Eula
END USER LICENSE AGREEMENT
By using the App (“EVA”) that is embedded on the Vape product (“App”) or checking a box or clicking a button confirming your agreement to these terms, you agree to the terms of this End User License Agreement (“EULA”) between you and Vapewitheva (“Vapewitheva” “we” or “us”). Vapewitheva products belongs to L&V Solution, LLC at 3502 Angelucci Street #310, San Diego, CA 92111.
PLEASE DO NOT MAKE USE OF THIS PRODUCT APP IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA. BY MAKING USE OF THE APP, YOU AUTOMATICALLY AGREE TO THE TERMS OF THIS EULA.
This EULA governs your access and use of the App. This EULA gives you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this EULA will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of this EULA may not apply to you.
THIS IS A LEGAL AGREEMENT. BY ACCESSING AND USING THE APP, YOU ARE ACCEPTING AND AGREEING TO THIS EULA ON BEHALF OF YOURSELF. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE APP AND TO ENTER INTO THIS EULA. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE APP.
AS DESCRIBED HEREIN THIS AGREEMENT, WE HAVE INCORPORATED IMPORTANT LIMITATIONS OF THE APP AND RELATED SERVICES, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.
1. License
The Software is licensed and not sold. Subject to the terms and conditions contained herein, Vapewitheva grants to you a limited, non-exclusive, non-sublicensable, transferable in accordance with these terms, royalty-free license under its intellectual property rights to use the Software in executable form solely for your personal use and only with the Vapewitheva product for which you downloaded the App.
2. Restrictions
You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the App or make the App available to any third party, (b) copy or use the App for any purpose other than as permitted herein these terms, (c) use any portion of the App on any device or computer other than the specified device types, (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the App, (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App or Product (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact Vapewitheva and provide Vapewitheva an opportunity to create such changes as are needed for interoperability purposes).
3. Software Updates
The App may cause the Product to communicate with the Vapewitheva’s servers to deliver the functionality and certain features to the app in order to keep the app running smoothly. Vapewitheva may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve or otherwise modify the performance of the App and related services (“Updates”). These Updates may affect or erase data on your Product or change or reset settings on your Product. These Updates may be installed on the platform of App Store or Google play or the other platforms by providing additional notice and receiving your additional consent if you have connected your Product to the Internet.
4. Ownership
The App and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Vapewitheva and its licensors. Vapewitheva and its licensors reserve all rights in and to the App not expressly granted to you in this EULA. The App (and all copies thereof) is licensed to you, not sold, under this EULA. There are no implied licenses in this EULA. All suggestions or feedback provided by you to Vapewitheva with respect to the App shall be Vapewitheva’s property. Vapewitheva may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Vapewitheva does not waive any rights to use similar or related ideas previously known to Vapewitheva, developed by its employees, or obtained from other sources.
5. Term and Termination
This EULA and the license granted hereunder are effective on the date you first use the App or Product and shall continue for as long as you own the Product, unless this EULA is terminated under this section. Vapewitheva may terminate this EULA at any time if you fail to comply with any term(s) hereof. Upon termination of this EULA, the license granted hereunder will terminate and you must stop all use of the App.
6. Disclaimer of warranties
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VAPEWITHEVA PROVIDES THE APP TO YOU “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INTERFERENCE, SECURITY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. VAPEWITHEVA DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE APP AND THE ASSOCIATED PRODUCT. VAPEWITHEVA MAKES NO WARRANTY THAT THE APP WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
YOU USE ALL PRODUCT INFORMATION AS MADE AVAILABLE HEREIN THIS AGREEMENT, THE APP, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND VAPEWITHEVA DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR PHONE DUE TO WRONGFUL USE OF PRODUCT ON A WRONG USB PLUG TYPE, SYSTEM, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS RESULTING FROM YOUR USE OF THE PRODUCT.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Nothing in this EULA and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) VAPEWITHEVA, ITS AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, (COLLECTIVELY, THE “VAPEWITHEVA PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR APP, EVEN IF VAPEWITHEVA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) VAPEWITHEVA’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND APP, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO VAPEWITHEVA OR VAPEWITHEVA’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. VAPEWITHEVA DISCLAIMS ALL LIABILITY OF ANY KIND OF VAPEWITHEVA ’S LICENSORS AND SUPPLIERS.
8. General
This Agreement contains the entire understanding between the parties with respect to your use of the App. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.
This Agreement is governed by and construed under the laws of the State of California and controlling U.S. federal law without regard to conflicts of laws provisions thereof.
Any action or proceeding arising from or relating to this Agreement shall be adjudicated in the state or federal courts of San Diego, California, and the parties hereby agree to the exclusive jurisdiction and venue of such courts.
Any waivers or amendments of this Agreement shall be effective only if made in writing and signed by an authorized representative of each party.
If you have any questions concerning this Agreement, contact us via [email protected].
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