PLEASE READ THIS SOFTWARE END-USER LICENSE AGREEMENT (THIS "LICENSE") CAREFULLY. BY DOWNLOADING AND/OR USING THE SPYPHONE SOFTWARE (THE "SOFTWARE"), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE THE SOFTWARE.
The Software, including all intellectual property rights (e.g., patents and copyrights) is owned exclusively by SPL. In exchange for your installation of software, SPL grants you a limited, non-exclusive and revocable license to use the Software, in machine-readable, object code form only. You may use the Software only as authorized in this License. This License does not convey to you any ownership rights or any other interest in the Software.
This License allows you to install and use one copy of the Software on a single phone which you own or for a phone for which you have obtained permission to install the software from the owner. A valid license must be obtained for each phone on which the Software is installed. You may not copy, adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software or any part thereof. You shall make reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication.
This License will become effective upon installation the Software and will remain in force until the License is terminated or the Software is uninstalled. SPL reserves the right to terminate this license at any time for any reason and or discontinue or modify the service at any time for any reason. You may also terminate the license at any time by uninstalling the Software from the phone or mobile device on which it was installed. In addition, this License shall be deemed automatically terminated if you breach any of the terms or conditions set forth in this License. Upon termination of this License for any reason, you shall immediately cease all use of the Software and uninstall the Software from the phone or mobile device on which it was installed. SPL reserves the right to terminate this license at any time for any reason and or discontinue or modify the service at any time for any reason.
Once you have installed the Software on a phone or mobile device, you may not transfer your License to another party. You also may not transfer your License by selling or transferring ownership of the phone or mobile device upon which the Software has been installed , and your license shall be deemed terminated upon sale or transfer of the phone on which the Software is installed. . Any transfer or ownership of the Software or the phone or mobile device on which it has been installed terminates your License and all associated benefits under this License. In the event you transfer ownership your phone or mobile device, or it is lost or stolen, you must contact SPL to cancel your monitoring account.
YOU MAY ONLY INSTALL AND USE THE SOFTWARE ON A PHONE OR MOBILE DEVICE THAT WHICH YOU OWN OR ONE FOR WHICH YOU HAVE OBTAINED PERMISSION FROM THE OWNER TO INSTALL THE SOFTWARE. YOU SHALL INFORM ANYONE WHO USES A PHONE ON WHICH THE SOFTWARE IS INSTALLED THAT THE SOFTWARE IS INSTALLED ON THAT PHONE AND THAT THEIR INTERNET AND PHONE ACTIVITY MAY BE RECORDED, ARCHIVED AND TRANSFERRED TO A SERVER UNDER SPL’S CONTROL. USE OF THE SOFTWARE TO RECORD THE INTERNET ACTIVITY, PHONE ACTIVITY OR GEOGRAPHIC LOCATION OF ANOTHER PERSON OR THE TRANSMITTAL OF THAT INFORMATION WITHOUT CONSENT ON THE OWNER OF THE PHONE OR MOBILE DEVICE MAY VIOLATE FEDERAL AND/OR STATE LAWS.
You acknowledge and agree that SPL may collect and use technical and related information, including but not limited to technical information about your phone or mobile device, as well as it system and application software, which is gathered periodically to facilitate licensing, software updates, product support and other services related to Software. SPL may use this information to improve its products, enforce licensing, or to provide services to you. SPL will not provide this information to any third parties unless required by law. You acknowledge and agree that you have no expectation of privacy when using the Software and service as it relates to your internet activity, phone activity and geographic location. You further authorize SPL to collect, use, and transmit to SPL's servers data obtained from a phone or mobile device on which the Software is installed and/or have obtained consent from the user to have such data collected, used and transmitted. The data collected shall consist of the following: (a) GPS location data of the phone or mobile device; (b) Contacts on the phone when the app is installed; (c) List of apps installed on phone when app is installed. This data will be sent to SPL’s servers at http://www.phonetracker.com and can be viewed by an authorized account holder following a successful log-in at http://www.phonetracker.com. If the phone or mobile device transmitting the data is not owned by you, prior to establishing and accessing an account at http://www.phonetracker.com, you must obtain consent to transmit such data from the person who owns the phone or mobile device. Before viewing the data from any phone or mobile device at http://www.phonetracker.com, you consent to receiving and viewing such data. A copy of our privacy agreement is at http://www.phonetracker.com/privacy
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SPL DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPL SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON STATUTORY RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SPL OR HOUSE COMMUNICATIONS LLC, THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, AGENTS, REPRESENTATIVES, AFFILIATES OR RELATED COMPANIES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, TORT OR OTHERWISE, EVEN IF SPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SPL'S TOTAL LIABILITY TO YOU FOR DAMAGES EXCEED THE AMOUNT YOU PAID TO ACQUIRE THE LICENSE PLUS ANY APPLICABLE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold harmless SPL, House Communications LLC, their employees, officers, directors, members, agents representatives, affiliates and related companiesfrom and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Software or any associated monitoring service; (ii) your violation of any term of the terms of this License; (iii) your violation of any third party rights, including, without limitation, any rights of privacy under state or federal law, and (iv) your violation of any other state or federal law. The terms of this indemnification provision will survive the termination of this License.
This License will be governed by and construed in accordance with the laws of the State of New York, without respect to its conflict of laws principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act, the application of which is expressly excluded.
Any claim or dispute between us arising out of or relating to the Software, our services, or this License shall be settled exclusively by binding arbitration. The arbitration will be conducted exclusively in Orange County, New York, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by New York law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT OR OTHER PROCEEDING. Any dispute shall be referred to and administered by a single arbitrator in accordance with the Judicial Arbitration and Mediation Services ("JAMS") Arbitration Rules and Procedures. The arbitrator shall be affiliated with JAMS and selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The JAMS rules, including rules about the selection of an arbitrator, filing, administration, discovery, and arbitrator fees, will be conducted under JAMS Comprehensive Arbitration Rules & Procedures. The JAMS rules are available on the JAMS website at http://www.jamsadr.com. To the extent that any provision of this section conflicts with JAMS’s minimum standards for procedural fairness, the JAMS’s rules or minimum standards for arbitration procedures in that regard will apply. However, nothing in this paragraph will require or allow either party to arbitrate on a class-wide or consolidated basis. WE EACH AGREE THAT WE WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION ON A CLASS-WIDE OR CONSOLIDATED BASIS. We each agree that any arbitration will be solely between you and us(i.e., not brought on behalf of or together with another individual’s claim). We shall each be responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to arbitration. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING. Notwithstanding the foregoing, either of us may bring a qualifying small claims action in small claims court Orange County, New York.
If any provision of this License is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these this License, which shall remain in full force and effect. No waiver of any term of this License shall be deemed a further or continuing waiver of such term or any other term, and SPL’s failure to assert any right or provision under this License shall not constitute a waiver of such right or provision. You may not assign your rights or obligations under this License in whole or in part without the consent of SPL (and any attempt to do so shall be void). SPL may assign and transfer its rights and obligations under this License. The provisions of this License are for the benefit of the parties only and not for any other person or entity.
This License constitutes the entire agreement between you and SPL with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by SPL.
