negligence.
IX. AGREEMENT MODIFICATION
Nexrad Software reserves the right to modify or amend this Agreement at any time and for any reason or for no reason at all, in their sole discretion, without notice.
X. CHOICE OF LAW AND VENUE
This Agreement and all disputes or claims arising therefrom shall be governed by the laws of the Province of Quebec. You and Nexrad Software agree to submit all disputes related to the App exclusively to the Superior Court of the Judicial District of Montreal (Province of Quebec) for determination.
If any provision should be consider unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from the license, or shall be modified to the extent necessary to render it enforceable without losing its intent, and not affect the validity and enforceability of any other provisions.
XII. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between you and Nexrad Software relating to the App and governs use of the App, and completely replaces any prior or contemporaneous Agreement between you and Nexrad Software regarding the App.
Last Updated: Jan 20th, 2015