TWIDROYD END USER LICENSE AGREEMENT AND TERMS
This License Agreement is a legal agreement between you (either an individual or legal entity) and PostUp, Inc., a Delaware corporation (hereinafter “Licensor”) for the use of Twidroyd.
The Twidroyd Software (the computer programs in machine readable object code form issued by Licensor pursuant to this License Agreement) together with the Documentation (all manuals, user documentation and other related materials pertaining to the Twidroyd Software) and/or other materials distributed with the Twidroyd downloadable package or any other media containing these materials)is licensed, not sold, to you by Licensor, and Licensor reserves all rights not expressly granted to you within this license agreement. Under no circumstances shall source code of Twidroyd be made available to you by Licensor. The Twidroyd and Twidroyd PRO Software and Documentation are collectively referred to as ‘Twidroyd’.
By downloading, installing, copying or otherwise using all or any portion of the Twidroyd Software you agree to be bound by the terms of this License Agreement. If you do not agree to this License Agreement, do not use the Twidroyd Software.
1. LICENSE GRANT Licensor may, at its sole discretion, grant you a Free License and/or a Commercial License. Unless otherwise stated, the Free License Terms as set out under (A) are applicable to your use of Twidroyd if you have not purchased or otherwise rightfully obtained a Commercial License for Twidroyd. The Free License Terms are also applicable to your use of Twidroyd on any computers that are not covered under any Commercial Licenses you may have. The Commercial License Terms as set out under (B) are applicable to your use of Twidroyd (also referred to as Twidroyd PRO) if you have rightfully obtained a Commercial License for Twidroyd.
A. FREE LICENSE TERMS Licensor grants you a non-exclusive, non-transferable license to use Twidroyd for free, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, redistribute or lend Twidroyd to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void. Licensor may, at its sole discretion, decide to stop issuing free licenses for future updates to Twidroyd and will inform you thereof via the website www.twidroyd.com or by contacting you by email. If you wish to use new versions of Twidroyd after such a change, you will need to purchase a Commercial License.
A1. PERSONAL INFORMATION Licensor may render this License Agreement null and void if it finds that the personal information you submitted when obtaining Twidroyd is incorrect, inaccurate or outdated. Licensor may use your personal information to validate your free license rights, to prove to the application store where you downloaded Twidroyd that you obtained your Twidroyd free license there and to contact you with information related to Twidroyd. Licensor may share this information with its licensors. Licensor will not sell or license usage of your personal information to third parties.
B. COMMERCIAL LICENSE TERMS Licensor grants you a non-exclusive license to use Twidroyd (referred to as Twidroyd PRO), only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, redistribute or lend Twidroyd to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
B1. ONLINE ACTIVATION The Twidroyd Software requires Licensor online activation in order to use it under the Commercial License Terms. If you do not activate your copy of Twidroyd, all of or part of the functionality of your copy of Twidroyd will disable automatically. Licensor may at its sole discretion decide to adjust the exact technical conditions under which un-activated Twidroyd copies cease to work. For the sake of copy protection, a valid activation might be verified automatically by Twidroyd from time to time. You are required to submit personal information during online activation or purchase via resellers. You need an active, functional internet connection to activate your copy of Twidroyd. Your licensed use of Twidroyd is bound to the computer or mobile device you used to complete activation. You may need to reactivate your copy of Twidroyd after replacing the mobile device or otherwise changing the hardware configuration of your computer. You may need to contact Licensor via the website www.Twidroyd.com to complete reactivation. This License grants you the right to activate and use Twidroyd on one device by one and the same person. Licensor may at its sole discretion define and adjust other reasonable limits on purchase of Twidroyd via third-party application stores. This License does not allow multiple users to use Twidroyd on multiple devices.
B2. PERSONAL INFORMATION Licensor may render this License Agreement null and void if it finds that the personal information you submitted during online activation is incorrect, inaccurate or outdated. It is your sole responsibility to keep Licensor informed of any changes in your personal information. You may do so by contacting Licensor through the ‘Contact’ or ‘Support’ sections of the website www.Twidroyd.com or, if available, from within Twidroyd itself. Licensor may require you to verify any changes to personal information. Licensor may use your personal information to validate your personal license rights, to prove to the reseller where you purchased your Twidroyd license that you purchased your Twidroyd license there and to contact you with information related to Twidroyd. Licensor may share this information with its licensors. Licensor will not sell or license usage of your personal information to third parties.
