WINTEGO MONITORING SOFTWARE END USER LICENSE AGREEMENT
The last update of this EULA is 09 February , 20213.
PLEASE CAREFULLY READ THIS
END USER LICENSE AGREEMENT (“EULA”) PRIOR TO PURCHASING OR USING THE WINTEGO SOFTWARE SOFTWARE (HEREINAFTER - SOFTWARE/LICENSED SOFTWARE). BY PURCHASING
OR USING THE SOFTWARE, YOU AGREE TO ADHERE TO THE TERMS OF THIS EULA. IF YOU DO
NOT ACCEPT THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE AND
DELETE THE SOFTWARE AND ALL OF ITS RELATED FILES FROM YOUR DEVICE. THIS EULA IS
A LEGAL AGREEMENT BETWEEN YOU (HEREINAFTER - THE USER) AND GEAR GARGETS
GROUP,LLC. (HEREINAFTER – LICENSOR) FOR USE OF THE SOFTWARE. BY DOWNLOADING,
INSTALLING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS
OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT
DOWNLOAD, INSTALL, OR USE THE SOFTWARE.
BY ACCEPTING THIS EULA, YOU
AGREE TO INSTALL THIS SOFTWARE ONLY ON A DEVICE OR DEVICES OWNED BY YOU AND,
FOR CLOUD-BASED OR OTHER MONITORING THAT DOES NOT REQUIRE INSTALLATION ON A
DEVICE, TO USE IT ONLY IN CONNNECTION WITH AN ACCOUNT, APPLICATION, OR PROGRAM
YOU HAVE THE LEGAL RIGHT TO ACCESS. YOU ALSO AGREE TO INFORM ANY PERSON(S), WHO
USE(S) A DEVICE WITH THE SOFTWARE INSTALLED AND ANY OTHER PERSON WITH THE RIGHT
TO ACCESS A MONITORED ACCOUNT OF THE PRESENCE OF THE SOFTWARE. FAILURE TO
COMPLY HEREWITH MAY RESULT IN BREAKING APPLICABLE LAW BY YOU. YOU UNDERSTAND
AND AGREE THAT YOU SHALL BE RESPONSIBLE FOR ANY LEGAL COSTS INCURRED BY THE
LICENSOR RESULTING FROM YOUR IMPROPER OR ILLEGAL USE OF THE SOFTWARE.
IF YOU INTEND TO USE
THIS SOFTWARE ON THE DEVICE THAT YOU DO NOT OWN OR INTEND TO track SOME ONE
WITHOUT THEIR NOTICE THEN IF SUCH A PERSON TAKES THE LEGAL ACTION AGAINST YOU
THEN YOU WILLL TAKE ALL THE LEGAL RISKS AND WE WILL NOT BE RESPONSIBLE FOR SUCH
ACTION OR ACTIONS.
SOFTWARE
INTENDED FOR LEGAL USE ONLY. IT IS THE VIOLATION OF THE APPLICABLE LAW AND YOUR
LOCAL JURISDICTION LAWS TO INSTALL THE LICENSED SOFTWARE ONTO A DEVICE YOU DO
NOT OWN. THE LAW GENERALLY REQUIRES YOU TO NOTIFY OWNERS OF THE DEVICES, ON
WHICH YOU INTEND TO INSTALL THE LICENSED SOFTWARE. THE VIOLATION OF THIS REQUIREMENT
COULD RESULT IN SEVERE MONETARY AND CRIMINAL PENALTIES IMPOSED ON THE VIOLATOR.
YOU SHOULD CONSULT YOUR OWN LEGAL ADVISOR WITH RESPECT TO LEGALITY OF USING THE
LICENSED SOFTWARE WITHIN YOUR JURISDICTION PRIOR TO INSTALLING AND USING IT.
YOU ARE SOLELY RESPONSIBLE FOR INSTALLING THE LICENSED SOFTWARE ONTO SUCH
DEVICE AND YOU ARE AWARE THAT wintego CANNOT BE HELD RESPONSIBLE. LESS
YOU WILL BE RESPONSIBLE
FOR ALL THE ACTIONS FOR USING WINTEGO SOFTWARE.
