JSCZ3W SOFTWARE LICENSE TERMS

iOS mobile app Terms of Use

IF YOU LIVE IN (OR ARE A BUSINESS WITH A PRINCIPAL PLACE OF BUSINESS IN) THE UNITED STATES, PLEASE READ THE “BINDING ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.

These license terms are an agreement between you and Jscz3w Corporation (or one of its affiliates). They apply to the software named above and any Jscz3w services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Jscz3w’s rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.  INSTEAD, RETURN IT TO APPLE INC. ("APPLE") FOR A REFUND OR CREDIT IF APPLICABLE.

1. INSTALLATION AND USE RIGHTS. You may install and use one copy of the software on an iOS-based device as permitted by Apple’s app store usage rules.

a. Included Jscz3w Applications. This software includes components from Jscz3w . These components are governed by separate agreements and their own product support policies, as described in the license terms found in the installation directory for that component or in the “Licenses” folder accompanying the software.

b. Third Party Software. The software may contain third-party applications licensed to you under this agreement or their respective terms. You can access the license terms, notices and confirmations (if any) applicable to third-party applications, or view them in the attached notice file. Even if such applications are subject to other agreements, to the extent permitted by applicable law, the following disclaimers and damage limitations and exclusions apply.

2. FEEDBACK. If you give feedback about the software to Jscz3w, you give to Jscz3w, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires Jscz3w to license its software or documentation to third parties because Jscz3w includes your feedback in them. These rights survive this agreement.

3. DATA COLLECTION. This software transmits data to Jscz3w, including about your device and computing environment, usage and performance data, and crash dumps you chose to send. Jscz3w uses a variety of security technologies and procedures to help protect data from unauthorized access, use or disclosure. Jscz3w deletes this data annually. To learn more about how Jscz3w processes personal data we collect, please see the https://www.jscz3w.com/ys_app.html.

4. WORK OR SCHOOL ACCOUNTS. You can use it without registering an account..

5. SCOPE OF LICENSE. The software is licensed, not sold. Jscz3w reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):

a. work around any technical limitations in the software that only allow you to use it in certain ways;

b. reverse engineer, decompile or disassemble the software;

c. remove, minimize, block, or modify any notices of Jscz3w or its suppliers in the software;

d. use the software for commercial, non-profit, or revenue-generating activities unless you have commercial use rights under a separate agreement;

e. use the software in any way that is against the law or to create or propagate malware; or

f. share, publish, distribute, or lend the software, provide the software as a stand-alone hosted solution for others to use, or transfer the software or this agreement to any third party.

6. TRANSFER TO ANOTHER DEVICE. You may uninstall the software and install it on another device for your use. You may not share this license on multiple devices.

7. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use..

8. SUPPORT SERVICES. Jscz3w is not obligated under this agreement to provide any support services for the software. Any support provided is “as is”, “with all faults”, and without warranty of any kind.

9. UPDATES. The software may periodically check for updates, and download and install them for you. You may obtain updates only from Jscz3w or authorized sources. Jscz3w may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.

10. BINDING ARBITRATION AND CLASS ACTION WAIVER. This Section applies if you live in (or, if a business, your principal place of business is in) the United States. If you and Jscz3w have a dispute, you and Jscz3w agree to try for 60 days to resolve it informally. If you and Jscz3w can’t, you and Jscz3w agree to binding individual arbitration before the American Arbitration Association under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed; nor is combining individual proceedings without the consent of all parties. 

11. TERMINATION. Without prejudice to any other rights, Jscz3w may terminate this agreement if you fail to comply with any of its terms or conditions. In such event, you must destroy all copies of the software and all of its component parts.

12. ENTIRE AGREEMENT. This agreement, and any other terms Jscz3w may provide for supplements, updates, or third-party applications, is the entire agreement for the software.

13. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles, except that the FAA governs everything related to arbitration. If you acquired the software in any other country, its laws apply, except that the FAA governs everything related to arbitration. If U.S. federal jurisdiction exists, you and Jscz3w consent to exclusive jurisdiction and venue in the federal court in King County, Washington for all disputes heard in court (excluding arbitration). If not, you and Jscz3w consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington for all disputes heard in court (excluding arbitration).

14. THIRD PARTY BENEFICIARY. You agree that Apple and its subsidiaries are third party beneficiaries of this agreement, and Apple has the right to enforce this agreement.

15. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, or country. Separate and apart from your relationship with Jscz3w, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state, province, or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:

a. Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.

b. Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.

c. Germany and Austria.

1. Warranty. The properly licensed software will perform substantially as described in any Jscz3w materials that accompany the software. However, Jscz3w gives no contractual guarantee in relation to the licensed software.

1. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Jscz3w is liable according to the statutory law.

Subject to the foregoing clause ii., Jscz3w will only be liable for slight negligence if Jscz3w is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Jscz3w will not be liable for slight negligence.

1. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. IF DESIRED, YOU MAY NOTIFY APPLE FOR A REFUND OF THE PURCHASE PRICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER. Jscz3w GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, Jscz3w EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

2. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM APPLE, Jscz3w, AND Jscz3w’S SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES.

This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites, or third-party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law. It also applies even if Jscz3w or Apple knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.