2. GENERAL TERMS These General Terms are applicable on the Free License and the Commercial License.
Changes Licensor reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify Twidroyd or this License Agreement, and to impose new or additional rules, policies, terms, or conditions on your use of Twidroyd. Unless expressly stated to the contrary, such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this License Agreement as “Additional Terms”) will be effective immediately and incorporated into this License Agreement. Your continued use of Twidroyd following the Company’s adoption and posting of any Additional Terms will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. The most recent terms of Twidroyd and Twidroyd’s Privacy Policy are always available for viewing at www.Twidroyd.com and such posted terms will show the last date such terms were updated.
Third Party Services Twidroyd may facilitate your use of third party services not provided by Licensor such as Twitter (“Third Party Services”). Licensor makes no representations or warranties regarding the performance of such Third Party Services, their compliance with applicable laws and regulations, or any other aspect of such Third Party Services. Your use of Third Party Services is at your own risk and you are solely responsible for complying with all legal and contractual requirements necessary for using Third Party Services, including Twitter’s Terms of Service and Privacy Policy, as provided on www.twitter.com. Furthermore, you acknowledge and agree that the Third Party Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business with any third party, and you agree that Licensor and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such service providers. Furthermore, you acknowledge and agree that you are not being granted a license to (i) the Third Party Services; (ii) any products, services, processes or technology described in or offered by the Third Party Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Services or any products, services, processes or technology described or offered therein.
CONTENT You shall retain ownership rights in information, text, graphics or other content that you upload, post or otherwise transmit to or via your use of Twidroyd (“Submissions”) whether publicly posted or privately transmitted; in addition, by making your Submissions through Twidroyd, you agree that Licensor may distribute and publicly display your publicly posted Submissions (specifically, your public tweets) on a worldwide, non-exclusive, royalty-free basis through the Twidroyd service and through Licensor’s myriad distribution platforms. Such distribution by the Company may be made with no compensation paid to you with respect to the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Submissions as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.
You represent and agree that your Submissions and any use by you of features that allow for the transmission, posting or sharing of Submissions shall be your sole responsibility, shall not infringe or violate the intellectual property or other rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, defamatory, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances necessary to engage in such activities.
YOU SPECIFICALLY ACKNOWLEDGE THAT LICENSOR SHALL NOT BE LIABLE FOR YOUR SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT ARISING OUT OF OR RELATED TO YOUR USE OF TWIDROYD, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Privacy Policy Licensor’s collection, use, sharing and transfer of any data generated, or any Submissions you may provide, in connection with your use of Twidroyd is subject to Licensor’s Privacy Policy. Licensor reserves the right to change the provisions of its Privacy Policy at any time and from time to time at its sole discretion. Licensor will post any changes to its Privacy Policy at www.Twidroyd.com. Your use of Twidroyd following the posting of such changes to the Privacy Policy will constitute your acceptance of any such changes.
COPYRIGHT AND RESTRICTIONS Copyright and other intellectual, industrial and/or proprietary rights to Twidroyd and to any whole or partial copies that you make are owned by Licensor or its licensors. Licensor permits you to use Twidroyd only in accordance with the terms of this License Agreement. All rights not specifically granted by Licensor are reserved by Licensor. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of Twidroyd except for those uses allowed in this License Agreement. Licensor is willing to provide you the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that Twidroyd is the subject of copyright and other intellectual, industrial or proprietary rights of Licensor and/or third parties. All trademarks are the property of their respective owners.
LIMITATION OF LICENSE VALIDITY Any license to use Twidroyd granted to you under this License Agreement is limited to the release of Twidroyd which you rightfully obtained on the basis of this License Agreement. Licensor may offer free updates to Twidroyd. Licensor does not guarantee that any other releases of Twidroyd will be made available to you free of charge or that your rights under this License Agreement will automatically be applicable to any future releases of Twidroyd.
ADDITIONAL SERVICES Fees may apply for additional services and products offered by Licensor and others, including, but not limited to, services that integrate with Twidroyd or extend the functionality of Twidroyd.
