This End User License Agreement (this “EULA“) is a binding agreement between you (a single end-user individual or entity) and Syntomo Ltd. (“SYNTOMO“), the maker of MailWise, regarding the use of the Software (as defined herein). This EULA represents the entire agreement between you and SYNTOMO concerning the subject matter hereof, and by entering into this EULA you acknowledge that you have not relied on any statement, representation, advertising, assurance or warranty other then as expressly detailed in this EULA
BY INSTALLING AND/OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS EULA. SYNTOMO PERMITS YOU TO INSTALL AND/OR USE THE SOFTWARE ONLY IN ACCORDANCE WITH AND SUBJECT TO YOUR FULL COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS EULA.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT INSTALL AND/OR USE THE SOFTWARE OR COPY ANY PART THEREOF AND CLICK “DISAGREE/DECLINE”. ANY INSTALLATION AND/OR USE OF THE SOFTWARE WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA.
The term “Software” in this EULA shall mean the software Syntomo Android Mail Client, called MailWise, including, but not limited to: (i) Any and all of the Software components; (ii) All of the contents of the files (provided by electronic download or any other method of distribution) or other media accompanying the Software; (iii) All of the Software’s related explanatory written materials or files (the “Documentation“); (iv) Upgrades, modified versions, updates and additions to the Software, if any, licensed to you by SYNTOMO (collectively, the “Updates“), and (v) Any permitted copies of the above (as specified in this EULA).
Subject to your full compliance with the terms and conditions of this EULA, SYNTOMO grants you a free of charge, non-exclusive, non-transferable, non-sub-licensable, single user license to install and use one copy of the Software, solely for the original purposes of the Software, on a single personal computer at a time.
You have no ownership rights in the Software. Rather, you have a license to use the Software pursuant to the terms and conditions of this EULA as long as this EULA remains in full force and effect. All right, title and interest in and to the Software, including the Documentation, and all intellectual property rights embedded therein are and will remain at all times the sole and exclusive property of SYNTOMO. Any other use of the software by you or by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this EULA.
The Software and Documentation contain material that is protected by applicable copyright and trade secret laws and by international treaty provisions. All rights not granted to you herein are reserved to SYNTOMO. All copyright notices shall be maintained on the Software, and you may not remove any proprietary notice of SYNTOMO from any copy of the Software or Documentation. You may not copy the Software (except as permitted under this EULA) or the Documentation that accompanies the Software.
SYNTOMO, at its sole discretion, may provide Updates to the Software. All Updates are provided to you on a license exchange basis. You agree that by using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, and subject to the aforesaid, you may continue to use previous versions of the Software on your computer but only to assist you in the transition to the Update, provided that: (i) the Update and the previous versions are installed on the same computer, and (ii) the previous versions or copies thereof are not transferred to another party and/or computer and not used for any other purpose.
SYNTOMO is not obligated to provide any support (technical or other) to the Software and/or its Updates, and you acknowledge that if you receive such support from SYNTOMO, it is provided at SYNTOMO’s sole discretion and it in no manner obligates SYNTOMO to continue and provide such support.
Except as and only to the extent any of the following restrictions are specifically prohibited by applicable law or to the extent as may be specifically permitted by the licensing terms governing use of any open sourced components included with the Software (as described in sections 10 and 11 of this EULA): (i) You must protect the Software and Documentation consistent with SYNTOMO’s rights, including informing persons who are permitted access thereto in order to satisfy your obligations hereunder; (ii) You may not publish, display, disclose, sell, rent, lease, sub-license, modify, loan, distribute,, alter or create derivative works based on the Software or any part thereof; (iii) You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code of the Software; (iv) You may not transmit the Software over any network or between any devices, although you may use the Software to make such transmissions of other materials. You may transfer the Software to another computer you own as long as you only use the Software on one computer at a time; (v) You may not make copies of the Software, except for backup purposes, provided that you only make one backup copy and your backup copy is not installed or used on any server and/or computer. Such copy must include a reproduction of all copyright, trademarks or other proprietary notices appearing in or on the original copy of the Software, and (vi) You may not remove or alter any patent numbers, trade names, trademarks, notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to the Software.