This EULA is an integral part
of the Terms of Use.
General Provisions. User acknowledges that the
Software shall be used for the purpose of monitoring, tracking and obtaining
access to certain devices such as cell phones and computers (including, but not
limited to, email and text messages) of children, including through the use of
devices, on which the Software is installed.
·
User agrees that the installation and use of the Software will
be in accordance with the applicable law governing the monitoring of device,
account, application, or program activity and usage, and will not use the
Software in violation of any laws the User is subject to, including any law,
rule, ordinance or governmental regulation.
·
User agrees to install this software ONLY on a device that is
owned by a User.
For cloud-based or other monitoring that does not require installation on a
device, the User agrees to use this software ONLY in connection with an
account, application, or program the User has the legal right to access.
·
User acknowledges that it is prohibited and against the terms of
this EULA not to inform any third party which device, account, application, or
program is monitored by the User with the.
·
User consents not to allow any other person to access the
information that the Software collects from the device, account, application,
or program on which the Software is installed.
·
User understands that the Site and the Software shall be used
only with the aim of (i) parental control of their children, (ii) control their
own device.
·
User acknowledges that in some cases the physical access to a
target device is required for the Software to be installed on that target
device or iCloud login and password.
·
User acknowledges that in case of an Android Target device, the
Software may not be installed remotely without physical access hereto. Remotely
the Software may be synchronized with iOS devices, but the iCloud credentials
are required, which means the Software may be installed by the User only to a
device to which a User has lawful access.
·
User is aware that before installing the Software you have to
check the requirements of compatibility of your target device according to the
Compatibility Policy. If you have failed to comply with Compatibility Policy
after the installation, you agree that it is your responsibility and you will
not be refunded.
·
User understands that a target device shall be in compliance
with the Compatibility Policy to be able to use the Software with basic
features. If more features are required on a target device, a jailbreaking
(iOS) or rooting (Android) shall be performed, which is a legal procedure
according to the applicable law. According to exemptions, which were adopted to
the Digital
Millennium Copyright Act by the Librarian of Congress, a
jailbreaking and rooting in specific cases are lawful.
BY INSTALLING THE SOFTWARE,
YOU HEREBY WARRANT, REPRESENT, COVENANT AND CERTIFY THE FOLLOWING:
a.
Scope of
License: The Application Provider
grants you a limited, non-exclusive, non-transferable revocable license
(hereinafter – the License) to (i) install the Software on one or more devices,
which are owned by you, are under your lawful control, and (ii) view and use
the Software and any related information provided to you by the Software, (iii)
or to use the Software for cloud-based monitoring of a specified account,
application, or program. Nothing in this EULA should be interpreted as
permitting installation of the Licensed Software on any device you do not own
or control, or which you do not have the legal right to monitor, or to monitor
any account, application, or program you do not have the legal right to
monitor.
b.
Software is
Designed for Legal Use only. The
Licensed Software is designed for use by those who have the legal right to
control a device, account, application, or program on which it is installed, or
on which it is used for parental control. The Licensor cannot provide legal
advice to you regarding your use of the Licensed Software. You should consult
your own legal advisor with respect to legality of using the Licensed Software
in the manner you intend to use it prior to downloading, installing, or using
the Licensed Software. You take full responsibility for determining that you
have the right to monitor the device, account, application, or program on which
the Licensed Software is installed. The Licensor shall not be held responsible
if the User chooses to control a device, account, application, or program the
User does not have the right to it.
c.
