End User License Agreement for HEY! Software (EULA)
IMPORTANT. READ CAREFULLY:
This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and CRAMBO, S.A. a Spanish company, whose registered offices are located in Avda. Sol 11, 28850 Torrejon de Ardoz, Madrid, for the license of the software HEY!, whether pre-installed or downloaded, owned by CRAMBO and its affiliated companies and its third party suppliers and licensors, that accompanies this EULA, which includes the software and may include associated media, content and data, printed materials, or electronic documentation (“HEY! Software”) for its use with electronic devices manufactured by CRAMBO, such as computers, tablets, USB and other electronic devices marketed under the trademark “HEY! TECH®” (“HEY! Electronic Devices”).
By using this HEY! Electronic Device you accept the terms of this EULA. If you do not accept these terms, do not use the HEY! Electronic Device or the HEY! Software.
- GRANT OF LICENSE.
CRAMBO grants you a limited non-exclusive license to install, use, access and run one copy of the HEY! Software on a single HEY! Electronic Device, local hard disk(s) or other permanent storage media of one computer and you may not make HEY! Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the HEY! Software in machine readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
- RESERVATION OF RIGHTS AND OWNERSHIP.
CRAMBO reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. CRAMBO or its suppliers own the title, copyright and other intellectual property rights in the Software. The Software is licensed, not sold.
- LIMITATIONS ON END USER RIGHTS.
You may not, nor enable others to, copy, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of, the Software (except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation), or modify, or disable any features of, the Software, or create derivative works based on the Software. You may not rent, lease, lend, sublicense or provide commercial services with the Software. You may not transfer this EULA or the rights to the HEY! Software granted herein to any third party.
- HEY! SOFTWARE UPDATES.
CRAMBO may make available to you updates, upgrades, supplements and add-on components (if any) of the HEY! Software, including bug fixes, service upgrades (parts or whole), and updates, enhancements and feature improvements or deletion to any HEY! Software (including entirely new versions), (collectively “Update”) after the date you obtain your initial copy of the HEY! Software. This EULA applies to all and any component of the Update, unless we provide other terms along with such Update. To use HEY! Software provided through Update, you must first be licensed for the HEY! Software identified by CRAMBO as eligible for the Update.While the Update will be generally available, in some limited circumstances, the HEY! Software updates will only be offered by your network carrier, and such HEY! Software updates will be governed by your contractual relationship with your network carrier.Your device may download certain Updates automatically from time to time through Wi-Fi or other network connection. You may change the settings in your device to manually download the Updates; however, given the importance of receiving Updates for security software in a timely manner, and to resolve critical problems reported to CRAMBO, and to defend against new threats and vulnerabilities, these Updates may be automatically downloaded and installed. We recommend you to check availability of any new Updates periodically for optimal use of your device.
- CONSENT TO USE OF DATA.
(b) To provide updates to the HEY! Software, you agree that CRAMBO and its affiliates may collect and use technical information gathered as part of the product support services related to the Software provided to you, if any, such as IMEI (your device’s unique identification number), device number, model name, customer code, access recording, your device’s current software version, MCC (Electronic Country Code), MNC (Electronic Network Code), times of use of the application, tipes of program used, feedback used .CRAMBO may use this information to improve their products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
- INTERNET ACCESS.
Some features of the HEY! Software may require your device to access the Internet and may be subject to restrictions imposed by your network or Internet provider. Unless your device is connected to the Internet through Wi-Fi connection, the HEY! Software will access the internet through your Electronic network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the HEY! Software may be affected by the suitability and performance of your device hardware or data access. (The automatic updates feature downloads any updates only through an active Wi-Fi connection).
- EXPORT RESTRICTIONS.
You acknowledge that the HEY! Software is subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to the HEY! Software, including all the applicable export restriction laws and regulations.
This EULA is effective until terminated. Your rights under this License will terminate automatically without notice from HEY! if you fail to comply with any of the terms and conditions of this EULA. Upon termination of this EULA, you must cease all use of the HEY! Software and destroy all copies, full or partial, of the HEY! Software. Section 5, 9,10,13,15, and 16 of this EULA shall survive any such termination.
- DISCLAIMER OF WARRANTY.
UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY ACCOMPANYING YOUR DEVICE, ALL HEY! SOFTWARE PROVIDED BY CRAMBO WITH THIS ELECTRONIC DEVICE ( WHETHER INCLUDED WITH THE DEVICE, DOWNLOADED, OR OTHERWISE OBTAINED) IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM CRAMBO, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, CRAMBO DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CRAMBO OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY CRAMBO OF WARRANTY REGARDING HEY! SOFTWARE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM CRAMBO.YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE HEY! SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE HEY! SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. CRAMBO DOES NOT GUARANTEE OR WARRANT THAT ANY INFORMATION, DATA OR CONTENT YOU MAY TRANSFER, STORE OR ACCESS THROUGH USE OF THE HEY! SOFTWARE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL, AND CRAMBO SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. IT IS SOLELY YOUR RESPONSIBILITY TO MAINTAIN APPROPRIATE ALTERNATE BACKUP OF YOUR INFORMATION AND DATA.
- THIRD-PARTY APPLICATIONS.
- HEY! SERVICES.
Certain CRAMBO applications and services may be included with, or downloaded to, your HEY! Electronic Device. The HEY! Software may enable access to HEY! Apps or other HEY! and third party services and web sites (collectively and individually, “Services”). Some such Services and applications may not be available in all languages or in all countries. Many of them may require HEY! Services membership registration and your rights and obligations will be set forth in separate HEY! terms and conditions.
- DIGITAL CERTIFICATE.
You acknowledge and agree that you are solely responsible for your decision to rely on a digital certificate issued by either HEY! or a third party and your use of such certificate. HEY! makes no express or implied warranties or representations as to merchantability or fitness for any particular purpose, accuracy, security, or non-infringement of third party rights with respect to digital certificates.
- LIMITATION OF LIABILITY.
CRAMBO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE HEY! SOFTWARE OR ANY THIRD PARTY APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF CRAMBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, CRAMBO’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE HEY! SOFTWARE OR THIRD PARTY APPLICATIONS ON THIS ELECTRONIC DEVICE, OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY FOR THIS ELECTRONIC DEVICE OR ANY SUCH THIRD PARTY APPLICATION THAT WAS INCLUDED WITH THIS ELECTRONIC DEVICE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS (INCLUDING SECTIONS 10, 11, 12 AND 13) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.IN PARTICULAR, CRAMBO WILL NOT BE LIABLE FOR THE INABILITY TO USE THE HEY! SOFTWARE OR ANY FUNCIONALITY OF THE HEY! SOFTWARE DUE TO A CHANGE OF THE OPERATIVE SYSTEM OR DUE TO MODIFICATIONS BROUGHT IN BY ANY UPDATE OF ANY GIVEN OPERATIVE SYSTEM.
- APPLICABLE LAW.
This EULA shall be governed by and interpreted in accordance with the laws of Spain without reference to its conflict of law provisions. This EULA shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. CRAMBO may apply for injunctive remedies (or an equivalent form of urgent legal relief) in any jurisdiction.
The Courts of the city of Madrid shall have exclusive jurisdiction over all disputes arising out of or relating to this Agreement or its subject matter with express waiver by the parties of their own forum.
- ENTIRE AGREEMENT; SEVERABILITY.
This EULA is the entire agreement between you and CRAMBO relating to the HEY! Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the HEY! Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.