This End User License Agreement (“EULA”) is a legal agreement between you (“You” or “Your”) and the University of Southern California ( “We” or “Us”) with regard to USC PhotoRun Application for Android-based Mobile Phones (“Software”). By installing or using the Software You agree to be bound by the terms of this EULA.
- Eligible Licensees. This Software is available for license solely to Software Owners, with no right of duplication or further distribution, licensing, or sub-licensing. A Software Owner is someone who legally obtained a copy of the Software Product via Android Market.
- License Grant. We grant You a personal, non-transferable and non-exclusive right to use the copy of the Software obtained via Android Market. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited. Furthermore, You hereby agree not to create derivative works based on the Software. You may not transfer this Software.
- Copyright. 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 USC, and You will not acquire any rights to the Software, except as expressly set forth above.
- Reverse Engineering. You agree that You will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license.
- Disclaimer of Warranty. The Software is provided “AS IS” without warranty of any kind. We disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, 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. We do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be error-free.
- Limitation of Liability. Our entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall we be liable to You for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software.
- Rental. You may not loan, rent, or lease the Software.
- Updates and Upgrades. All updates and upgrades of the Software from a previously released version are governed by the terms and conditions of this EULA.
- Support. Support for the Software is provided solely in USC’s discretion. See digitalmarketing at esd dot usc dot edu.
- Indemnification by You. You agree to indemnify, hold harmless and defend Us 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.
- Your Privacy. We do not collect or store any of Your digital photos. Your digital photos are stored on Your own device and the Software functions to facilitate uploading and interaction between You (and Your own device) and Your online social networks that you log into (to the extent You choose to opt-in). Your digital photos are not sent to Us, and we cannot and do not share Your digital photos with others. We do not collect or store any of Your login information regarding the online social networks that You may access via use of the Software. Your login information for your online social networks that You may access via use of the Software are not sent to us, and we cannot and do not share Your login information with others.Your interactions with Your online social networks are governed by any agreements that you may have with them, such as their end user license agreements and the like.