The SOFTWARE PRODUCT is owned and operated by HP Wares Pty Ltd (ABN 54604871196). This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and HP Wares with regard to the copyrighted “iStyleApp” software provided with this EULA.
a. “SOFTWARE PRODUCT” or “SOFTWARE” refers to the “Free Version” and/or the “Premium version” of the iStyleApp Software and associated online services provide by HP Wares.
b. “Free version” means the executable code version of iStyleApp, with features listed for the Free Version.
c. “Premium version” means the executable code version of iStyleApp, including features from both the Free Version and all features listed of the “Premium” Application.
- Eligible Licensees.
This Software is available for license solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sub-licensing. IF YOU DO NOT OWN THE SOFTWARE, THEN DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.
- License Grant.
HP Wares grants to you a personal, non-transferable and non-exclusive right to use the copy of the SOFTWARE PRODUCT provided with this EULA. You agree you will not copy the Software except as necessary to use it on a single device.
- Restrictions on Use.
You agree that you may not:
i. Modify or create any derivative work of the SOFTWARE PRODUCT.
ii. Removing any proprietary notices, labels or marks from the Software.
iii. Decompile, disassemble or reverse engineer the SOFTWARE PRODUCT in whole or in part.
iv. Attempts to access or use the additional features of the premium version if you have not paid the applicable license fee.
v. Transfer, redistribute, encumber, sell, rent or sublicense the SOFTWARE PRODUCT.
Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to HP Wares.
- Restrictions on Use.
The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of HP Wares, and you will not acquire any rights to the Software, except as expressly set forth above. The SOFTWARE PRODUCT is protected by Australian and international copyright and trade mark laws.
4. User Generated Content
Images created/or imported by the user into the SOFTWARE PRODUCT are keep on the storage of the device and are not transmitted to HP Wares.
4.1 Any content created by you is your property and you represent and warrant that:
- It does not infringe any Applicable laws.
- You have not made the User Generated Content to be offensive and defamatory. Including and not limited to indecent or pornographic content etc..
- You agree to indemnify, hold and defend harmless HP Wares and its suppliers from and against any claims or lawsuits for all, cost, damages and expenses incurred for breaching these warranties.
5. Disclaimer of Warranty.
The Software is provided “AS IS” without warranty of any kind. HP Wares disclaim and make no express or implied warranties and specifically disclaim the warranties of merchant ability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Neither HP Wares nor its supplier’s warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.
5. Limitation of Liability.
Certain states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages the below limitation may not apply to you. To the maximum extent permitted by law, in no event shall HP Wares be liable for any damages whatsoever (including, without limitation, consequential damage, bargain, loss of anticipated savings or analogous loss, incidental or indirect damages, business profits, loss of data) of any kind arising out of the use or inability to use the software, even if HP Wares has been advised of the possibility of such damages, or any claim by a third party.
HP Wares IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE. HP Wares may provide an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a software program which you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package. In Its discretion, the provided updates may contain additional or different terms and conditions. If the terms and conditions as so revised are unacceptable to you, you must stop using the SOFTWARE PRODUCT.
8. Indemnification By You.
If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend HP Wares and its suppliers from and against any claims or lawsuits, including attorney’s fees that arise or result from the use or distribution of the Software in violation of this Agreement.