Please read the following License Agreement Terms and Conditions (the Agreement) carefully before downloading or using Remember, a mobile application for project management (Remember). These terms and conditions constitute a legal agreement between You and the publisher of Remember (the Publisher). This Agreement shall be effective as of Your download of Remember.
Device means the iPhone, iPad, iPod or Mac hardware device or any other electronic device on which Remember is installed.
Intellectual Property Rights means all right, title and interest, including without limitation all copyright, patent, trade secret, trademarks, service marks, database rights, trade names, design rights and other intellectual property and proprietary rights, whether or not registered, and any applications for the protection or registration of these rights and all renewals and extensions thereof throughout the world.
Personal Data means any data that i) You provide through your use of Remember and during your account creation, such as, but not limited to, Your name, email address, projects and team members and; ii) that can be used to uniquely identify or contact You and; iii) that is not otherwise publicly available.
You and Yours, mean and refer to the person(s) or legal entity using Remember or otherwise exercising rights under this Agreement. If You are entering into this Agreement on behalf of Your company (including affiliates), organization, educational institution, or an agency, instrumentality, or department of the federal government, “You” or “Your” refer to such entity or organization as well.
Update(s) means all modifications to Remember including, but not limited to, bug fixes, patches, upgrades, new versions and updates to the relevant documentation and made available by the Publisher.
Subject to the terms and conditions of this Agreement, The Publisher hereby grants to You a limited, personal, non-exclusive, non-assignable, non-transferable, non-sublicensable, revocable license to install and use one (1) copy of Remember on a Device that You own or control.
To create an account You must register using a valid email address that belongs to You. You agree to receive emails (from the Publisher or a third-party provider) concerning your account. You must also be over 13 years old. If You have been banned by the Publisher or by a government authority from creating an account, You are not allowed to create an account.
You own all the Personal Data and can request its deletion at any moment by contacting the Publisher at xxx@xxx.com.
The Publisher has no obligation to provide any Update(s) to You. If Update(s) are made available, the terms of this Agreement will govern such Update(s), unless the Update is accompanied by a separate license in which case the terms of that license will govern. The Publisher is not obligated to provide any maintenance, technical or other support for Remember. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Remember.
LICENSE RESTRICTIONS AND OBLIGATIONS Except as permitted under this Agreement, You shall not, nor shall You assist or permit another to: (a) use, reproduce, modify, create derivative works of, compile, or distribute Remember (or any derivative works thereof); (b) transfer, assign, rent, sell, sub-license, host on a website or sever, adapt, translate or convert to another programming language Remember (or any derivative works thereof); (c) reverse engineer, decompile, recompile, or disassemble, or otherwise attempt to discover or derive any portion of Remember or otherwise seek to discover, develop or modify Remember; (d) remove, alter, modify or bypass any authorization codes required to activate Remember if any; (e) develop separate software applications of any kind derived from Remember or any part or component thereof; (f) remove, alter, modify any trademark or watermark on Remember if any; (g) use any trademarks, logos or service marks belonging to the Publisher.
YOUR OBLIGATIONS You represent to the Publisher and agree that: (a) You have the right and authority to enter into this Agreement on Your own behalf, or if You are entering into this Agreement on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government, that You have the right and authority to legally bind such entity or organization to the terms and obligations of this Agreement; (b) You will comply with the terms of and fulfill Your obligations under this Agreement; (c) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You in connection with Remember including without limitation any cost You incur to access Remember from Your Device; (d) You will only use Remember for the purposes and in the manner expressly permitted by this Agreement and in accordance with all applicable laws and regulations; (e) You will not use Remember for any unlawful or illegal activity; (f) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and You are not listed on any U.S. Government list of prohibited or restricted parties.
Privacy of Your data
The Publisher does not sell, rent or monetize Your Personal Data. Your Personal Data may be stored locally on Your device as well as on servers managed by the Publisher or third-party providers solely to enable the proper functioning of Remember or for development purposes. All data is collected, used, stored and transmitted in accordance with the privacy policy of the Publisher, available at xxx.com.
The Publisher reserves the right to deliver advertising to You in conjunction with Your use of Remember. Advertising may be contextual and may be sent to You based on Your location or use of Remember.
You acknowledge that Remember and its trademarks are proprietary to the Publisher and/or its licensors, and that the Publisher and/or its licensors own all right, title and interest in and to the Intellectual Property Rights therein. Except for the licenses expressly granted herein, You acquire no right, title or interest in or to Remember, improvements on or derivative works thereof, and the Publisher reserves all rights not expressly granted.
