End User License Agreement
IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between You (either an individual, a single entity, a customer or Reseller) and OneHope Coalition of Transformational Churches a Florida nonprofit corporation, having its principal place of business at 600 SW 3rd Street, Pompano Beach, FL 33060, USA (“OneHope”) for the Licensed Products that accompanies this EULA. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY ACCESSING OR USING THE LICENSED PRODUCT. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE LICENSED PRODUCT.
1.1. “Authorized Users” shall mean users, with a unique username and password, which are authorized by OneHope to use the Licensed Products.
1.2. “Improvements” shall mean any enhancement, Updates, localizations, modification or other improvement of the Licensed Products created, developed, invented and/or reduced to practice by or for OneHope.
1.3. “Licensed Products” shall mean the educational online application, created originally by OneHope and its licensors, to promote knowledge and values of the Bible as well as other learning skills for children ages 4 to 9, for the Christian market, the current version of which is available at www.bibleislands.com or at the Apple iTunes store (https://itunes.apple.com/us/app/id574284136 ); including, but not limited to, any and all web sites, Improvements, Updates, associated documents, derivative works and all modifications in connection thereto together with OneHope licensors’ applications, OneHope Applications, OneHope Derivative Software and Mobile Applications.
1.4. “Mobile Application” shall mean any and all versions of the Licensed Products or Improvements created for any mobile platforms.
1.5. “OneHope Derivative Products” shall mean any ideas, concepts, know-how, techniques, inventions, discoveries or improvements (and associated goodwill), excluding OneHope Derivative Software, developed or otherwise acquired by OneHope which are a modification of, enhancement to, derived from or based upon elements of the Licensed Products.
1.6. “OneHope Derivative Software” shall mean computer programs in machine readable object code or source code form developed or otherwise acquired by OneHope which are a modification of, enhancement to, derived from or based upon elements of the Licensed Products. OneHope Derivative Software shall also exclude OneHope Derivative Products and Mobile Applications.
1.7. “Updates” shall mean versions of the Licensed Products, including version patches, subsequently released to the public for the purpose of correcting errors and fixing the Licensed Products’ bugs.
1.8. “Reseller” shall mean an entity that desires to resell the Licensed Products or provide the Licensed Products at no cost to Customers.
1.9. “Territory” shall mean worldwide.
2.1. Licensed Products are the property of OneHope and its licensors. Licensed Products are licensed, not sold. Title and copyrights to Licensed Products, in whole and in part and all copies thereof, and all Improvements or alterations of Licensed Products regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of OneHope and its licensors.
2.2. Licensed Products are protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in Licensed Products are the valuable and confidential trade secrets of OneHope and its licensors and are protected by intellectual property laws and treaties. You agree to abide by the copyright laws and all other applicable laws of the United States including, but not limited to, export control laws.
2.3. OneHope reserves all rights not expressly granted to You in this EULA.
3. GRANT OF LICENSE
3.1. Subject to your payment of the applicable fees, and further subject to your acceptance of this EULA, OneHope hereby grants You a personal limited, non-exclusive, non-transferrable, revocable license to use the Licensed Products or provide the Licensed Products to customers subject to the terms and conditions set forth in this EULA.
3.2. The EULA is effective when You access or use the Licensed Products and and the license granted to You shall remain in force until You stop using the Licensed Products or until OneHope terminates the EULA.
4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
4.1. USER ELIGIBILITY
4.1.3. If You are under the age of 18 or the applicable legal age in your jurisdiction, You can use the Licensed Products only in conjunction with your guardian’s supervision. The Licensed Products permits the use of various tools including text editors, uploading files and pictures. OneHope and its licensors will make best efforts to assess any possible risks for the Licensed Products users in that respect. OneHope and its licensors are, however, under no obligation to oversee, monitor or moderate any interactive service that they provide on their servers or through the internet, and OneHope and its licensors expressly exclude it’s liability for any loss or damage arising from the use of any interactive service by the user. In the case of a minor, the responsibility for any use of the Licensed Products is solely that of the parent or legal guardian.
4.2. PROHIBITED USE
4.2.1. You may not use the Licensed Products for any purpose that is unlawful or prohibited by applicable law including applicable local export and re-export control laws or the terms and conditions provided herein or in any other manner that could damage, disable, overburden or otherwise impair any functionality of the Licensed Products server or the network(s) connected to any other equipment used by the Licensed Products, or interfere with any other person’s use and enjoyment of Licensed Products.