ADDITIONAL ACTIVATIONS The Commercial License both do not allow Twidroyd to be activated and used on more devices than the number of devices you have obtained said License(s) for. Licensor may, at its sole discretion, for your convenience decide to allow you to activate Twidroyd on additional devices within reasonable limits. Notwithstanding such a decision, you are only licensed to use Twidroyd simultaneously on the amount of devices you have obtained said License(s) for. Licensor may, at its sole discretion, decide to suspend further activations performed under said License(s), and/or render said License(s) null and void, if it considers the amount of activations performed under said License(s) to be excessive. You and/or the person performing activation will be informed of such a decision either a) in writing, b) by email and/or c) from within the Twidroyd Software.
Third Party Software Twidroyd may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of Twidroyd is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License Agreement and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to your use of the relevant Third Party Software. In no event, shall Twidroyd or components thereof be deemed to be “open source” or “publically available” software.
DISCLAIMER OF WARRANTIES. Licensor is providing you Twidroyd on an “as-is” basis without warranty of any kind. Licensor does not and cannot warrant the performance or results you may obtain by use of Twidroyd. Licensor does not and cannot warrant that Twidroyd operates error-free. Licensor does not warrant that Twidroyd operates on the type of device owned by you and you shall be solely responsible for obtaining a device compatible with Twidroyd. Licensor 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. Licensor disclaims any warranties regarding the security, reliability, timeliness, and performance of the software. You understand 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.
EXCLUSIONS OF DAMAGES. Under no circumstances shall Licensor 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, or otherwise, even if Twidroyd has been advised of the possibility of such damages. Such limitation of liability shall include, but is not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever. 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.
LIMITATION OF LIABILITY The risk of any and all loss, damage or unsatisfactory performance of Twidroyd rests with you as the user. If you rely upon Twidroyd, you do so at your own risk and you assume the responsibility for the results. To the maximum extent permitted by applicable law, Licensor is not liable to you or to any third party for any damages, either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to damages rising from inability to use Twidroyd or access data, loss of data, loss of business, loss of profits, business interruptions, claims, suits or causes of action involving alleged infringement of copyrights, patens, trademarks, trade secrets or unfair competition or the like) arising out of the use or inability to use Twidroyd even if Licensor has been advised of the possibility of such damages. In no event shall Licensor’s total liability to you exceed the greater of the amount for which you purchased a Twidroyd Commercial License or US$5.00. If you purchased your license in another currency, a fair estimation of the purchase price will be made by Licensor or its subsidiaries. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
LIMITATION OF SUPPORT Licensor will make an effort to provide you with email support or a web-based help section pertaining to your use of Twidroyd. Said support will be limited to topics within the domain of basic usage of Twidroyd. Licensor is not required to reply to support requests or offer you general advice on technologies underlying or related to Twidroyd. Licensor reserves the right to cease offering support of any kind pertaining to the usage of older releases of Twidroyd whenever a new release, whether for free or for pay, of Twidroyd becomes available.
INFRINGEMENT If Twidroyd is, or in Licensor’s opinion is likely to become, the subject of a claim of infringement, Licensor shall have the right, without obligation and at its sole discretion, to: a) procure for you the right to continue to use Twidroyd; b) replace or modify Twidroyd in such a way as to make the modified version of Twidroyd non-infringing; or c) terminate this License Agreement, provided that in the event of such termination, Licensor shall refund the License fees paid by you on a prorated basis, taking into account the term Twidroyd has been used or owned, whichever is longer, by you. The foregoing states Licensor’s and its subsidiaries entire liability and obligation to you and your sole remedy with respect to any actual or alleged infringement of intellectual property rights of any kind.
TECHNICAL AND RELATED INFORMATION Licensor and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your device, system and application software. Licensor and its subsidiaries are free to use this information in any form that does not personally identify you. Any collection of technical and related information by Licensor and its subsidiaries shall be limited in such a manner that Licensor and its subsidiaries will not be capable to reconstruct the contents of files and folders you use from within Twidroyd or any other personal files and folders that are accessible to Twidroyd when you use Twidroyd.
LICENSE CODE Licensor may issue a license code or license key to you, which you may need to activate Twidroyd under the terms of the Commercial License. Licensor and its subsidiaries and distributors may link said license code or license key to you personally. Any given license code or license key is considered for your usage only and may not be distributed, published or otherwise communicated to third parties by you, unless permission to do so is granted to you in writing by Licensor.