The Software and the information embodied therein, including but not limited to: all data, technology, know-how, ideas, inventions, discoveries, processes, formulas, designs, algorithms, subroutines, object code, source code, patterns, computer programs, models and devices, samples, or any other information regarding the Software which you have obtained pursuant to the installation and the use of the Software (collectively, the “Information“) is confidential, shall not be disclosed by you without the prior written consent of SYNTOMO, and remains at all times the sole and exclusive property of SYNTOMO. No use of the Information is permitted except as otherwise expressly provided in this EULA and only to the extent necessary for your personal use of the Software.
SYNTOMO EXPRESSLY DISCLAIMS ANY AND ALL WARANTIES FOR THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS. SYNTOMO DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK.
SYNTOMO GRANTS NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY TO YOUR REQUIREMENTS, COMPATIBILITY WITH THIRD PARTY SOFTWARE, NON-INFRINGMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE OR THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SYNTOMO OR AN AUTHORIZED REPRESENTATIVE OF SYNTOMO SHALL CREATE A WARANTY.
YOU HEREBY WARRANT AND REPRESENT THAT SYNTOMO, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES, SHALL BE LIABLE FOR ANY: (I) LOSSES, COSTS, PENALTIES, ATTORNEYS FEES OR FOR ANY EXPOSURE AND/OR LOSS OF DATA, FAILURE IN PROTECTING DATA, BUSINESS INTERRUPTION AND ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TAXES AND PENALTY TAXES), ARISING OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE AND/OR THIS EULA, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIABILITY), EVEN IF YOU HAD NOTIFIED IN ADVANCE OF SUCH POSSIBILITY, OR (II) THIRD PARTY CLAIMS AGAINST YOU.
The use of the Software by anyone under the age of 13 is strictly prohibited.
To the extent that this Software contains any components from the The Android Open Source Project code, these components, and them exclusively, shall be subjected to the terms and conditions of the Apache License 2.0, which can be found in the following link: http://www.apache.org/licenses/LICENSE-2.0.
This EULA is effective until terminated pursuant to the provisions of this section 12. You may terminate this EULA at any time by ceasing all use of the Software and destroying or returning to SYNTOMO all copies of the Software and Documentation in your possession or under your control. SYNTOMO may terminate this EULA without notice if SYNTOMO finds that you have violated the terms of this EULA. In such a case, you will cease all use of the Software and destroy or return to SYNTOMO all copies of the Software and Documentation in your possession or under your control. Termination shall not limit SYNTOMO from pursuing other available remedies. The provisions of sections
2 (Ownership), 3 (Copyright), 7 (Confidentiality) 8 (Disclaimer of Warranties and Liabilities), 12 (Termination) and 13 (Governing Law) hereof shall survive the termination of this EULA for any reason.
This EULA will be governed exclusively by and construed exclusively in accordance with the substantive laws of the State of Israel, without regard to its conflict of law rules. The courts of Tel-Aviv-Jaffa shall have exclusive jurisdiction over all disputes relating to this EULA.
(i) The captions of the sections of this EULA are for convenience of reference only and in no way define, limit or affect the scope or substance of any section of this EULA; (ii) You may not assign or transfer any rights or obligations in this EULA without the prior written consent of SYNTOMO. Any attempted assignment or transfer in violation of this section will be deemed void. SYNTOMO may assign or transfer any rights or obligations in this EULA without your prior consent; (iii) If any part of this EULA is found void and/or unenforceable, it will not affect the validity of the balance of this EULA, which shall remain valid and enforceable according to its terms (unless it renders the license contemplated hereby impracticable); (iv) Updates may be licensed to you by SYNTOMO with additional and/or different terms; (v) No delay or omission by SYNTOMO in exercising any right under this EULA shall operate as a waiver of that or any other right; (vi) Nothing in this EULA, express or implied, shall create or confer upon any person or entity, other than the parties hereto or their respective successors and permitted assigns, any rights, remedies, obligations or liabilities, except as expressly provided herein.
Syntomo, in its sole discretion, modify or update this EULA from time to time, and so you should review this page periodically. When we change the EULA in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of MailWise after any such change constitutes your acceptance of the new EULA. If you do not agree to any terms of this EULA or any future terms of the EULA, do not use or access (or continue to access) MailWise.
Last modified: October 23, 2014