You agree not to remove, deface or obscure any copyright notice, trademark notice or legends or proprietary legends in or on Remember.
You may provide to the Publisher reasonable suggestions, comments and other feedback with respect to Remember and/or Documentation (Feedback). You grant the Publisher, under all of Your Intellectual Property Rights, the following worldwide, exclusive, transferable, perpetual, irrevocable, royalty-free, fully paid-up rights: (1) to make, have made, use, copy, modify, and create derivative works of the Feedback as part of any product, technology, service, specification or documentation of the Publisher; (2) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell and sell, rent, lease or lend copies of the Feedback (and derivative works thereof and improvements thereon); and (3) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties.
You agree to cooperate with the Publisher to maintain the Publisher's ownership of Remember.
Apple shall not be responsible for addressing any claims by You or any third party relating Your possession and/or use of that Remember, including, but not limited to: (a) product liability claims; (b) any claim that Remember fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection or similar legislation and; (d) claims that Remember or Your possession and use of Remember infringes third party’s Intellectual Property Rights.
Disclaimer. Remember may contain inaccuracies or errors that could cause failures or loss of data and it may be incomplete. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF REMEMBER IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. REMEMBER IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE PUBLISHER AND ITS LICENSORS MAKE AND YOU RECEIVE NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT REMEMBER AND ITS FUNCTIONALITY IN THE DOCUMENTATION OR ANY COMMUNICATION CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, THE PUBLISHER AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE PUBLISHER AND ITS LICENSORS DO NOT WARRANT THAT THE OPERATION OF REMEMBER WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of liability. In the event of any failure of Remember to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for Remember to You. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO REMEMBER. IN NO EVENT SHALL THE PUBLISHER OR ITS LICENSORS HAVE ANY LIABILITY FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, OR DATA; BUSINESS INTERRUPTION, OR COST OF COVER. IN ADDITION, IN NO EVENT SHALL THE LIABILITY OF THE PUBLISHER OR ITS LICENSORS FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH REMEMBER, DOCUMENTATION, OR THIS AGREEMENT EXCEED ONE CANADIAN DOLLAR (1.00 CAD). THE LIMITATIONS OF LIABILITY IN THIS SECTION 10 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO ANY DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EVEN IF THE PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE. THE PUBLISHER SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM LOSS OR THEFT OF REMEMBER. YOU ARE SOLELY REPONSIBLE FOR SAFEGUARDING Remember. SOME JURIDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF THE PUBLISHER WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification by You. You shall indemnify, defend and hold harmless the Publisher, its directors, officers, employees, independent contractors and agents from any and all third party claims, damages, losses, liabilities, costs and expenses including, without limitation, attorneys fees and court costs (collectively, “Losses“) arising out of or in connection with (a) Your breach of any certification, covenant, obligation, representation or warranty in this Agreement and (b) Your use of Remember.
Your rights under this Agreement will terminate immediately and automatically, without any notice to You, upon (a) Your failure to comply with any of the terms and conditions of this Agreement; (b) the termination by Apple, for any reason, of Your agreement with Apple regarding the ITunes Store Service or (c) Your disposal of Remember. Promptly upon termination, You shall cease to use Remember and its trademarks and destroy all electronic and physical copies of Remember in Your possession or control. Termination of this Agreement will not limit any of the rights or remedies at law or in equity of the Publisher. Termination shall not entitle You to any refund.
The Publisher reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on Your use of Remember. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately upon release on XXX.com and incorporated into this Agreement. Your continued use of Remember will be deemed to constitute Your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
This Agreement will be construed, governed and interpreted in accordance with the laws, but not the rules relating to the choice of law, of Québec. Your use of Remember may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the Publisher or relating in any way to Your use of Remember resides in the courts of the State of Québec. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. No action, regardless of form, arising out of or relating to this Agreement may be brought by You more than two (2) years after the cause of action has occurred.
This Agreement constitutes the entire agreement between the parties and supersedes any other previous or contemporaneous communications, agreements, representations, or advertising with respect to Remember.
You may not assign this Agreement or any rights hereunder without the prior consent of the Publisher and any purported assignment by You shall be void. The Publisher may freely assign this Agreement in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise without Your prior consent.
The failure of the Publisher to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, the other provisions will remain in full force and effect.
The Publisher will not be responsible for failures to fulfil any obligations due to causes beyond its control.
You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof.
The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto, including notices, have been and shall be written in the English language.