TERM AND TERMINATION This License Agreement is effective until terminated. Without prejudice to any other rights, Licensor may immediately terminate this License Agreement if you fail to comply with any of the terms and conditions set out in this License Agreement. In such event you must cease all use of Twidroyd and destroy all copies of Twidroyd that are in your possession. Inaction of Licensor to terminate this License Agreement after you fail to comply with any of the terms and conditions set out in this License Agreement does not imply a waiver of any kind of the rights reserved by Licensor under this and other provisions.
MISCELLANEOUS Your delivery and payment conditions or any other general or special conditions shall not apply. This License Agreement is the entire agreement between you and Licensor relating to Twidroyd and supersedes all prior oral or written communications and representation with respect to Twidroyd or any other subject matter covered by this License Agreement. If any of the provisions of this license Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
EXPORT CONTROLS You agree not to export, re-export or use Twidroyd except as explicitly authorized by United States law and the laws of the jurisdiction in which you obtained your Twidroyd license. If you purchased or use Twidroyd in the United States, you may not export or re-export Twidroyd to any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Twidroyd, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use Twidroyd for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.
U.S. GOVERNMENT END USERS Twidroyd is defined as Commercial Items, as defined by 48 C.F.R. article 2.101 and consists of Commercial Computer Software and Commercial Computer Software Documentation as used in 48 C.F.R. article 12.212 or 48 C.F.R. article 227.7202. Twidroyd is being licensed to U.S. Government end users only as Commercial Items, consistent with 48 C.F.R. article 12.212 or 48 C.F.R. article 227.7202-1 through 227.7202-4 as applicable, and with only the same rights granted to all other end users in the terms and conditions of this License Agreement. All unpublished rights are reserved under the Copyright laws of the United States and International agreements.
APPLICABLE LAW This License Agreement shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law or conflicts of law rules. The exclusive venue for all litigation regarding or arising out of this License Agreement shall be in Los Angeles County, California and you agree to submit to the jurisdiction of the courts in Los Angeles County, California for such litigation. The United Nations Convention on the International Sale of Goods does not apply to this License Agreement. Should you have any questions concerning this License Agreement, please contact Licensor through the appropriate sections of the website.
The Twidroyd Software (the computer programs in machine readable object code form issued by Licensor pursuant to this License Agreement) together with the Documentation (all manuals, user documentation and other related materials pertaining to the Twidroyd Software) and/or other materials distributed with the Twidroyd downloadable package or any other media containing these materials)is licensed, not sold, to you by Licensor, and Licensor reserves all rights not expressly granted to you within this license agreement. Under no circumstances shall source code of Twidroyd be made available to you by Licensor. The Twidroyd and Twidroyd PRO Software and Documentation are collectively referred to as ‘Twidroyd’.
By downloading, installing, copying or otherwise using all or any portion of the Twidroyd Software you agree to be bound by the terms of this License Agreement. If you do not agree to this License Agreement, do not use the Twidroyd Software.
1. LICENSE GRANT Licensor may, at its sole discretion, grant you a Free License and/or a Commercial License. Unless otherwise stated, the Free License Terms as set out under (A) are applicable to your use of Twidroyd if you have not purchased or otherwise rightfully obtained a Commercial License for Twidroyd. The Free License Terms are also applicable to your use of Twidroyd on any computers that are not covered under any Commercial Licenses you may have. The Commercial License Terms as set out under (B) are applicable to your use of Twidroyd (also referred to as Twidroyd PRO) if you have rightfully obtained a Commercial License for Twidroyd.
A. FREE LICENSE TERMS Licensor grants you a non-exclusive, non-transferable license to use Twidroyd for free, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, redistribute or lend Twidroyd to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void. Licensor may, at its sole discretion, decide to stop issuing free licenses for future updates to Twidroyd and will inform you thereof via the website www.twidroyd.com or by contacting you by email. If you wish to use new versions of Twidroyd after such a change, you will need to purchase a Commercial License.
A1. PERSONAL INFORMATION Licensor may render this License Agreement null and void if it finds that the personal information you submitted when obtaining Twidroyd is incorrect, inaccurate or outdated. Licensor may use your personal information to validate your free license rights, to prove to the application store where you downloaded Twidroyd that you obtained your Twidroyd free license there and to contact you with information related to Twidroyd. Licensor may share this information with its licensors. Licensor will not sell or license usage of your personal information to third parties.
