This End User License Agreement ("Agreement") is between you and Harmion and governs use of this "Kids English Words" App made available through the Google Play Store. By installing the "Kids English Words" App, you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the "Kids English Words" App.
This Agreement is between you and "Harmion" only, and not Google, Inc. ("Google"). Notwithstanding the foregoing, you acknowledge that Google and its subsidiaries are third party beneficiaries of this Agreement and Google has the right to enforce this Agreement against you. "Harmion", not Google, is solely responsible for the "Kids English Words" App and its content.
Refer PRIVACY POLICY FOR MOBILE APPLICATION "KIDS ENGLISH WORDS"
Harmion grants you a limited, non-exclusive, non-transferable, revocable license to use the "Kids English Words" App for your personal, non-commercial purposes. This license granted to You for the Licensed Application by Harmion is limited to a non-transferable license to use the Licensed Application on any Android device that You own or control. This license does not allow You to use the Licensed Application on any Android device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Harmion and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Harmion that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
By using the "Kids English Words" App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the "Kids English Words" App does not violate any applicable law or regulation. Your access to the "Kids English Words" App may be terminated without warning if Harmion believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the "Kids English Words" App, you agree to be bound by this Agreement in respect to your child’s use of the "Kids English Words" App.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HARMION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HARMION DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HARMION OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HARMION BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF HARMION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Harmion's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Third Party Materials. The Licensed Application may enable access to Harmion's and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service. You understand that by using any of the Services, You agree to use the Services at Your sole risk and that Harmion shall not have any liability to You for the content. You acknowledge and agree that Harmion is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, quality or any other aspect of such Third Party Materials or web sites.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
Harmion does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Harmion, not Google, shall be obligated to furnish any such maintenance or support.
Harmion, not Google, is responsible for addressing any claims by you relating to the "Kids English Words" App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the "Kids English Words" App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
Harmion shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the "Kids English Words" App. To the extent Harmion is required to provide indemnification by applicable law, Harmion, not Google, shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the "Kids English Words" App or your use of it infringes any third party intellectual property right.
Except where otherwise specified, the contents of the Licensed Application are copyright (c) 2015 Harmion. All rights reserved. The contents of the Licensed Application are subject to protection under state copyright laws. You are not permitted to use the copyrighted content outside of the normal functions of the Licensed Application without the prior written consent of Harmion. Please direct any questions or comments to Harmion in the form of an email to contact specified.
The license is effective until terminated by You or Harmion. Your rights under this license will terminate automatically without notice from Harmion if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
This license agreement was last updated on 15 July 2015.