End User License Agreement - Aptora Mobile 360

This agreement is between you and Aptora Corporation (Aptora) and covers the Aptora Mobile 360 application, including its mobile applications, updates and documentation (the Software). Installing or using the Software means you accept this agreement.

Aptora’s published End User License Agreement at aptora.com/legal/eula covers Total Office Manager, which is a different product on a different agreement. This one covers the mobile app.

1. Licence

Aptora grants you a limited, personal, non-exclusive, non-transferable, revocable licence to install and use the Software on devices you own or control, solely to carry out work for a business that holds a current Aptora licence covering the Software. The licence lasts as long as that business’s licence and your authorization from them, and no longer.

2. What you may not do

1. Reverse engineer, decompile or disassemble the Software, or try to derive its source code, except where the law expressly permits it despite this restriction.
2. Modify, adapt, translate or create derivative works of the Software.
3. Rent, lease, lend, sell, sublicense, distribute or make the Software available to anybody else, or use it to provide a service to a third party.
4. Remove, obscure or alter any notice of copyright, trademark or other ownership.
5. Circumvent, disable or interfere with any security, licensing or access control mechanism, or use the Software beyond the number of users the business’s licence covers.
6. Use the Software other than through an authorized connection to that business’s Aptora system.
7. Use the Software to build a competing product, or to benchmark it for publication without our written agreement.

3. Ownership

The Software is licensed, not sold. Aptora and its licensors retain all right, title and interest in it, including all intellectual property rights, and in every update, enhancement and modification of it. All rights not expressly granted here are reserved.

The business records created with the Software belong to the business that licenses it. This agreement gives Aptora no ownership of them.

4. Third-party components

The Software includes third-party and open source components, each under its own licence. Those licences govern those components and, where they grant you rights this agreement does not, those rights prevail for that component. Acknowledgements lists them.

5. Updates

Aptora may provide updates, and an update may add, change or remove features. An update may be required for the Software to keep working with the service. This agreement covers every update unless one comes with its own terms.

6. Data

What the Software does with information is described in the Privacy Notice, which forms part of this agreement.

7. No warranty

To the maximum extent the law allows, the Software is provided as is and as available, with all faults and without warranty of any kind. Aptora disclaims all warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement. Aptora does not warrant that the Software will be uninterrupted, secure or error free, or that defects will be corrected.

Some jurisdictions do not allow the exclusion of implied warranties, so some of this may not apply to you.

8. Limitation of liability

To the fullest extent the law allows, Aptora is not liable for any indirect, incidental, consequential, special, exemplary or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or relating to the Software or your inability to use it, on any theory of liability, even if advised of the possibility.

Aptora’s total liability under this agreement is limited to the amount paid to Aptora for the Software licence covering you in the twelve months before the event giving rise to the claim. Where nothing was paid, that amount is zero to the extent the law allows.

Aptora is not liable for employment disputes, payroll calculations, tax treatment, pricing decisions or anything else that is the business’s to decide.

9. Termination

This agreement ends automatically if you breach it, if your authorization from the business ends, or if the business’s licence ends. Aptora may also terminate it where necessary for security or to comply with the law. On termination you must stop using the Software and remove it from your devices. Sections 3, 7, 8, 10, 11 and 12 survive.

10. Export and sanctions

You may not use or export the Software except as United States law and the law of the place where you obtained it permit. You confirm you are not located in, and are not a national or resident of, a country subject to a United States embargo or designated by the United States government as supporting terrorism, and that you are not on any United States government list of prohibited or restricted parties.

11. United States government users

The Software is commercial computer software and commercial computer software documentation as those terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202. A United States government end user acquires only the rights set out in this agreement.

12. App store terms

Where you obtained the Software from a third-party app store, that store’s terms also apply and you agree you have complied with them.

Apple. Where the Software was obtained from the Apple App Store, this agreement is between you and Aptora only, not with Apple, and Aptora alone is responsible for the Software and its content. Apple has no obligation to provide maintenance or support. If the Software fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the maximum extent the law allows, Apple has no other warranty obligation and no liability for any claim, loss, cost or expense arising from a failure to conform to a warranty. Aptora, not Apple, is responsible for addressing any claim that the Software or your use of it infringes intellectual property rights, and for any product liability claim, any claim that the Software fails to meet a legal requirement, and any claim under consumer protection or similar law. You confirm the statements in section 10. Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.

Google. Where the Software was obtained from Google Play, Google is not a party to this agreement and has no responsibility for the Software.

13. General

This agreement is governed by the laws of the State of Kansas, without regard to its conflict of law rules, and nothing in it affects any right you have under the law of the place where you live that cannot be varied by agreement. If any provision is held unenforceable, the rest stays in force. Aptora’s failure to enforce a provision is not a waiver of it. This agreement, with the Terms of Use and the Privacy Notice, is the entire agreement between you and Aptora about the Software.

14. Contact

Aptora Corporation
8877 Bourgade Avenue
Lenexa, Kansas 66219
United States

Email: helpdesk@aptora.com
Phone: (913) 492-9930
Web: https://www.aptora.com