End-User License Agreement
WALL2GO ("Wall2Go") IS WILLING TO LICENSE THE FREE FACEBOOK APP TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE (the "License") AND INDICATE YOUR ACCEPTANCE BY CHECKING THE ACCEPT BOX BELOW. BY CHECKING THE BOX BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL OR USE THE "Facebook" SOFTWARE.
- Grant of License
By accepting the terms of this License, you represent to Wall2Go that you are at least 18 years old. The "Desktop Launch Bar" software accompanying this License and related documentation (the "Software") is licensed to you by Wall2Go, and its use is subject to this License. Wall2Go grants to you a limited, personal, non-exclusive, non-assignable, terminable right to use the Software solely for non-commercial purposes and as described in the Software documentation. You may install and personally use the Software in object code form on a personal computer owned or controlled by you. Your license to the Software under this License continues until it is terminated by either party. Wall2Go reserves all rights not expressly granted to you by this License.
You may not: (i) delete the copyright notices or any other proprietary legends on or in the Software; (ii) decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software, or create derivative works based on the Software; (iii) copy, rent, lend, lease, sublicense, distribute, assign, or commercially exploit the Software; or (iv) use the Software in any manner that could damage, disable, overburden, or impair Wall2Go's or any other party's search services, servers, or other equipment or services.
Wall2Go owns the title, copyright, and other intellectual property rights in the Software. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this License. This License grants you no right, title, or interest in any intellectual property owned or licensed by Wall2Go, including the Software and Wall2Go and third party trademarks.
- Third Party Information and Services
The Software may be used to access certain third party websites, software, applications, and other materials (collectively, "Third Party Materials"). Wall2Go does not provide any representations or warranties regarding the availability, accuracy, quality, fitness for any purpose, or content of any Third Party Materials and/or the handling and use of your submitted information by such Third Party Materials. The above disclaimer shall apply even in the event that Wall2Go has partnered with third party content providers (e.g., websites, search engines, applications, commercial vendors, etc.) to allow the Software to access Third Party Materials.
This License is effective until terminated. You may terminate this License at any time by uninstalling, removing, and deleting all copies and installations of the Software. This License will terminate immediately without notice from Wall2Go if you fail to comply with any provision of this License. Wall2Go may terminate this License at any time by notice and/or via automatic updates of the Software. Upon termination, you must uninstall, remove, and delete the Software.
- Data Collection and Privacy
- Support and Software Updates
Wall2Go may elect to update the Software from time to time in its sole discretion. Wall2Go may also elect to discontinue, disable, remove, or otherwise terminate your use of the Software, including via automatic update. Wall2Go may change, suspend, or discontinue any aspect of the Software at any time, including the availability of the Software or any feature therein. Wall2Go may also impose limits on certain features and services or restrict your access to parts or all of the Software without notice or liability. You may not block, limit, or otherwise refuse any such automatic update, even if such update limits, reduces, or removes some or all of the existing functionality of the Software.
- DISCLAIMER OF WARRANTY ON SOFTWARE
Wall2Go DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. Wall2Go EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Wall2Go DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL, AND/OR USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION, OR USE OF THE SOFTWARE. THE SOFTWARE IS NOT DESIGNED, INTENDED, OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. Wall2Go SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Wall2Go BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF THE SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Wall2Go HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM INABILITY TO USE THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Wall2Go and its affiliates and each of their employees, contractors, agents, officers, and directors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this License, your violation of applicable laws, or your violation of the rights of any other person or entity.
- Choice of Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State Israe, without regard to the principles of conflict of laws. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement shall not be released, discharged, changed or modified in any manner, except by instruments signed by duly authorized officers or representatives of each of the parties thereto.
Wall2Go may assign this Agreement, and all right, obligations, and liabilities hereunder, to any affiliated or third party in its sole discretion. Nothing herein shall be deemed to supersede or derogate from Wall2Go's remedies at law for any violation of this License or applicable law. If any provision of this License is unenforceable, the rest of it shall remain in effect. This License constitutes the entire agreement between you and Wall2Go with respect to the use of the Software and supersedes all prior or contemporaneous oral or written communications and representations with respect to the Software or any other subject matter covered by this.
REVISED: Nov 28, 2011