Infinite Retry Labs
PLEASE READ THIS END-USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING THE INFINITE RETRY LABS, INC MOBILE APPLICATION (THE "APP"). BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU ("YOU" OR "USER") AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.
1. Grant of License
Infinite Retry Labs, Inc. grants you a non-exclusive, non-transferable, revocable license to download, install, and use the App on mobile devices owned or controlled by you and your immediate family (up to 6 people in family sharing), solely for your personal, non-commercial use.
2. Restrictions
You shall not:* Modify, adapt, translate, or create derivative works based on the App.* Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the App.*Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App to any third party.* Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) of Infinite Retry Labs, Inc. or its affiliates or licensors.* Use the App in any way that violates any applicable federal, state, local, or international law or regulation.* Use the App to transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.* Use the App to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
3. Intellectual Property
The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Infinite Retry Labs, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4. User Content
The App may allow you to submit or transmit content ("User Content"). You retain all ownership rights in your User Content. However, by submitting or transmitting User Content, you grant Infinite Retry Labs a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the App and Infinite Retry Labs's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the App (and derivative works thereof) in any media formats and through any media channels.You represent and warrant that: (i) you own or control all rights in and to your User Content and have the right to grant the license granted above to Infinite Retry Labs; and (ii) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) violate any applicable law or regulation; or (c) contain any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.Infinite Retry Labs reserves the right to remove any User Content from the App for any reason, in its sole discretion.
5. Children's Privacy
Infinite Retry Labs is committed to protecting the privacy of children. The App is intended for families and children. Infinite Retry Labs does not knowingly collect personal information from children under the age of 13. If you are a parent or guardian and you are aware that your child has provided Infinite Retry Labs with personal information, please contact Infinite Retry Labs at info@infiniteretry.com so that Infinite Retry Labs can take steps to remove such information.
6. Disclaimer of Warranties
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INFINITE RETRY LABS DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Limitation of Liability
IN NO EVENT WILL INFINITE RETRY LABS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INFINITE RETRY LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification
You agree to defend, indemnify, and hold harmless Infinite Retry Labs and its officers, directors, employees, agents, affiliates, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of this EULA or your use of the App, including but not limited to your User Content, any use of the App's content, services, and products other than as expressly authorized in this EULA, or your use of any information obtained from the App.
9. Termination
This EULA is effective until terminated by either you or Infinite Retry Labs. You may terminate this EULA at any time by uninstalling the App from your mobile device. Infinite Retry Labs may terminate this EULA at any time, with or without cause, with or without notice. Upon termination of this EULA, you must cease all use of the App and uninstall the App from your mobile device.
10. Governing Law and Jurisdiction
This EULA shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of law provisions. You agree that any legal suit, action, or proceeding arising out of or relating to this EULA or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Massachusetts in each case located in Boston, Massachusetts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
11. Entire Agreement
This EULA constitutes the entire agreement between you and Infinite Retry Labs with respect to the App and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Infinite Retry Labs with respect to the App.
12. Severability
If any provision of this EULA is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
13. Waiver
No waiver of any term of this EULA shall be deemed a further or continuing waiver of such term or any other term, and Infinite Retry Labs's failure to assert any right or provision under this EULA shall not constitute a waiver of such right or provision.
14. Contact Us
If you have any questions about this EULA, please contact Infinite Retry Labs at info@infiniteretry.com.
