I’M
ALRIGHT END USER LICENSE AGREEMENT
Last updated
October 31, 2022
I’m
Alright is licensed
to You (End-User) by Goode Systems, located and registered at 15707 S Rock Creek
Rd, Shawnee, Oklahoma, 74801, United States of America (“Licensor”) for
use only under the terms of the License Agreement.
By
downloading the Licensed Application from Google’s software distribution system
(“Play Store”), and any update thereto (as permitted by the License
Agreement). You indicate that You agree
to be bound by all the terms and conditions of this License Agreement. Play Store is referred to in the License Agreement
as “Services”.
The parties
of this License Agreement may not provide for usage rules for the Licensed
Application that are in conflict with the latest
Google Play Terms of Service (“Usage Rules”). Goode Systems acknowledges that it had the
opportunity to review the Usage Rules and this License Agreement is not
conflicting with them.
I’m
Alright when
purchased or downloaded through the Services, is licensed to You for use
only under the terms of this License Agreement.
The Licensor reserves all rights not expressly granted to You. I’m Alright is to be used on devices
that operate with Google’s operating system (“Android”)
TABLE OF
CONTENTS
THIRD PART TERMS OF AGREEMENT AND
BENEFICIARY
I’m Alright
(“Licensed Application”) is a software application created to provide a
smartphone assisted means of detecting and communicating the potential need for
personal assistance – and customized for Android mobile devices
(“Devices”). It is used to provide
continuous automated activity monitoring and to notify specified contacts if an
unusual period of physical inactivity is detected.
The Licensed
Application is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.
If your interactions would be subjected to such laws, you may not use
this Licensed Application. You may not
use the Licensed Application in a way that would violate the Gramm-Leach-Bailey
Act (GLBA).
2.
SCOPE OF LICENSE AND USAGE RULES
2.1
You
are given a non-transferable, non-exclusive, non-sublicensable license to
install and use the Licensed Application on a single Device that You (End-User)
own or control and as permitted by the Usage Rules.
2.2
This
license will also govern any updates of the Licensed Application provided by Licensor
that replace, repair, and/or supplement the first Licensed Application, unless
a separate license is provided for such update, in which case the terms of that
new license will govern.
2.3
You
may not share or make the Licensed Application available to third parties
(unless to the degree allowed by the Usage Rules, and with Goode Systems’ prior
written consent), sell, rent, lend, lease or otherwise
redistribute the Licensed Application.
2.4
You
may not reverse engineer, translate, disassemble, integrate, decompile, remove,
modify, combine, create derivative works or updates of, adapt, or attempt to
derive the source code of the Licensed Application, or any part thereof (except
with Goode Systems’ prior written consent).
2.5
You
may not copy (excluding when expressly authorized by this license and the Usage
Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on
devices that You own or control for backup keeping under the terms of this
license, the Usage Rules, and any other terms and conditions that apply to the
device or software used. You may not
remove any intellectual property notices.
You acknowledge that no unauthorized third parties may gain access to
these copies at any time. If you sell
your Device to a third party, you must remove the Licensed Application from the
Device before doing so.
2.6
Violations
of the obligations mentioned above, as well as the attempt of such
infringement, may be subject to prosecution and damages.
2.7
Licensor
reserves the right to modify the terms and conditions of licensing.
3.1
You
acknowledge that it is Your responsibility to confirm and determine that the
app end-user device on which You intend to use the Licensed Application
satisfies the technical specifications mentioned above.
3.2
Licensor
reserves the right to modify the technical specifications as it sees
appropriate at any time.
4.1
Goode
Systems is not obligated, expressed or implied, to
provide any maintenance support for the Licensed Application.
4.2
Goode
Systems and the End-User acknowledge that the Services have no obligation
whatsoever to furnish any maintenance and support services with respect to the
Licensed Application.
5.
USER GENERATED CONTRIBUTIONS
5.1 The Licensed Application does not
offer users the capability to submit or post content.
5.2
If
you submit suggestions or other feedback regarding the Licensed Application,
you agree that we can use such feedback for any purpose without compensation to
you.
6.1
Licensor
takes no accountability or responsibility for any damages caused due to a break
of duties according to Section 2 of the License Agreement. To avoid data loss, You
are required to make use of backup function of your host platform to the extent
allowed by Section 2. You are aware that
in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
6.2
While
the Licensed Application may provide added ability to detect the need for
personal assistance, it is not, nor is it intended to be a substitute for
active emergency alert call devices and regular communication with family and
friends. It is possible that the
Licensed Application can stop functioning for a variety of reasons including
hardware malfunction, software errors, and device operating system
interventions. Licensor takes no
accountability or responsibility for the suitability of use by any individual
or organization.
7.1
No
warranty is provided for the Licensed Application, that is not executable on the
device that has unauthorizedly modified, handled inappropriately, or culpably,
combined or installed with inappropriate hardware or software, used with
inappropriate accessors, regardless if by Yourself or
by third parties, or if there are any other reasons outside of Goode Systems
sphere of influence that affect the executability of the Licensed Application.
7.2
Returns
and refunds for Licensed Application are handled in accordance with Google
Plays’ standard policies for product returns.
8.1
You
represent and warrant that You are not located in a country that is subject to
a US Government embargo or that has been designated by the US Government as a
“terrorist supporting” country, and that You are not listed on any US Government
list of prohibited or restricted parties.
For general
inquires, complaints, or questions concerning the Licensed Application, please
contact
W. Goode
15707 S Rock Creek Rd
Shawnee, OK 74801
United States
The license is valid until terminated by Goode Systems or
You. Your rights under this license will
terminate automatically and without notice from Goode Systems if You fail to
adhere to any term(s) of this license.
Upon License termination, You shall stop all
use of the Licensed Application, and destroy all copies, full or partial, of
the Licensed Application.
11. THIRD-PARTY TERMS OF AGREEMENTS AND
BENEFICIARY
Goode Systems represents and warrants that Goode Systems will
comply with applicable third-party terms of agreement when using Licensed
Application.
In accordance with Section 9 of the “instructions for Minimum
Terms of Developer’s End-User License Agreement”, Google’s subsidiaries shall
be third-party beneficiaries of this End User License Agreement and – upon Your
acceptance of the terms and conditions of this License Agreement, Google will
have the right (and will be deemed to have accepted the right) to enforce the
End User Agreement against You as a third party
beneficiary thereof.
This License Agreement is governed by the laws of the State
of Oklahoma excluding its conflicts of law rules.