Please read this end user license agreement (“EULA”) very carefully. By accessing or using https://www.excelsiorcreative.com/vaccine-warriors (the “Site”) and/or downloading/installing the Vaccine Warriors (“Software”), you are agreeing to the terms of this EULA. If you do not agree to the terms of this EULA, you must not access, download, install or use the Software.
This End User License Agreement (“EULA”) is a legally binding agreement between you (“User”) and Excelsior Creative LLC (“Company”), the owner and operator of the mobile app Software, Vaccine Warriors (“Software”). By downloading, installing, or using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not download, install, or use the Software.
- Grant of License
Subject to the terms and conditions of this EULA, Company grants you a non-exclusive, non-transferable, non-sublicensable, limited license to install and use the Software on a compatible mobile device owned or controlled by you, for your personal, non-commercial use. You may not use the Software for any other purpose, including, but not limited to, commercial purposes, without the express written permission of the Company.
You may not:
- copy, modify, or create derivative works of the Software;
- distribute, transfer, sublicense, or rent the Software;
- reverse engineer, decompile, or disassemble the Software;
- use the Software for any illegal or unauthorized purpose; or
- use the Software in a way that could damage, disable, overburden, or impair the Software or interfere with any other party’s use and enjoyment of the Software.
- Governing Law
This EULA will be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws provisions.
- Entire Agreement
This EULA constitutes the entire agreement between you and Company with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
The Software may be uninstalled from Add/Remove Programs features of the device. From thereon, please follow the uninstallation instructions provided. If you encounter difficulties removing the Software, please contact us at [email protected].
- Automatic Updates
Our Software are updated periodically. The Company in its sole discretion may or may not update the Software, but has no obligation to provide you with any updates. We reserve the right to add, change or to discontinue any part of our Software in any way, solely in our discretion. Due to the rapidly evolving nature of the Internet and continuous improvements to our Software, we reserve the right to make changes to this EULA. Please check this page periodically for changes. Any such modification constitutes a successor EULA, and therefore, continued use of the Software indicates your acceptance of such modified EULA. If you do not accept any such successor EULAs you must uninstall the Software from your device. Failure to uninstall the Software or your continued use of the Site constitutes acceptance of the modified EULA.
You may terminate this EULA at any time by uninstalling the Software and ceasing your use of the Software. This EULA is terminated automatically if you do not comply with all of the terms and conditions of the EULA. The Company may terminate this EULA at any time, for any reason, without notice. Upon termination, you must immediately cease all use of the Software.
If any provision of this EULA is held to be invalid or unenforceable, such provision will be struck from this EULA and the remaining provisions will remain in full force and effect.
No waiver of any provision of this EULA will be effective unless in writing and signed by both parties.
- Additional Terms
You are not allowed to make any changes or ask others to make changes to the Software, including reverse engineering or decompiling the Software, or modifying it an any way or disassembling Software. Any modification to the Software shall remain the exclusive property of the Company. The Company may in its sole discretion and for any reason discontinue your right to access and use of the Software. Without prejudice to any other rights, we reserve the right immediately to terminate this EULA in the event you violate any terms of this EULA, and to investigate and cooperate with our appropriate legal authorities regarding any illegal or unauthorized actives involving your use of the Software or this EULA.
- Resolution through Arbitration
Any claims and/or disputes arising out of or related to this EULA, the Software and/or any services or products acquired under or relating to this EULA shall be exclusively resolved through binding arbitration. Such arbitration shall be subject to the Federal Arbitration Act and the rules of the American Arbitration Association, which shall govern such arbitration and be conducted before a single arbitrator in California. No claimants shall have their claims/disputes resolved on a class basis and accordingly, class action or join our respective claims in arbitration by or against other user or arbitrate any claims as a member of a class or in a private capacity. Both parties shall share the costs of the arbitration and the us of the arbitrator. Except for the cost of the arbitrator, each party shall bear its own costs (including respective attorneys fee). Any notice rendered in arbitration shall be final and binding, and may be enforced in any court having competent jurisdiction. In addition to any other available remedies, we shall have the right to seek injunctive relief to protect our intellectual property rights to our Software.
All notices and other communications hereunder will be in email to [email protected]
The laws of the State of California shall govern the interpretation and performance of this EULA, without regard to any conflicts of law provisions. The exclusive jurisdiction for all claims or causes of actions based on this EULA or arising from the use of the Software shall be in the State of California. This EULA constitutes the entire agreement under which the Company allows you to use the Software. If there are any clauses or provisions in this EULA which may now or in the future be held to be illegal, unenforceable or invalid, only those specific terms shall be deemed unenforceable and the remainder of the EULA shall remain in full force and effect. In addition to any other limitations which may be set forth herein, the Company shall not be responsible for events which are out of the control of the Company and which negatively impact the performance or use of the Software, such as acts by governmental authorities, acts of God or other acts no within the reasonable control of the Company.