B. COMMERCIAL LICENSE TERMS Licensor grants you a non-exclusive license to use Twidroyd (referred to as Twidroyd PRO), only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, redistribute or lend Twidroyd to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.
B1. ONLINE ACTIVATION The Twidroyd Software requires Licensor online activation in order to use it under the Commercial License Terms. If you do not activate your copy of Twidroyd, all of or part of the functionality of your copy of Twidroyd will disable automatically. Licensor may at its sole discretion decide to adjust the exact technical conditions under which un-activated Twidroyd copies cease to work. For the sake of copy protection, a valid activation might be verified automatically by Twidroyd from time to time. You are required to submit personal information during online activation or purchase via resellers. You need an active, functional internet connection to activate your copy of Twidroyd. Your licensed use of Twidroyd is bound to the computer or mobile device you used to complete activation. You may need to reactivate your copy of Twidroyd after replacing the mobile device or otherwise changing the hardware configuration of your computer. You may need to contact Licensor via the website www.Twidroyd.com to complete reactivation. This License grants you the right to activate and use Twidroyd on one device by one and the same person. Licensor may at its sole discretion define and adjust other reasonable limits on purchase of Twidroyd via third-party application stores. This License does not allow multiple users to use Twidroyd on multiple devices.
B2. PERSONAL INFORMATION Licensor may render this License Agreement null and void if it finds that the personal information you submitted during online activation is incorrect, inaccurate or outdated. It is your sole responsibility to keep Licensor informed of any changes in your personal information. You may do so by contacting Licensor through the ‘Contact’ or ‘Support’ sections of the website www.Twidroyd.com or, if available, from within Twidroyd itself. Licensor may require you to verify any changes to personal information. Licensor may use your personal information to validate your personal license rights, to prove to the reseller where you purchased your Twidroyd license that you purchased your Twidroyd license there and to contact you with information related to Twidroyd. Licensor may share this information with its licensors. Licensor will not sell or license usage of your personal information to third parties.
2. GENERAL TERMS These General Terms are applicable on the Free License and the Commercial License.
Changes Licensor reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify Twidroyd or this License Agreement, and to impose new or additional rules, policies, terms, or conditions on your use of Twidroyd. Unless expressly stated to the contrary, such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this License Agreement as “Additional Terms”) will be effective immediately and incorporated into this License Agreement. Your continued use of Twidroyd following the Company’s adoption and posting of any Additional Terms will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. The most recent terms of Twidroyd and Twidroyd’s Privacy Policy are always available for viewing at www.Twidroyd.com and such posted terms will show the last date such terms were updated.
Third Party Services Twidroyd may facilitate your use of third party services not provided by Licensor such as Twitter (“Third Party Services”). Licensor makes no representations or warranties regarding the performance of such Third Party Services, their compliance with applicable laws and regulations, or any other aspect of such Third Party Services. Your use of Third Party Services is at your own risk and you are solely responsible for complying with all legal and contractual requirements necessary for using Third Party Services, including Twitter’s Terms of Service and Privacy Policy, as provided on www.twitter.com. Furthermore, you acknowledge and agree that the Third Party Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business with any third party, and you agree that Licensor and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such service providers. Furthermore, you acknowledge and agree that you are not being granted a license to (i) the Third Party Services; (ii) any products, services, processes or technology described in or offered by the Third Party Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Services or any products, services, processes or technology described or offered therein.
CONTENT You shall retain ownership rights in information, text, graphics or other content that you upload, post or otherwise transmit to or via your use of Twidroyd (“Submissions”) whether publicly posted or privately transmitted; in addition, by making your Submissions through Twidroyd, you agree that Licensor may distribute and publicly display your publicly posted Submissions (specifically, your public tweets) on a worldwide, non-exclusive, royalty-free basis through the Twidroyd service and through Licensor’s myriad distribution platforms. Such distribution by the Company may be made with no compensation paid to you with respect to the Submissions. We may modify or adapt your Submissions in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Submissions as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.
You represent and agree that your Submissions and any use by you of features that allow for the transmission, posting or sharing of Submissions shall be your sole responsibility, shall not infringe or violate the intellectual property or other rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, defamatory, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances necessary to engage in such activities.