Illegal Use of
the Software. You agree not to use the
Licensed Software in any manner to harass, abuse, stalk, threaten, defame or
otherwise infringe or violate the rights of any other person, and that the
Licensor is not in any way responsible for any such use by you. In case the Licensed
Software is installed on the device without permission of the owner, the
Licensor has the right to block (delete) the Software on an appropriate device
and make sure that the account of a violator is blocked. Please be informed
that all the data on the Licensor servers is encrypted by the software, which
is responded to standards and requirements, provided by the GDPR, to protect
the privacy of the account holder, therefore the Licensor can neither disclose
this data to any third parties nor read it from the server side.
d. Some
part of the Software may include source code of third-party software, which was
used within Software development. Because of this, in the event of violating
this Agreement, you may breach rights and interests of third parties.
e.
License. It
is understood and agreed that the Licensor is the owner of all right, title,
and interest in and to the original, and any copies of the Licensed Software
and related information, improvements, enhancements or derivatives thereto and
ownership of all intellectual property rights pertaining thereto, in whole or
in part, shall be, vest with, and remain the exclusive property of the
Licensor. You, as a licensee, through your downloading, installing, or use of
the Software do not acquire any ownership rights to the Licensed Software. The
Licensed Software is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The rights
granted in this license are limited to the right to download, install, and use
the Licensed Software and do not include any other intellectual property rights.
You agree that you may
not and will not: (i) sell, lease, rent, license, sublicense, redistribute,
assign or grant the Licensed Software; (ii) decompile, disassemble, or reverse
engineer the Licensed Software, in whole or in part; (iii) write or develop any
derivative software, make attempt to derive the source code of, modify, or
create derivative works of the Licensed Software, any updates, or any part or
any other software program based upon the Licensed Software; (iv) provide,
disclose, divulge or make available to, or permit use of the Software by any
third party without the Licensor prior written consent; or (v) copy the
Software.
Any attempt to do so is considered as a violation of the EULA
and the rights of the Licensor and/or other copyright owners. If you breach
this restriction, you may be subject to legal actions and damages.
If you violate requirements mentioned above, you will be
responsibility according to applicable law and international treaties on
intellectual property rights and copyrights protection, and derivative software
that was developed will be belonged to the Licensor from the moment of its
creation.
The Licensor may provide upgrades, modifications, updates, or
additions (hereinafter – the Modifications) to the Licensed Software during the
term of the License. The terms of this EULA shall be applied to any such
Modification unless such Modification is accompanied by a separate license, in
which case the terms of that license will be applied
You represent that participation under this EULA will not breach
any agreement to keep in confidence proprietary information acquired by you in
confidence or in trust prior to this EULA. You represent that you have not
entered into, and will not enter into, any oral or written agreement in
conflict herewith.
For Software using it may be necessary an internet connection.
The Licensor will not be responsible, if you are not able to get an access to
the Software due to problems with internet connection or its absences.
f.
Consent to Use
of Data: You agree that the Licensor
may collect and use technical data and related information, including but not
limited to technical information about your device, system and application
software, and peripherals, that is gathered periodically to facilitate the
provision of software updates, product support and other services to you (if
any) related to the Licensed Software. The procedure and conditions of personal
data processing, storing, retention and transferring are setting forth in the Privacy Policy.
g.
Third Party
Information. You agree that you will not
at any time prior to or after this EULA, improperly use or disclose any
proprietary information or trade secrets of any other persons which may be in
your possession, if any. Further, should the Licensor disclose confidential
information of its third-party licensors, you will comply with any use and
confidentiality guidelines requested of you by the Licensor. You will hold all
such confidential and proprietary information in the strictest confidence and
will not disclose it to any third party or use it for the benefit of any person
other than for the Licensor or such third party.
h.
Term and
Termination: The term of this License
runs concurrently with the term of your subscription plan, which is the period
during which you are authorized to use the Licensed Software. Your rights under
this License will terminate automatically without notice from the Licensor if
you fail to comply with any term(s) of this EULA or your subscription period
expires. Upon termination of the License, you shall cease all use of the
Licensed Software and uninstall it from any devices on which it was installed.
i.
Limited
warranty. You agree that neither
Software is not free from bugs, and we recommend you to back up your files on a
regular basis. The Licensor does not warrant Software working capacity in case
violation of Terms and Conditions and this EULA.
j.
