Note: This Product License Agreement (“Agreement”) defines the terms of Weever Apps’ Product licenses to the Licensee.
Product Subscription Terms of Service
Subscription Agreement’ (“Agreement”) defines the terms of Weever Apps’ terms of sale. By accepting these terms of this agreement, you warrant that: you have authority to enter into this Agreement with Weever Apps on behalf of the Subscriber you have read the terms herein, that, by submitting an agreeing to purchase the Weever’s Subscription Agreement you, on behalf of the Subscriber, agree to the terms of sale of this Agreement.
Please do make sure before placing an order for a purchase that you have checked that your order details are correct. You will be bound by these terms and conditions on purchase and in respect of a trial, if you have any questions regarding them or have questions regarding Products please contact us at firstname.lastname@example.org
Functionality /Services/Additional Costs: In order for the functionality of the app/product to perform the customer recognizes that some external third party services account details must be establish and supplied for app integration and/or feeds of information. Some of these third party account services have open source and/or free subscription services, however some of these third party sources may change from free to a fee service or may change their rate fee of service. Weever Apps Inc. is not responsible for any third party service fees, change of fees, interruption of third party services, or lack of or incorrect account information resulting in the app/product performance. In addition, some changes to these feeds may require programming and resubmission to native app stores which may result in additional charges. Weever will quote these charges and receive purchase order and payment before proceeding. When requiring technical support for third party services the customer will utilize the third party technical support as available.
Weever Apps Inc. is not responsible for any content displayed on the mobile app, this is the sole responsibility of the customer to ensure that content is both correct and legal. Weever Inc. may include your corporate logo/app on our customer/featured app sections on our web site.
WEEVER APPS has the exclusive right to remove and/or cancel license or product agreements without notice, and without any additional compensation should the content or use of the app be deemed unlawful, inappropriate content relating to promotion of sexism or racisms, or promoting inappropriate content to minors.
Weever Apps means Weever Apps, Inc., an Ontario corporation.
Authorized Person means a licensed user of the Product for whom the Licensee has paid the License Fee to Weever Apps.
Authorized Use means logging into the Product from the Authorized Site, and use of the Product by an Authorized Person at the Authorized Site for the Licensee’s internal business purposes in accordance with the terms of this Agreement.
Authorized Site means the single business location of the Licensee. If the client has multiple locations, each site needs a separate license.
“Products” means Proprietary Weever Apps’ User Interface (UI) manager which includes all updates to or for the Product that may be provided by Weever Apps to the Licensee from time to time in Weever’s sole discretion. Weever’s proprietary products reside on Weever’s server(s).
License Fee means the amount payable to Weever Apps by the Licensee for the Product.
“Licensee” or “Subscriber” means the person, company, organization or other entity on whose behalf you purchased the Product.
Support Plan means the defined support program that applies to the Product as detailed in a Weever Apps’ Support Plan document if amended by Weever App.
II. Grant of License
Subject to the terms of this Agreement, Weever Apps grants to the Licensee a non-exclusive, non-transferable, non-sublicensable limited license to use the Product for the Authorized Use
III. No Warranty
To the extent permitted by law, and subject to clauses below, the Licensee acknowledges and agrees that:
1) Weever Apps gives no guarantee and makes no representation as to the correctness or completeness of the Product as to portions based on specifications provided by licensee.
2) the Product is provided on an “as is” basis without warranty, express or implied, of any kind or nature, including, but not limited to, any warranties of performance or merchantability or fitness for a particular purpose.
3) Operating systems stated in the customer contract, may not be supported after the total market share reaches less than 10%.
4) Licensee shall be entitled to the remedies set forth in section V.
IV. Exclusion of Liability
To the extent permitted by law, Weever Apps will not be liable to any person for any loss, damage, cost, expense or other claim (including, without limitation, consequential damages and loss of profits) in relation to the Product.
V. Implied Terms
If any law implies in this Agreement any term, condition or warranty which cannot be excluded or limited, then to the extent permitted by law, the liability of Weever Apps for breach of any such term, condition or warranty is limited to:
1) in terms of goods, at Weever Apps’ option a) the re-supply of the goods, or of equivalent goods; or b) the payment of the cost of having the goods supplied again; and
2) in terms of services, at Weever Apps’ option a) the re-supply of the services; or b) the payment of the cost of having the services supplied again.
VI. Weever Apps’ Obligations
Weever Apps will provide the Licensee with basic technical support for the Product, as defined in the Support Plan if amended by Weever Apps during the Term.
VII. Licensee’s Obligations
The Licensee must at all times:
1) ensure that it permits only Authorized Persons to use the Product and only for the Authorized Use at the Authorized Site in accordance with the terms and conditions of this Agreement;
2) immediately advise Weever Apps in writing if the Licensee becomes aware of any unauthorized use of the Product by any person.
VIII. Unauthorized Use and Distribution
Where as a result of any deliberate or negligent act or omission by the Licensee, the Product is supplied to or used by any person (other than an Authorized Person) without the prior written consent of Weever Apps, Weever Apps will immediately have the right (in addition to any other right or claim that Weever Apps may have against the Licensee) to retroactively charge the Licensee (in addition to the License Fee and any other fees paid or payable by the Licensee under or in relation to this Agreement) a fee equal to the License Fee multiplied by the number of persons to or by whom the Product has been supplied or used without the prior written consent of Weever Apps (whether for gain or sale or otherwise), and/or to immediately revoke the Licensee’s right of access to the Product.
XIV. Investigation of Unauthorized Use and Distribution
Where, after due investigation, Weever Apps reasonably suspects that a Product has been supplied to or used by any person (other than an Authorized Person) without Weever Apps’ prior written consent, the Licensee must, on Weever Apps’ request, provide Weever Apps with an unqualified certificate executed by the Licensee’s auditor at the Licensee’s cost specifying the total number and type of users of the Product so that Weever Apps may ascertain whether it may exercise its rights under additional clauses in this agreement.