YOU SPECIFICALLY ACKNOWLEDGE THAT LICENSOR SHALL NOT BE LIABLE FOR YOUR SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT ARISING OUT OF OR RELATED TO YOUR USE OF TWIDROYD, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Privacy Policy Licensor’s collection, use, sharing and transfer of any data generated, or any Submissions you may provide, in connection with your use of Twidroyd is subject to Licensor’s Privacy Policy. Licensor reserves the right to change the provisions of its Privacy Policy at any time and from time to time at its sole discretion. Licensor will post any changes to its Privacy Policy at www.Twidroyd.com. Your use of Twidroyd following the posting of such changes to the Privacy Policy will constitute your acceptance of any such changes.
COPYRIGHT AND RESTRICTIONS Copyright and other intellectual, industrial and/or proprietary rights to Twidroyd and to any whole or partial copies that you make are owned by Licensor or its licensors. Licensor permits you to use Twidroyd only in accordance with the terms of this License Agreement. All rights not specifically granted by Licensor are reserved by Licensor. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of Twidroyd except for those uses allowed in this License Agreement. Licensor is willing to provide you the necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that Twidroyd is the subject of copyright and other intellectual, industrial or proprietary rights of Licensor and/or third parties. All trademarks are the property of their respective owners.
LIMITATION OF LICENSE VALIDITY Any license to use Twidroyd granted to you under this License Agreement is limited to the release of Twidroyd which you rightfully obtained on the basis of this License Agreement. Licensor may offer free updates to Twidroyd. Licensor does not guarantee that any other releases of Twidroyd will be made available to you free of charge or that your rights under this License Agreement will automatically be applicable to any future releases of Twidroyd.
ADDITIONAL SERVICES Fees may apply for additional services and products offered by Licensor and others, including, but not limited to, services that integrate with Twidroyd or extend the functionality of Twidroyd.
ADDITIONAL ACTIVATIONS The Commercial License both do not allow Twidroyd to be activated and used on more devices than the number of devices you have obtained said License(s) for. Licensor may, at its sole discretion, for your convenience decide to allow you to activate Twidroyd on additional devices within reasonable limits. Notwithstanding such a decision, you are only licensed to use Twidroyd simultaneously on the amount of devices you have obtained said License(s) for. Licensor may, at its sole discretion, decide to suspend further activations performed under said License(s), and/or render said License(s) null and void, if it considers the amount of activations performed under said License(s) to be excessive. You and/or the person performing activation will be informed of such a decision either a) in writing, b) by email and/or c) from within the Twidroyd Software.
Third Party Software Twidroyd may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of Twidroyd is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License Agreement and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to your use of the relevant Third Party Software. In no event, shall Twidroyd or components thereof be deemed to be “open source” or “publically available” software.
DISCLAIMER OF WARRANTIES. Licensor is providing you Twidroyd on an “as-is” basis without warranty of any kind. Licensor does not and cannot warrant the performance or results you may obtain by use of Twidroyd. Licensor does not and cannot warrant that Twidroyd operates error-free. Licensor does not warrant that Twidroyd operates on the type of device owned by you and you shall be solely responsible for obtaining a device compatible with Twidroyd. Licensor 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. Licensor disclaims any warranties regarding the security, reliability, timeliness, and performance of the software. You understand 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.
EXCLUSIONS OF DAMAGES. Under no circumstances shall Licensor 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, or otherwise, even if Twidroyd has been advised of the possibility of such damages. Such limitation of liability shall include, but is not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever. 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.
LIMITATION OF LIABILITY The risk of any and all loss, damage or unsatisfactory performance of Twidroyd rests with you as the user. If you rely upon Twidroyd, you do so at your own risk and you assume the responsibility for the results. To the maximum extent permitted by applicable law, Licensor is not liable to you or to any third party for any damages, either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to damages rising from inability to use Twidroyd or access data, loss of data, loss of business, loss of profits, business interruptions, claims, suits or causes of action involving alleged infringement of copyrights, patens, trademarks, trade secrets or unfair competition or the like) arising out of the use or inability to use Twidroyd even if Licensor has been advised of the possibility of such damages. In no event shall Licensor’s total liability to you exceed the greater of the amount for which you purchased a Twidroyd Commercial License or US$5.00. If you purchased your license in another currency, a fair estimation of the purchase price will be made by Licensor or its subsidiaries. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
LIMITATION OF SUPPORT Licensor will make an effort to provide you with email support or a web-based help section pertaining to your use of Twidroyd. Said support will be limited to topics within the domain of basic usage of Twidroyd. Licensor is not required to reply to support requests or offer you general advice on technologies underlying or related to Twidroyd. Licensor reserves the right to cease offering support of any kind pertaining to the usage of older releases of Twidroyd whenever a new release, whether for free or for pay, of Twidroyd becomes available.
