PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING THE JOELABS FROZENQUERY MOBILE APPLICATION ACCOMPANYING THIS LICENSE. BY DOWNLOADING AND YOUR CONTINUED USE OF THIS MOBILE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.
The Application is licensed, not sold, and JoeLABs reserves all rights not expressly granted in this Agreement. Subject to the terms and conditions hereof, JoeLABs grants You a revocable, non-exclusive, non-transferable, limited right to install and use the Application on Mobile Device(s) that you own and control under a single user account through which you've obtained this software.
Restrictions on Use
You shall not distribute registered copies of this Application to third parties. You shall not modify, adapt, reverse engineer, decompile, disassemble, or attempt to derive the source code of this Application, except and only to the extent that such activity is expressly permitted by law notwithstanding this limitation. If your friends are really blown away by this Application and how it helps you in your life's missions, please encourage them to acquire a legitimate copy of this Application. We're pretty sure the time, cost, and energy of obtaining the requisite SoC trace emulators, logic analyzers, loggers, packet sniffers, uber-fast sampling oscilloscopes, workstation PCs, target devices, etc, to figure our Application's code is much much more than obtaining a legal copy.
Copyright and Intellectual Property
You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets, magic smoke, voodoo algorithms, and other intellectual property associated therewith are, and shall remain, the property of JoeLABs. All rights not expressly granted are reserved by JoeLABs.
Third Party Software
The Application may utilize or include third party software that is subject to open source and third party license terms. You acknowledge and agree that your right to use such third party software as part of the Application is subject 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 therin. In the event of a conflict between th terms of this license 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.
Appropriateness of Use
You acknowledge and agree that you are solely responsible for determining
the suitability of using this Application in your intended operating
environment. In addition, you acknowledge and agree that you are solely
responsible for the Risk Management and Validation in deploying Application
in your intended operating environment.
This Application is not designed, verified, depicted, portrayed, nor sold as a medical or otherwise life sustaining software product or service.
If you're using this FrozenQueRy Application in your domestic residential home environment, this section probably doesn't apply as much to you, although you are still responsible for suitability of use. Basically you are to determine that if this Application fails to deliver expected results or otherwise experiences a fault, what impact can arise from such failure and can you work around it without harming yourself or others. (e.g. If this Application for whatever black-magic reason loses track of the foods you've stored in your home freezer, you'll probably use the inconvenience as an excuse to order your favorite take-out, even though the foods you've stored are still good).
On the other hand, if you're (for example) managing food supply depended upon by patients in a hospital or clinical environment, the stakes might be higher than a home family meal inconvienence and may require more consideration to potential effects, consequences, proper SOPs, necessary mitigations, etc..., to determine if you should use this application in such environment.
JoeLABs expressly disclaims any warranty for this Application. To the maximum extent permitted by applicable law, the Application is provided "As Is", "As Available", and "With All Faults" without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, suitability, fitness of a particular purpose, reliability, timeliness, or accuracy. JoeLABs does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Application. JoeLABs makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. JoeLABs further expressly disclaims any warranty or representation to Authorized Users or to any third party.
Limitation of Liability
In no event shall JoeLABs be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the Application, even if JoeLABs has been advised of the possibility of such damages. In no event will JoeLABs be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. JoeLABs shall have no liability with respect to the content of the Application or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
You agree to indemnify and hold harmless JoeLABs and its affiliates, officers, directors, employees, consultants, agents, and anyone providing information or software used in the Application from any and all claims arising from, related to, or incidental to your use of the Application.
JoeLABs does not warrant that the Application will be compatible or inter-operable with your Mobile Device(s) or any other piece of hardware, software, equipment, or device installed on or used in connection with your Mobile Device(s). Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Mobile Device(s) to diminish or fail completely, and may result in permanent damage to your Mobile Device(s), loss of data located on your Mobile Device(s), and corruption of the software and files located on your Mobile Device(s). You acknowledge and agree that JoeLABs and its affiliates, partners, suppliers, and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems. While we might be impressed with your ability to load this Mobile Application onto your refurbished DynaTAC, there is no assurance that the Mobile Application or device will function properly.
This Agreement is effective until terminated. JoeLABs may immediately terminate this Agreement at any time at its sole discretion with or without notice to you. Additionally, Your rights under this Agreement will terminate automatically if you fail to comply with any term(s) of this Agreement. Upon termination, all legal rights and licenses granted to You hereunder shall terminate immediately and You shall cease all use of the Application and destroy all copies of the Application. All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.
This license shall be deemed to take place in the State of California, USA, and shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law principles. Any disputes arising from this license shall be adjudicated in the courts of Orange County, CA, USA.
You agree that the terms and conditions stated in this agreement are severable. If any paragraph, provision, or clause in this agreement shall be found or held to be invalid or unenforceable in any jurisdiction, the remainder of this agreement shall be valid and enforceable.
JoeLABs may assign, transfer, sell, rent or lend this agreement in whole or in part, at any time without notice to you. You may not assign this agreement or any part of it or any rights to use the Application, in whole or in part, either temporarily or permanently, to any other party. Any attempt to do so is void.
Amendment of this Agreement
JoeLABs reserves the right to modify or amend this agreement from time to time without notice. Your continued use of the application following the postings of changes to the agreement will indicate your acceptance of those changes.
Acknowledgement of Understanding/Entire Agreement
You acknowledge that you have read this agreement, understand it, and agree to be bound to its terms and conditions. You also agree that this agreement is the complete and exclusive statement of the agreement between JoeLABs and you and supersedes all proposals, representations, or prior agreements, oral or written, and any other communications between JoeLABs and you relating to the subject matter of this agreement.