Reeher Mobile Application EULA – Android

Last modified January 2014
PLEASE READ THIS REEHER MOBILE APPLICATION END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS EULA PERTAINS TO YOUR USE OF THE REEHER MOBILE APPLICATION AND YOU ACCESSING AND USING REEHER SERVICES (DEFINED BELOW) VIA THE REEHER MOBILE APPLICATION WHICH YOU DOWNLOADED THROUGH THE GOOGLE PLAY MARKET FOR USE WITH A MOBILE DEVICE (“REEHER MOBILE APPLICATION”). ***YOUR USE OF THE REEHER MOBILE APPLICATION TO ACCESS AND USE THE REEHER SERVICES WILL NOT BE POSSIBLE UNLESS YOU MEET EACH OF THE FOLLOWING CONDITIONS:

  1. The Reeher customer with which you are employed, affiliated or associated (“Customer”) has been granted a license by Reeher, LLC (“Reeher”) to access and use certain “Reeher Services”
  2. You have accepted, or hereafter accept, the terms and conditions of the Reeher Services End User License Agreement (“Reeher Services EULA”) accessible when you register to access and use the Reeher Services; and
  3. You have accepted the terms and conditions of this EULA.

By clicking on the “I AGREE” button, or by installing or using the Reeher Mobile Application, you acknowledge that you have read this EULA, that you understand it, and that you agree to be bound by this EULA. If you do not agree to be bound by this EULA, you may not install or use the Reeher Mobile Application and you will not get access to the Reeher Services via the Reeher Mobile Application. This EULA was last updated on February 21, 2014. It is effective among you and Reeher as of the date you first download, install or use the Reeher Mobile Application, whichever is earliest. NOTE THAT the scope of “Reeher Services” is determined by the Order Forms and Master Subscription Agreement executed by Customer and Reeher. You are only permitted to access and use the Reeher Services purchased by Customer to the extent Customer has such rights. This EULA binds you personally. You are responsible for your breach of this EULA. Reeher may also hold the Customer liable for your breach of this EULA. By clicking on the “I AGREE” button, or by installing or using the Reeher Mobile Application you are agreeing that:

  1. Use of Reeher Services. Your access to and use of the Reeher Services is governed by the terms and conditions of the Reeher Services EULA and the Order Forms and Master Subscription Agreement executed by Customer and Reeher. Access to the Reeher Services via the Reeher Mobile Application is also subject to this EULA.
  2. Use of the Reeher Mobile Application; Restrictions on Use.
    1. License. Reeher hereby grants to you a nonexclusive, terminable, limited right to use the copy of the Reeher Mobile Application that you downloaded solely on the device on which you downloaded the Reeher Mobile Application and solely for the purposes of accessing and using the Reeher Services as set forth in Section 1 hereof. You understand that your access rights are personal and not transferable and that you may not sublicense them. You also understand that your rights will be terminated by Reeher if you do not abide by this EULA, and that you may have liability to Reeher if you misuse the Reeher Mobile Application.
    2. Restrictions. Reeher reserves all rights in and to the Reeher Mobile Application not granted herein. You understand that you may not and you represent that you will not:
        • use the Reeher Mobile Application except as permitted in Section 2(a) of this EULA; use the Reeher Mobile Application for any purpose that may or does violate any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States of America or other relevant countries); use the Reeher Mobile Application in violation of any agreements you may have with third parties, including, without limitation, your mobile network carrier or your device manufacturer;
        • recreate, post, copy, reproduce or otherwise duplicate, replicate, frame, mirror, disclose, publish, modify, create derivative works of, or translate the Reeher Mobile Application, in whole or in part;
        • attempt to reverse assemble, reverse compile, reverse engineer, decompile, disassemble, or access the source code for the Reeher Mobile Application, or any component thereof, except to the extent expressly permitted by applicable law, and then only after prior written notification has been given to Reeher specifying the permitted manipulation;
        • use the Reeher Mobile Application, in whole or in part, in the operation of a service bureau or on an application or software as a service provider basis to support anyone;
        • rent, lease, sublicense, sell, assign, market, transfer, distribute or loan by any means the Reeher Mobile Application to any third party including an assignment by operation of law;
        • allow access to the Reeher Mobile Application to anyone; remove, obscure or alter any patent, copyright, trademark or other proprietary rights notice(s) on the Reeher Mobile Application; or
        • export or re-export, directly or indirectly, the Reeher Mobile Application into any country prohibited by the applicable laws and regulations in the United States of America.

    You agree that your use of the Reeher Mobile Application is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by Reeher regarding future functionality or features.

