THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Level Access Inc. ("Level Access") STATING
THE TERMS
THAT GOVERN YOUR USE OF THE Level Access APPLICATION ("LICENSED APPLICATION"). THIS AGREEMENT,
TOGETHER
WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF Level Access'S RULES AND
POLICIES,
COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND Level Access. BY INSTALLING THE
LICENSED
APPLICATION YOU ARE INDICATING THAT YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO
THESE TERMS
DO NOT INSTALL OR USE THE APPLICATION. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS
PRESENTED TO
YOU. CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE.
The Licensed Application is licensed, not sold, to You for use only under the terms
of this
license, unless accompanies by a separate license agreement, in which case the terms
of that
separate license agreement will govern, subject to Your prior acceptance of that
separate
license agreement. The licensor (Level Access) reserves all rights not expressly granted to
You.
a. Scope of License: This license granted to You for the Licensed Application by Level Access
is limited to
a non-transferable license to use the Licensed Application on any Android device
that You own or
control. This license does not allow You to use the Licensed Application on any
Android device
that You do not own or control, and You may not distribute or make the Licensed
Application
available over a network where it could be used by multiple devices at the same
time. You may
not rent, lease, lend, sell, redistribute or sublicense the Licensed Application.
You may not
copy (except as expressly permitted by this license), decompile, reverse engineer,
disassemble,
attempt to derive the source code of, modify, or create derivative works of the
Licensed
Application, any updates, or any part thereof (except as and only to the extent any
foregoing
restriction is prohibited by applicable law or to the extent as may be permitted by
the
licensing terms governing use of any open sourced components included with the
Licensed
Application). Any attempt to do so is a violation of the rights of Level Access and its
licensors. If You
breach this restriction, You may be subject to prosecution and damages. The terms of
the license
will govern any upgrades provided by Level Access that replace and/or supplement the original
Product,
unless such upgrade is accompanied by a separate license in which case the terms of
that license
will govern.
b. Consent to Use of Data: You agree that Level Access may collect and use technical data and
related
information, including but not limited to technical information about Your device,
system and
application software, and peripherals, that is gathered periodically to facilitate
the provision
of software updates, product support and other services to You (if any) related to
the Licensed
Application. Level Access may use this information to improve its products or to provide
services or
technologies to You.
c. Termination. The license is effective until terminated by You or Level Access. Your rights
under this
license will terminate automatically without notice from Level Access if You fail to comply
with any
term(s) of this license. Upon termination of the license, You shall cease all use of
the
Licensed Application, and destroy all copies, full or partial, of the Licensed
Application.
d. Services; Third Party Materials. The Licensed Application may enable access to
Level Access's and third
party services and web sites (collectively and individually, "Services"). Use of the
Services
may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may
be deemed
offensive, indecent, or objectionable, which content may or may not be identified as
having
explicit language, and that the results of any search or entering of a particular
URL may
automatically and unintentionally generate links or references to objectionable
material.
Nevertheless, You agree to use the Services at Your sole risk and that Level Access shall not
have any
liability to You for content that may be found to be offensive, indecent, or
objectionable.
You agree that any Services contain proprietary content, information and material
that is
protected by applicable intellectual property and other laws, including but not
limited to
copyright, and that You will not use such proprietary content, information or
materials in any
way whatsoever except for permitted use of the Services. No portion of the Services
may be
reproduced in any form or by any means. You agree not to modify, rent, lease, loan,
sell,
distribute, or create derivative works based on the Services, in any manner, and You
shall not
exploit the Services in any unauthorized way whatsoever, including but not limited
to, by
trespass or burdening network capacity. You further agree not to use the Services in
any manner
to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the
rights of any
other party, and that the Application Provider is not in any way responsible for any
such use by
You, nor for any harassing, threatening, defamatory, offensive or illegal messages
or
transmissions that You may receive as a result of using any of the Services.
In addition, Level Access makes no representation that such Services and Materials are
appropriate or
available for use in any particular location. To the extent You choose to access
such Services
or Materials, You do so at Your own initiative and are responsible for compliance
with any
applicable laws, including but not limited to applicable local laws. Level Access, and its
licensors,
reserve the right to change, suspend, remove, or disable access to any Services at
any time
without notice. In no event will Level Access be liable for the removal of or disabling of
access to any
such Services. Level Access may also impose limits on the use of or access to certain
Services, in any
case and without notice or liability.
You understand that Level Access may offer integration its own and/or with third party Services
for your
convenience. Further, you understand that Level Access is not affiliated with or otherwise
sponsored by
these third party services. Level Access shall not be responsible for the contents of, updates
to, or
privacy practices of these third parties, which may differ from those of Level Access. The
personal data
you may choose to give to such third party Services are not covered by Level Access's privacy
policies.
Some third party companies may choose to share their personal data with Level Access, in which
case such
data sharing shall be governed by that third party's privacy policy. The personal
data you may
choose to give to Level Access by means of registering the Licensed Application with Level Access shall
be governed
by Level Access's privacy policy.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED
APPLICATION IS AT
YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND
EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED
APPLICATION
AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE
PROVIDED "AS
IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Level Access
HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND
ANY
SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED
WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS
FOR A
PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD
PARTY RIGHTS.