The Licensor does not warrant the Software working capacity, if
bugs in the Software are caused by any third-party device or software which are
not provided by the Licensor.
The Software is providing on “as is” and “as available” principles. The
Licensor does not provide any warranties on the Software using and efficiency,
except warranties, conditions, propositions and terms, which are not able to be
excepted or limited according to applicable law. The Licensor does not provide
any warranties, conditions, provisions or terms (expressed in clearly or in
constructive form) for, including without limitation, commercial quality,
integration or usability for specific aims.
You agree that you are liable for choosing a software for arriving necessary
results, as well for installing and using a Software, and for results, received
with their assistance, and for breaching rights of third parties, in the event
of unlawful Software use.
k. This
limited non-transferable warranty covers the Software for the period under your
subscription plan after the License is purchased. If you receive supplements,
updates, or replacement Software during that time then the limited warranty
will be prolonged until the end of your subscription plan. To the extent
permitted by law, this implied warranty lasts only during the term of the
Limited Warranty.
l.
Technical
issues. In the event of technical
issues with the Software you may address professional help from our Customer
Support Center, which will provide you with the full support under the limited
warranty during your subscription plan.
In case you have technical issues with the Software, which cannot be fixed by
the Licensor Customer Support Center, the sole remedy you are eligible for is a
full refund in accordance with the Refund Policy,
without any kind of compensations, indemnifications, etc.
m. The
terms of this EULA are subject to change at any time, and in the event of any
changes, the updated version of the EULA will appear on this page.
n. The
Licensor reserves the right to change this License granted to you at any time;
the changes will be effective when posted on the website Wintego SOFTWARE.com.
The Licensor may also change, discontinue, or impose limits on certain features
of the Licensed Software without liability. Your continued use of the Licensed
Software indicates your consent to the changes.
o.
Limitations of
Liability. TO THE EXTENT PERMITTED BY
THE APPLICABLE LAW, THE LICENSOR SHALL NOT BE LIABLE TO YOU IN RESPECT OF ANY
CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM,
DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT,
WHICH MAY RESULT FROM USE OR POSSESSION OF THE SOFTWARE; OR FOR ANY LOSS OF
PROFIT, REVENUE, DATA, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR
INABILITY TO USE THE SOFTWARE, ANY DEFECT IN THE DATA, OR THE BREACH OF THIS
EULA, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF
THE SOFTWARE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE
THE LICENSOR LIABILITY UNDER ANY PROVISIONS OF THE EULA ARE LIMITED BY THE
SUMM, THAT WAS PAID BY YOU FOR THE SOFTWARE USAGE, BUT NOT MORE THAN 50$.
Under no event the
Licensor be liable for the Software usage.
p.
Additional
Terms and Conditions. This End User License
Agreement constitutes the entire, final and integrated agreement between the
Parties concerning the subject matter hereof and supersedes all prior and
contemporaneous understandings and communications, whether oral or written,
between the Parties relating to the subject matter hereof. The Licensor
reserves any rights or licenses other than those specifically granted herein.
This EULA shall not be assigned (by operation of law or otherwise) or
transferred in any manner by you without the prior written consent of the
Licensor.
q. YOU
EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND UNDERSTAND THE RIGHTS,
OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL
THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS.
r.
This EULA is governed by the laws of Czech Republic.
s.
International
Use. Although the Software may be
accessible worldwide, we make no representation that the Software or related
materials are appropriate or available for use in your location, and the
Software may not be accessed from territories where the content is prohibited
by local laws. Those who choose to access the Software from such locations do
so on their own initiative and are responsible for compliance with local laws,
if and to the extent local laws are applicable. Any offer and/or information
made in connection with the Software is void where prohibited.
t.
Without limiting the foregoing, the Software may not be exported
or re-exported (a) into (or to a national resident of) any U.S. embargoed
countries or (b) to anyone on the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Department of Commerce Denied Person’s List or
Entity List. By accessing and using the Software, you represent and warrant
that you are not located in, under control of, or a national resident of any
such country or on any such list.