4.2.2. You may not attempt to gain unauthorized access to the Licensed Products, or the computer systems or networks connected to any of Licensed Product’s servers through any means.
4.2.3. You may not obtain any materials or information through any means not intentionally made available to You by OneHope and its licensors. The Licensed Products may contain links to third party websites. OneHope and its licensors are not responsible in any manner for the content of such websites and, moreover, make no recommendation or endorsement as to such websites or the products or services offered thereon.
5. USER ACCOUNTS
5.1. Some functions of the Licensed Products, may require You to register a unique user identification (“User ID”) and password, and providing certain information about yourself. You agree to provide accurate, current, and complete information about yourself as prompted, and to maintain and promptly update the information to ensure that it remains accurate, current, and complete. If You provide any information that OneHope and its licensors believe to be inaccurate, not current, or incomplete, or if You select a User ID that OneHope and its licensors, in their sole discretion, finds offensive or inappropriate, OneHope and its licensors reserve the right to suspend or terminate your account and refuse any and all current or future use of the Licensed Products.
5.2. You agree to (a) keep your password confidential and to log-in only with your User ID and password, and ensure that others may not access any members-only or password-protected portions of the Licensed Products using your account and/or identity (b) ensure that You exit from your account at the end of each session, and (c) immediately notify OneHope and its licensors of any unauthorized use of your User ID and/or password. You are fully responsible for all activities that occur under your User ID. OneHope and its licensors will not be liable for any loss or damage arising from your failure to comply with this section. OneHope and its licensors use systems and procedures to accomplish data protection. Nevertheless OneHope and its licensors cannot guaranty complete security protection. Therefore, OneHope and its licensors does not guaranty that the information, the data and the services on the Licensed Products will be absolutely resistant from unauthorized access.
6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
6.1. You may not reverse engineer, decompile, disassemble modify, translate, make any attempt to discover the source code or create derivation works for the Licensed Product
7. CONSENT TO USE OF DATA.
7.1. USE OF EMAIL ADDRESS
7.1.1. Some functions of The Licensed Products, may require You to provide your email address. The Licensed Products may use your email address to communicate with You regarding the Licensed Products. OneHope and its licensors may also use your email information to solicit feedback from You or alert You to new features in the Licensed Products that OneHope and its licensors think may be of interest. You will always have the option to opt out of such communications.
7.1.2. your email address and other contact information are not used for any other purposes than those related to the Licensed Products. OneHope and its licensors may utilize an external service for sending and tracking email communications and unsubscribe requests. These third parties may not share or use your email address for any other purpose.
7.2. THIRD PARTY LINKS
7.2.1. The Licensed Products may contain links to third party websites. OneHope and its licensors are not responsible in any manner for the content of such websites and, moreover, make no recommendation or endorsement as to such websites or the products or services offered thereon.
7.3.1. OneHope and its licensors may place cookies on your computer to retain your individual preferences and improve your user experience with the Licensed Products, as well as to tell OneHope and its licensors what features of the Licensed Products are most popular.
8. EXPORT RESTRICTIONS.
8.1. You acknowledge that the Licensed Products may be subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
9.1. Without prejudice to any other rights, OneHope may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, your Authorized User account will be deactivated and You must stop using the Licensed Products.
10. DISCLAIMER OF WARRANTIES
10.1. OneHope and its licensors provide the Licensed Products AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Licensed Products, and the provision of or failure to provide support or other services, information, software, and related content through the Licensed Products or otherwise arising out of the use of the Licensed Products. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE LICENSED PRODUCT.
11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONEHOPE AND ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE LICENSED PRODUCT. THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE LICENSED PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE LICENSED PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ONEHOPE AND ITS LICENSORS, AND EVEN IF ONEHOPE AND ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. LIMITATION OF LIABILITY AND REMEDIES.
12.1. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF ONEHOPE AND ITS LICENSORS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY ONEHOPE WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE LICENSED PRODUCT UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSED PRODUCT OR $5.00 U.S. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
13. APPLICABLE LAW.
13.1. This EULA is governed by the laws of the State of Florida, United States of America.
14. ENTIRE AGREEMENT; SEVERABILITY
14.1. This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between You and OneHope relating to the Licensed Products and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Licensed Products or any other subject matter covered by this EULA.
14.2. To the extent the terms of any OneHope policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.