End User License Agreement and Disclaimer of Warranty for Android and Windows Apps
Users aof My Sleep Tracker (hereinafter called the SOFTWARE) are granted a limited license to use My Sleep Tracker purchased for personal, educational, charity, and commercial use by the app DEVELOPER (Alan Anderson, DBA Reflected Sun).
If you are using the free-of-charge version of the SOFTWARE, under the terms of this Agreement, you are not automatically entitled to support. The DEVELOPER will, however, endeavor to respond to support requests if they relate to the SOFTWARE's not performing its task correctly (bugs, etc).
The SOFTWARE is licensed to you in accordance with the terms and conditions of this Agreement. You represent and warrant that you will not violate any of the requirements of this Agreement and further represent and warrant that:
You will not, and will not permit others to: reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from the SOFTWARE; or copy or distribute content contained in the SOFTWARE other than as expressly authorized by this Agreement.
You will not use the SOFTWARE to engage in or allow others to engage in any illegal activity.
You will not engage in using the SOFTWARE in any way that will interfere with or damage the operation of the services of any third parties.
You will not sell the SOFTWARE or charge others for use of it (either for profit or merely to recover your media and distribution costs) whether as a stand-alone product, or as part of a compilation or anthology, without explicit prior written permission from the DEVELOPER.
You will not use the SOFTWARE to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.
Even though the SOFTWARE is free for most users, the DEVELOPER has to pay for data storage. If you regularly use the SOFTWARE (e.g. record new sleep data every month), the DEVELOPER will store the most recent twelve months of your data. If you want us to store more than the most recent twelve months of data, send us an email and we will try to meet your needs.
Use of any applications or software available from the DEVELOPER is contingent on your agreement to the following Limitation of Liability:
SOFTWARE is provided as is without warranty of any kind. To the maximum extent permitted by applicable law, the DEVELOPER and its suppliers, distributors, and affiliates, or others who may offer SOFTWARE, will not be liable for any damages whatsoever, whether direct or indirect, special, incidental, consequential, or punitive of any kind (including but not limited to damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty - including of good faith or of reasonable care - negligence, and any other pecuniary or other loss whatsoever) arising out of, or in any way related to the use of, or inability to use the SOFTWARE or support services, or the provision of or failure to provide support services, or otherwise under, or in connection with SOFTWARE documentation, or any provision of these terms and conditions, even if the DEVELOPER or any supplier, distributor, or its affiliates has been advised of the possibility of such damages.
Good procedure dictates that users should test software on their device before relying on it for something critical. The user must assume the entire risk of using the SOFTWARE. Any liability of the seller will be limited exclusively to product replacement or refund of purchase price.
The Limitations on, and Exclusions of liability for damages in this agreement apply regardless of whether liability is based on breach of contract, tort (including negligence), delict, strict liability, breach of warranties or conditions, or any other legal theory.
The DEVELOPER furthermore disclaims all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and/or infringement.
The entire risk arising out of the use or performance of the SOFTWARE and documentation remains with the recipient. To the maximum extent permitted by applicable law, in no event shall the DEVELOPER be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this agreement or the use of or inability to use the product, even if the DEVELOPER has been advised of the possibility of such damages.
The 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. No warranty of fitness for a particular purpose is offered.
the DEVELOPER is not obligated to provide maintenance or updates for the SOFTWARE, but we will try.
You may not reverse engineer, decompile or disassemble the SOFTWARE. the DEVELOPER shall retain title, copyright, and all ownership rights to the SOFTWARE.
The SOFTWARE, related text, and graphic design are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.