These license terms are an agreement between Rigil Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the PicioTM app, the http://picioapp.com website, and associated web services. The terms also apply to any:
- Internet-based services
- Support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, UNINSTALL IT FROM YOUR DEVICE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. a. Installation and Use. You may install and use the software on an iOS-based device that you own or control for non-commercial purposes.
b. Services. Except as otherwise specified in this agreement, your use of any Internet-based services associated with the software is subject to the Rigil Service Agreement at http://www.picioapp.com/terms_of_service
2. INTERNET-BASED SERVICES. Rigil provides Internet-based services with the software. It may change or cancel them at any time.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Rigil reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
- work around any technical limitations in the software;
- reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
- make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
- publish the software for others to copy;
- rent, lease or lend the software;
- transfer the software or this agreement to any third party; or
- use the software for commercial software hosting services.
4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
6. TRANSFER TO ANOTHER DEVICE. You may uninstall the software and install it on another device for your use. You may not do so to share this license between devices.
7. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
8. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
9. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
10. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Commonwealth of Virginia state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
11. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
12. THIRD PARTY BENEFICIARY. You agree that Apple and its subsidiaries are third party beneficiaries of this agreement, and Apple has the right to enforce this agreement.
13. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. IF DESIRED, YOU MAY NOTIFY APPLE FOR A REFUND OF THE PURCHASE PRICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER. RIGIL GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, RIGIL EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM APPLE, RIGIL AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to:
- anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
- repair, replacement or a refund for the software does not fully compensate you for any losses; or
- Rigil or Apple knew or should have known about the possibility of the damages.
It also applies even if:
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.