INFRINGEMENT If Twidroyd is, or in Licensor’s opinion is likely to become, the subject of a claim of infringement, Licensor shall have the right, without obligation and at its sole discretion, to: a) procure for you the right to continue to use Twidroyd; b) replace or modify Twidroyd in such a way as to make the modified version of Twidroyd non-infringing; or c) terminate this License Agreement, provided that in the event of such termination, Licensor shall refund the License fees paid by you on a prorated basis, taking into account the term Twidroyd has been used or owned, whichever is longer, by you. The foregoing states Licensor’s and its subsidiaries entire liability and obligation to you and your sole remedy with respect to any actual or alleged infringement of intellectual property rights of any kind.
TECHNICAL AND RELATED INFORMATION Licensor and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your device, system and application software. Licensor and its subsidiaries are free to use this information in any form that does not personally identify you. Any collection of technical and related information by Licensor and its subsidiaries shall be limited in such a manner that Licensor and its subsidiaries will not be capable to reconstruct the contents of files and folders you use from within Twidroyd or any other personal files and folders that are accessible to Twidroyd when you use Twidroyd.
LICENSE CODE Licensor may issue a license code or license key to you, which you may need to activate Twidroyd under the terms of the Commercial License. Licensor and its subsidiaries and distributors may link said license code or license key to you personally. Any given license code or license key is considered for your usage only and may not be distributed, published or otherwise communicated to third parties by you, unless permission to do so is granted to you in writing by Licensor.
TERM AND TERMINATION This License Agreement is effective until terminated. Without prejudice to any other rights, Licensor may immediately terminate this License Agreement if you fail to comply with any of the terms and conditions set out in this License Agreement. In such event you must cease all use of Twidroyd and destroy all copies of Twidroyd that are in your possession. Inaction of Licensor to terminate this License Agreement after you fail to comply with any of the terms and conditions set out in this License Agreement does not imply a waiver of any kind of the rights reserved by Licensor under this and other provisions.
MISCELLANEOUS Your delivery and payment conditions or any other general or special conditions shall not apply. This License Agreement is the entire agreement between you and Licensor relating to Twidroyd and supersedes all prior oral or written communications and representation with respect to Twidroyd or any other subject matter covered by this License Agreement. If any of the provisions of this license Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.
EXPORT CONTROLS You agree not to export, re-export or use Twidroyd except as explicitly authorized by United States law and the laws of the jurisdiction in which you obtained your Twidroyd license. If you purchased or use Twidroyd in the United States, you may not export or re-export Twidroyd to any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Twidroyd, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use Twidroyd for any purposes prohibited by United States law, including without limitation, the development, design, manufacture or production of nuclear missiles or chemical or biological weapons.
U.S. GOVERNMENT END USERS Twidroyd is defined as Commercial Items, as defined by 48 C.F.R. article 2.101 and consists of Commercial Computer Software and Commercial Computer Software Documentation as used in 48 C.F.R. article 12.212 or 48 C.F.R. article 227.7202. Twidroyd is being licensed to U.S. Government end users only as Commercial Items, consistent with 48 C.F.R. article 12.212 or 48 C.F.R. article 227.7202-1 through 227.7202-4 as applicable, and with only the same rights granted to all other end users in the terms and conditions of this License Agreement. All unpublished rights are reserved under the Copyright laws of the United States and International agreements.
APPLICABLE LAW This License Agreement shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law or conflicts of law rules. The exclusive venue for all litigation regarding or arising out of this License Agreement shall be in Los Angeles County, California and you agree to submit to the jurisdiction of the courts in Los Angeles County, California for such litigation. The United Nations Convention on the International Sale of Goods does not apply to this License Agreement. Should you have any questions concerning this License Agreement, please contact Licensor through the appropriate sections of the website.