Level Access DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED
APPLICATION, THAT
THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED
APPLICATION WILL
MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES
WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES
WILL BE
CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Level Access OR ITS AUTHORIZED
REPRESENTATIVE
SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE
DEFECTIVE, YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS
DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY
RIGHTS OF A
CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Level Access
BE LIABLE
FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS
INTERRUPTION
OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR
INABILITY TO
USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT,
TORT OR OTHERWISE) AND EVEN IF Level Access HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF
INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Please direct any questions or comments to Level Access, Inc. in the form
of an email
(support@essentialaccessibility.com).
Last date of modification: June 30, 2016
Android Privacy Policy
We value your privacy and are dedicated to protecting your information and providing
you with
notice about our information collection and use practices and how you have a choice
to
opt-in/out of any marketing or promotional contact from us. You may choose to
register the
installed copy of the Licensed Application with Level Access by means provided in the Licensed
Application. By voluntarily sharing personally identifiable information by means of
registering
the Licensed Application, you agree to the following privacy policy.
We may place email links and or forms on our Website to allow you to contact us
directly. The
Personal Information you provide in these links and forms is used to respond
directly to your
questions or comments. We may also file your comments to improve our website,
products, or
process, or review and discard the Personal Information. All information, other than
the
Personal Information that you send to Level Access using these email links or forms, will not
be
considered or treated as confidential information. Do not send us any information,
ideas,
suggestions, proposals, or comments that you consider confidential or that you want
to be
treated as confidential.
Use of Your Personally Identifiable Information. We use Personal Information to
respond to your
inquiries, improve our marketing and promotional efforts, to analyze Licensed
Application and
service offers, and to customize our services and Licensed Application(s). We may
use Personal
Information to deliver information to you and to contact you regarding
administrative notices.
We may also use Personal Information to resolve disputes and troubleshoot problems.
We may use additional information not considered Personally Identifiable to analyze
and improve
troubleshooting techniques and responses, and to improve the value of Licensed
Application(s)
and services provided by Level Access or third parties.
If the email address you provide us is an email address that you access via a
wireless device,
you understand that your wireless carrier's standard rates apply to these messages,
and that you
may change your mind at any time and elect to not receive such messages. You also
represent that
you are the owner or authorized user of the wireless device on which the messages
may be
received, and that you understand and are authorized to approve the applicable
charges.
Required Disclosures. Level Access may disclose Personal Information if required to do so by
law or in the
good-faith belief that such action is necessary to prevent injury or property
damage. We will
usually attempt to notify you when we are making such a disclosure, but we may not
do so in an
emergency or when we are prohibited by law or court order from giving such notice.
Information Sharing and Third Party Service Partners. Level Access does not rent, sell, or
share personal
information about you with other people or non-affiliated companies without your
consent or
unless we have a good faith belief that access, use, preservation, or disclosure is
reasonably
necessary to (a) satisfy any law, regulation, legal process or enforceable
governmental request,
(b) enforce any applicable Terms of Service (including investigation of potential
violations
thereof), or (c) detect, prevent or otherwise address fraud, security, or technical
issues.
Level Access may provide services for the Licensed Application through contractual arrangements
with
affiliates, service providers, partners and other third parties ("Service
Partners"). Level Access and its
Service Partners use your Personal Information to operate and deliver their products
and
services. Unless otherwise agreed by you in a separate agreement, Level Access's Service
Partners may not
use your Personal Information to inform you of other products or services available
from those
Service Providers.
If Level Access becomes involved in a merger, acquisition, or any form of sale of some or all
of its
assets, we will ensure the confidentiality of any personal information involved in
such
transactions and provide reasonable notice before personal information is
transferred and
becomes subject to a different privacy policy. Such notice may be given by a clear
and concise
statement on Level Access's website or in a subsequent update to the Licensed Application that
there has
been an update to this Privacy Policy.
Links. The Licensed Application may include links to other applications or sites.
This Privacy
Policy applies to the Licensed Application only. Any information you submit to
linked sites or
other applications will be subject to the privacy policies of those sites or
applications, if
any. You should review those policies carefully before providing any information to
these linked
sites or applications.
Security. Level Access undertakes practical and reasonable steps to protect Personal
Information from
unauthorized or accidental access, disclosure, misuse or processing, or from
alteration,
destruction, or loss. Personal Information that we collect resides on servers
operated by Level Access and
is accessible only to personnel who, by virtue of their duties, are required to have
access and
have been trained in, and tasked with, the observance of the principles embodied in
this Privacy
Policy.
Enforcement. If you have any questions or complaints regarding how your Personal
Information is
treated under this Policy or generally about the implementation of the principles of
this
policy, we encourage you to contact support@essentialaccessibility.com
Changes to Privacy Policy. Should we decide to change this Privacy Policy, we will
update it with
the release or update of the Licensed Application on Android Market so that you will
always know
what Personal Information we gather, how we might use it, and whether we will
disclose it to
anyone.
Last date of modification: June 30, 2016