X. Licensee’s Restrictions
Except to the extent that any laws prevent Weever Apps from restraining the Licensee from doing so, the Licensee must not without the prior written consent of Weever Apps (which may be withheld and which may include certain conditions, at Weever Apps’ discretion):
1) decompile, reverse engineer, disassemble, modify, adapt, create derivative works from, the Product or otherwise attempt to derive, the source code of the Product;
2) sell, redistribute, reproduce, transmit, circulate, disseminate, translate or reduce to or from any electronic medium or machine readable form the Product or any data/information provided to the Licensee through the Product to a person (except that nothing in this paragraph (b) is intended to prevent an Authorized Person undertaking Authorized Use at the Authorized Site);
3) use the Product to provide or operate Application Service Provider (ASP), service bureau, marketing, training, outsourcing, or consulting services, or any other commercial service related to the Product;
4) use the Product to develop a product which is competitive with the Product;
5) vary or amend the Authorized Use without Weever Apps’ prior written approval;
6) publish, promote, broadcast, circulate or refer publicly to the Weever Apps name or logo, without the prior written consent of Weever Apps;
7) commit any act or omission the likely result of which is that Weever Apps’ reputation will be brought into disrepute or which act or omission could reasonably be expected to have or does have a material and adverse effect on Weever Apps’ interests; or
8. export the Product outside the country in which the Authorized Site is located. In addition, the Licensee acknowledges that the Product includes license protection mechanisms that are designed to manage and protect the intellectual property rights of Weever Apps. Licensee must not modify or alter those features or otherwise attempt to defeat or circumvent the Product use rules that the license protection mechanisms are designed to enforce.
This Agreement is in effect from the date on the licensee subscribes to the product and payment has cleared and received by Weever Apps Inc. Product and will continue in full force and effect as described (“Term”), unless earlier terminated in accordance with clauses in this agreement.
Delinquency of developments and/or payments may result in a termination of use and service of the product.
XII. Intellectual Property
The Licensee acknowledges that the Product and all rights, title and interest, including intellectual property rights, in relation to the Product (including any trade marks contained in or on the Product) are the property of Weever Apps and Weever Apps is entitled to take whatever action it may decide in order to protect its rights, title and interest, including intellectual property rights, in relation to the Product.
The Licensee must not remove or alter any trade mark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Product. All rights not specifically granted in this Agreement, are reserved by Weever Apps.
The Licensee agrees to use reasonable efforts, and to take the same precautions that you take to protect your own computer programs and other information of similar value that. You do not wish to have disclosed or disseminated to others, to avoid disclosure or dissemination of any part of the Licensed Software, its documentation, or its source, to any third party by you and your employees, agents or consultants (if any). These restrictions will not apply to any information that becomes publicly known, through no fault or breach on Your part, that Our software regularly provides third parties without restrictions on disclosure or that you receive from a third party rightfully and without restriction on disclosure.
XIII. Publicity Rights
The Licensee grants Weever Apps the right to identify the Licensee as a customer on Weever Apps’ website or other promotional material in relation to the Product.
XIV. No Assignment
This Agreement may not be assigned by the Licensee without the prior written consent of Weever Apps.
Payments made by the Licensee under this Agreement exclude any taxes or duties payable in respect of the goods or services supplied in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by Weever Apps, the Licensee must pay to Weever Apps the amount of such taxes or duties in addition to the License Fee under this Agreement.
When you visit our website or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail. For the contractual purpose, you consent to receive communications electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights
A notice given by a party under or in relation to this Agreement will be deemed as having been given:
1) if sent by e-mail, at the time at which it is sent, unless an electronic message is delivered in response indicating that delivery of the e-mail has failed or has been delayed;
2) if sent by facsimile, upon production of a correct and complete transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient;
3) if sent by hand, when its delivery is confirmed by a signature on behalf of the recipient; and
4) if sent by post, on the third business day (or seventh business day if sent overseas) after posting
XVII. Entire Agreement
This Agreement constitutes the entire agreement between the parties in relation to its subject matter. No understanding, arrangement or provision not expressly set out in this Agreement will bind the parties.
All correspondence, negotiations and other communications between the parties in relation to the subject matter of this Agreement which precede this Agreement are superseded by and merged in it.
This Agreement may not be varied except in writing signed by a duly authorized representative of each party
The failure by Weever Apps at any time to enforce any of its powers, remedies or rights under this Agreement will not constitute a waiver of such powers, remedies or rights or affect Weever Apps’ rights to enforce those powers, remedies or rights at any time.
If any provision of this Agreement is prohibited, invalid or unenforceable in any jurisdiction, that provision will, as to that jurisdiction be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
XXI. Optional SMS
Weever SMS must comply with all local laws set out concerning opt in as well as proper opt out to comply with all anti-spamming laws. Weever Apps is a channel to send messages but we are not responsible for sending SMS messages or advising our users on local laws regarding SMS messaging, that is the sole responsibility of the subscriber.
XXII. Governing Law
This Agreement is governed by the laws of the Province of Ontario, Canada and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Ontario, Canada.
XXIII. Native App Submission
Your subscription will not be automatically submitted to the native Apple Store or the Android Market unless the subscriber indicates their intention of the same through the formal subscription process or through expressed written intent to Weever apps Inc. Upon this intent, Weever will review and submit your app once to either native Apple Store or Android Market or both as indicated by the subscriber (refer to the pricing page for costs.) There is no guarantee on acceptance of submission(s). Any associated fees in connection with these submissions are not refundable in the event the submission is rejected.