End User License agreement
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. DOWNLOADING,
INSTALLING OR USING tetherWifi or tetherBlu CONSTITUTES ACCEPTANCE OF THIS
androidactivity.com IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT
YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. BY DOWNLOADING OR
INSTALLING THE SOFTWARE, YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU
REPRESENT (COLLECTIVELY, 'CUSTOMER') TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE
TERMS OF THIS AGREEMENT, THEN androidactivity.com IS UNWILLING TO LICENSE THE SOFTWARE TO YOU
AND YOU SHOULD NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
The Software. As used in this Agreement, the term "Software" means, collectively: (i) the software
product identified above, (ii) related explanatory written materials and any other possible
documentation related thereto ('Documentation'), and (iii) upgrades, modified versions, updates,
additions, and copies of the Software, if any, licensed to Customer by androidactivity.com under this
License. Conditioned upon compliance with the terms and conditions of this Agreement, androidactivity.com
or its subsidiary licensing the Software instead of androidactivity.com, grants to Customer
a nonexclusive and nontransferable license to use for Customer's purposes the Software
for which Customer has paid the required license fees. 'Documentation' means
written information specifically pertaining to the Software and made available by androidactivity.com with the Software
in any manner.
Customer's license to use the Software shall be limited to, and Customer shall not use the Software in
excess of, a single hardware running the Android OS platform or any variation thereto for which Customer has paid to androidactivity.com the required license fee.
NOTE: For evaluation or
beta copies for which androidactivity.com does not charge a license fee, the above requirement to pay license
fees does not apply.
General Limitations. This is a license, not a transfer of title, to the Software and Documentation, and
androidactivity.com retains ownership of all copies of the Software and Documentation. Customer acknowledges
that the Software and Documentation contain trade secrets of androidactivity.com, its suppliers or licensors,
including but not limited to the specific internal design and structure of individual programs and associated
interface information. Accordingly, except as otherwise expressly provided under this Agreement,
Customer shall have no right, and Customer specifically agrees not to:
(i) transfer, assign or sublicense its license rights to any other person or entity, and Customer
acknowledges that any attempted transfer, assignment, sublicense or use shall be void;
(ii) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to humanreadable
form, or permit third parties to do the same;
(iii) disclose, provide, or otherwise make available trade secrets contained within the Software and
Documentation in any form to any third party without the prior written consent of androidactivity.com
Customer shall implement reasonable security measures to protect such trade secrets.
To the extent required by law, and at Customer's written request. Customer shall
observe strict obligations of confidentiality with respect to such information and shall use such information
in compliance with any applicable terms and conditions upon which androidactivity.com makes such information
In case Customer uses an evaluation license or beta copy of the Software, Customer specifically agrees
not to use or permit the Software to be used for commercial or profit-oriented purposes.
Software, Upgrades and Additional Copies. For purposes of this Agreement, 'Software' shall include
(and the terms and conditions of this Agreement shall apply to) computer programs, including android applications,
as provided to Customer by androidactivity.com or an authorized androidactivity.com reseller including Android Market (http://www.android.com/market/), and any upgrades,
updates, bug fixes or modified versions thereto (collectively, 'Upgrades') licensed or provided to Customer by androidactivity.com or an authorized androidactivity.com reseller.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) CUSTOMER HAS NO LICENSE OR
RIGHT TO USE ANY ADDITIONAL COPIES OR UPGRADES UNLESS CUSTOMER, AT THE TIME OF
ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE ORIGINAL SOFTWARE; AND (2) THE MAKING
AND USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY BACKUP PURPOSES ONLY.
Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other proprietary
notices on all copies, in any form, of the Software in the same form and manner that such copyright and
other proprietary notices are included on the Software. Except as expressly authorized in this Agreement,
Customer shall not make any copies or duplicates of any Software without the prior written permission of
Term and Termination. This Agreement and the license granted herein shall remain effective until
terminated. Customer may terminate this Agreement and the license at any time by destroying all copies
of Software and any Documentation. Customer's rights under this Agreement will terminate immediately
without notice from androidactivity.com if Customer fails to comply with any provision of this Agreement. Upon
termination, Customer shall destroy all copies of Software and Documentation in its possession or control.
All confidentiality obligations of Customer and all limitations of liability and disclaimers and restrictions of
warranty shall survive termination of this Agreement. In addition, the provisions of the section titled
'General Terms Applicable to the Limited Warranty Statement and End User License' shall survive
termination of this Agreement.
Export. Software and Documentation, including technical data, may be subject to U.S. export control
laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to
export or import regulations in other countries. Customer agrees to comply strictly with all such
regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or
import Software and Documentation.
Subject to the limitations and conditions set forth herein, androidactivity.com warrants that commencing from
the date of purchase by Customer, and continuing for
a period of ten (10) months: the Software substantially conforms to the
Documentation. Except for the foregoing, the Software is provided AS IS. This
limited warranty extends only to the Customer who is the original licensee. Customer's sole and exclusive
remedy and the entire liability of androidactivity.com and its suppliers and licensors under this limited warranty
will be (i) replacement of defective media and/or (ii) at androidactivity.com's option, repair, replacement, or
refund of the purchase price of the Software, in both cases subject to the condition that any error or
defect constituting a breach of this limited warranty is reported to androidactivity.com.
androidactivity.com or the party supplying the Software to Customer may, at its option, require return of the
Software as a condition to the remedy.
In no event does androidactivity.com warrant that the Software is error free or that Customer will be able to
operate the Software without problems or interruptions.
Restrictions. This warranty does not apply if the Software (a) has been altered, except by androidactivity.com
or its authorized representative, (b) has not been installed, operated, or maintained in accordance with
instructions supplied by androidactivity.com, or (c) is licensed, for beta, evaluation, testing or demonstration
purposes for which androidactivity.com does not charge a purchase price or license fee.
DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL
CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY
EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY
androidactivity.com, ITS SUPPLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE
EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE
SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL
RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails
of its essential purpose.
General Terms Applicable to the Limited Warranty Statement and End User License.
Disclaimer of Liabilities. REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS
ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL androidactivity.com OR ITS SUPPLIERS BE LIABLE
FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF
CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR
INABILITY TO USE SOFTWARE OR OTHERWISE AND EVEN IF androidactivity.com OR ITS SUPPLIERS OR
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall android activity's
or its suppliers' or licensors' liability to Customer, whether in contract, tort (including negligence),
breach of warranty, or otherwise, exceed the price paid by Customer for the Software that gave rise to the
claim. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Customer agrees that the limitations of liability and disclaimers set forth herein will apply regardless of
whether Customer has accepted the Software or any other product or service delivered by androidactivity.com.
Customer acknowledges and agrees that androidactivity.com has set its prices and entered into this Agreement
in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same
reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its
essential purpose and cause consequential loss), and that the same form an essential basis of the bargain
between the parties.
The Warranty and the End User License shall be governed by and construed in accordance with the laws of the State of Massachusetts, U.S., without reference to or application of choice of law
rules or principles. If any portion hereof is found to be void or unenforceable, the remaining provisions of
the Agreement shall remain in full force and effect. Except as expressly provided herein, this Agreement
constitutes the entire agreement between the parties with respect to the license of the Software and
Documentation and supersedes any conflicting or additional terms contained in any purchase order or
elsewhere, all of which terms are excluded. This Agreement has been written in the English language, and
the parties agree that the English version will govern.
Use of the software is at your own risk. androidactivity.com is not responsible for any damage that may result from using the software, rooting your phone, or anything else which the documentation of the application may suggest.
Using the software may or may not be allowed by your cell phone provider, check you agreement(s) and contract(s) with your cell phone provider before using the software.