    1. Ownership. You agree that, as between you and Reeher, Reeher is the sole owner of all right, title and interest (including all intellectual property rights) in and to the Reeher Mobile Application and all components thereof.
    2. DISCLAIMER OF WARRANTIES. THE REEHER MOBILE APPLICATION IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, AND REEHER AND GOOGLE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, UNDER OR RELATED TO THIS EULA AND THE REEHER MOBILE APPLICATION INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND USE, AND ALL WARRANTIES ARISING BY COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. REEHER AND GOOGLE DO NOT WARRANT THAT USE OF THE REEHER MOBILE APPLICATION WILL BE UNINTERRUPTED, VIRUS-FREE, ACCURATE, COMPLETE, SECURE, FUNCTIONING OR ERROR-FREE. YOUR USE OF THE GOOGLE PLAY MARKET AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GOOGLE PLAY MARKET, INCLUDING THE REEHER MOBILE APPLICATION, IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
    3. LIMITATION ON LIABILITY. NOTWITHSTANDING ANYTHING ELSE IN THIS EULA OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL (i) REEHER BE LIABLE UNDER OR AS A RESULT OF THIS EULA TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST OR CORRUPTED DATA, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY), OR ANY OTHER SIMILAR DAMAGES, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), EVEN IF REEHER HAS BEEN INFORMED OF THE POSSIBILITY THEREOF, AND (ii) REEHER’S TOTAL, CUMULATIVE LIABILITY FOR ANY LOSS, COST, CLAIM, LEGAL ACTION OR DAMAGES OF ANY KIND (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY) UNDER OR AS A RESULT OF THIS EULA EXCEED $10.
    4. TIME FOR SUITS. BY CL
      ICKING THE “I AGREE” BUTTON, OR BY INSTALLING OR USING THE REEHER MOBILE APPLICATION, YOU AGREE THAT NO ACTION UNDER THIS EULA MAY BE BROUGHT BY YOU AGAINST REEHER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES.
  3. Additional Terms Relevant to Google Inc. (“Google”).
    1. The Reeher Mobile Application is a Reeher product and is not a Google (or any other third party) product or service. This EULA constitutes an end user license agreement in lieu of any license grant provided by Google to use the Reeher Mobile Application on your device. This EULA is made between you and Reeher only, and not with Google. As between Google and Reeher, Reeher is solely responsible for the Reeher Mobile Application.
    2. Because you are using the Google Play marketplace, which is owned and operated by Google, to acquire your license to the Reeher Mobile Application, you are subject to additional terms with Google. For your convenience, we have identified some of them below. However, whatever Google tells you applies to your use of the Google Play marketplace supersedes what is stated in this Section 3(b). Your use of Google Play is governed by a legal agreement between you and Google consisting of the Google Terms of Service (currently found at http://www.google.com/accounts/TOS) and the Google Play Terms of Service (found at https://play.google.com/intl/en-US_us/about/play-terms.html) as well as other terms referenced in such terms, such as the Google Play Business and Program Policies (http://play.google.com/about/android-developer-policies.html).
    3. Maintenance and support for the Reeher Mobile Application, if any, is provided by Reeher not Google. Support requests, as well as questions, complaints or claims regarding the Reeher Mobile Application, may be directed to Reeher Support, 165 Western Ave., Suite 8, St. Paul, MN 55102. Users may also contact us by email at support@reeher.com.
    4. Google shall not be responsible for addressing any claims by you or any third party relating to the Reeher Mobile Application or your possession and/or use of the Reeher Mobile Application.
    5. For the improvement of Google Play, Google may collect certain usage statistics from Google Play and your device, including but not limited to, information on how Google Play and your device are being used. The data collected is examined in the aggregate to improve Google Play for users and developers and, according to Google, it is maintained in accordance with Google’s Privacy Policy. We can neither control nor are responsible for the privacy practices of Google. To ensure the improvement of the Reeher Mobile Application, limited aggregate data may be available to Reeher from Google.
  4. Termination. The license granted under this EULA is effective as set forth above and will continue in effect until terminated (a) automatically, if your right to access and use the Reeher Services terminates for any reason, (b) by you at any time by notifying Reeher in writing, or (c) automatically and without notice, upon your failure to comply with any term or condition of this EULA. Upon termination, you agree to destroy all copies of the Reeher Mobile Application in your possession. The following terms shall survive termination of this EULA: Sections 2(b), (c), (d), (e), and (f), 3, 4, 5 and 6.
  5. Removal of Reeher Mobile Application. Reeher or Google may, at any time and without notice, delete the Reeher Mobile Application from Google Play. Therefore, Reeher cannot provide updates, if any, to the Reeher Mobile Application if the Reeher Mobile Application has been removed from Google Play.
  6. General. The laws of the State of Minnesota will govern this EULA, without reference to its conflicts of law principles. By clicking on “I Agree”, or by installing or using the Reeher Mobile Application, you agree to submit to the jurisdiction of, and waive any venue objections against, the State and Federal courts located in Hennepin County, Minnesota; such jurisdiction and venue being exclusive for you. The United Nations Convention on Contracts for the Sale of Goods does not apply to this EULA. If any provision of this EULA is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. The failure of either party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. This EULA is the entire and exclusive agreement between you and Reeher with respect to the Reeher Mobile Application with which you downloaded this EULA.