End User License Agreement (EULA) For Wallpaper Wizard 2

Updated August 09, 2017

Please read this EULA carefully before downloading, installing or using Wallpaper Wizard 2 (hereinafter – the “Software”). By downloading, installing and using the Software, you are agreeing to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not download, install and/or use the Software and, if presented with the option to "AGREE" or "DISAGREE" to the terms, click "DISAGREE".

This EULA is an agreement between you ("You", "Your") (either an individual or a single entity) and MacPaw, Inc. ("MacPaw" or "Us", "We") for the Software. Apple is not a party to this agreement. MacPaw, not Apple, is solely responsible for the Software and the content thereof. When used in this EULA, the term “Software” shall mean all of the contents of the downloads, files or other media containing Software with which this EULA is applicable, including but not limited to (A) registration information, i.e. license key which is unique for Your registration name; (B) related explanatory written materials or files ("Documentation"); and (C) Software setup files and code samples (if any); and (ii) any upgrades, modified versions, updates, additions, and copies of the Software, if any, provided to You by Us now or in the future (collectively, "Updates").

LICENSE

MacPaw as the licensor, grants You as the licensee, a limited, non-exclusive, non-transferable, revocable right to use the Software under the terms of this EULA. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title, including but not limited to copyrights, in and to the Software and any copies thereof are owned by MacPaw.

MacPaw reserves all rights not expressly granted to You. MacPaw retains the ownership of the copyright in and to the Software.

CONTENT

All title and intellectual property rights in and to the content (images and other media) which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Software integrates with a number of content providers. MacPaw is not responsible for any of the content loaded from these providers. In case You download any content from this Software for other than personal use, You bear all risks and responsibility related to necessity of obtaining permissions from the original copyright holders of content, model releases or property releases. All rights to content not expressly granted in this EULA are reserved by MacPaw and the content suppliers.

If you use Software, you may come across content that you find offensive or upsetting. Your sole remedy is to simply stop viewing the content. If available, you may also report the content to us. All content found in the Software are believed to be in the 'public domain'. We do not intend to infringe any legitimate intellectual right, artistic rights or copyright. If you found a violation contact us with details, we'll remove it as soon as possible.

PERMITTED USES AND RESTRICTIONS

Subject to Your compliance with this EULA, MacPaw grants You a non-exclusive, limited, revocable, non-transferable license to use the Software solely as follows:

  • The Single Use License version of Software is valid for 1 device with 1 monitor only. The Single Use License may be used in a personal or company environment. This device may be used by more than 1 person, but only 1 person may use this license at a time.
  • The additional in-app purchase license provides a multi monitor support. By acquiring this additional license You obtain the right to use the Software on unlimited number of monitors connected to one device.
  • Unauthorized copying of the Software is expressly forbidden.
  • You may not rent, lease, or lend redistribute or sublicense the Software to anyone, except as provided herein or with our express consent and agreement.
  • You may not permanently transfer all of Your rights under this EULA, unless We are notified of and consent to the assignment and the assignee agrees to the terms of this EULA.
  • Except as and only to the extent permitted in this EULA and by applicable law, You may not copy, adapt, translate, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software.
  • Without prejudice to any other rights, We may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the Software.
  • Your use of the Software must be in conformity with the Apple App Store Terms of Service.

PRIVACY AND CONSENT TO USE OF DATA

You acknowledge receipt of our Privacy Policy at: https://macpaw.com/policy, and that You have read it, understand it and You agree to it. You also agree that MacPaw and its subsidiaries may collect and use technical and related information, as long as it is in a form that does not personally identify You, to improve our products or to provide services or technologies to You.

TERMINATION

This EULA is effective until terminated. Your rights under this License will terminate by Us automatically without notice if You fail to comply with any term(s) of this EULA and or otherwise fail to pay the fees and charges, if any, payable to Us and associated with Your use of the Software. Upon the termination of this License, You shall cease all use and destroy, remove or delete all copies, full or partial, of the Software on Your computer or device and otherwise in Your possession or control. Any term or condition of this EULA, which by its plain meaning shall be and must be performed after termination, shall survive termination.

DISCLAIMER OF WARRANTIES

YOU ASSUME THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SOFTWARE. THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED OF ANY KIND AND MACPAW SPECIFICALLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. NO ORAL OR WRITTEN ADVICE GIVEN BY MACPAW, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY UPON SUCH INFORMATION OR ADVICE.

To the extent any warranty exists under law that cannot be disclaimed, MacPaw, not Apple, shall be solely responsible for such warranty.

SOFTWARE CLAIMS

MacPaw does not make any warranties concerning the Software. To the extent you have any claim arising from or relating to your use of the Software, MacPaw, not Apple, is responsible for addressing any such claims, which may include, but are not limited to: (i) any product liability claim; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty shall be Apple responsibility. Nothing in this EULA shall be deemed an admission that you may have such claims.

MAINTENANCE AND SUPPORT

To the extent that any maintenance or support is required by applicable law, MacPaw, not Apple, shall be obligated to furnish any such maintenance or support.

THIRD PARTY INTELLECTUAL PROPERTY CLAIMS

MacPaw shall not be obligated to indemnify or defend You with respect to any third party claim arising out or relating to the Software. To the extent MacPaw is required to provide indemnification by applicable law, MacPaw, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Software or your use of it infringes any third party intellectual property right.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL MACPAW BE LIABLE TO YOU OR A THIRD PARTY FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MACPAW 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. REGARDLESS, IN NO EVENT SHALL MACPAW'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

CONTROLLING LAW, COMPLETE AGREEMENT AND SEVERABILITY

This EULA will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. The federal or state courts located in or within 75 miles of Santa Clara, USA shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement. To the maximum extent permitted by law, You hereby consent to the jurisdiction and venue of such courts and waive any objections to such jurisdiction and venue.

ARBITRATION

Except for actions to protect copyrights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in the location in California, USA or such other location in the USA determined by MacPaw in its sole discretion. The arbitrator shall apply the laws of the State of California, to all issues in dispute. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Notwithstanding the law of California legal fees shall be awarded to the prevailing party in the arbitration.

ENTIRE AGREEMENT

This EULA constitutes the entire agreement between You and MacPaw relating to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

If any term or provision of this EULA is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity of enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. To the extent possible the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent, and if no such interpretation or enforcement is legally permissible, shall be deemed severed from the EULA.

ENGLISH VERSION

Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this EULA shall govern, to the extent not prohibited by local law in Your jurisdiction.

THIRD PARTY BENEFICIARIES

Apple and Apple’s subsidiaries are third party beneficiaries of this EULA. Upon Your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.

MODIFICATIONS

We may modify this EULA, for example, reflect changes to the law or changes to Software. You should look at the EULA regularly. We will post notice of modifications on this page. We will post notice of modified EULA. By continuing to use or access the Software after the revisions come into effect, you agree to be bound by the revised EULA.

LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

CONTACT INFORMATION

Should you have any questions, complaints, or claims relating to the Software, and you could not find a solution to your question on the FAQ section of our site or in the User Guide, please send us a detailed request and we will get back to you as soon as possible. You can also email us directly at [email protected] or call +1 (877) 562-2729. Our Address: MacPaw, Inc., 5201 Great America Parkway, Suite 320,Santa Clara, CA 95054

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