Terms & Conditions

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END-USER LICENSE AGREEMENT

PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE (AS DEFINED BELOW)   THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND iGENAPPS INC.

iGenApps Inc. is willing to grant You a limited license to use the Software (as defined below) to develop Applications (as defined below) for webkit and html5 enabled browsers in accordance with the terms and conditions set forth in this Agreement.

 

Applications developed under this Agreement can be distributed only through Webkit enabled browsers such as Safari and Chrome or HTML5 browsers such as Internet Explorer 10.   If You would like to distribute Applications using other methods, such as App Store (as defined below) or sell Applications created with the Software, you will need to compile the created Application into a native format and submit by yourself to any App Store that you desire.

 

1. ACCEPTING THIS AGREEMENT DEFINITIONS

 

1.1 Acceptance

In order to use the Software and related services, You must first agree to this License Agreement.   If You do not or cannot agree to this License Agreement, You are not permitted to use the Software and related services provided by iGenApps Inc.   Do not download or use the Software or any related services in that case. You accept and agree to the terms of this License Agreement on Your own behalf and/or on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government as its authorized legal representative, by downloading and installing the Software.

 

1.2 Definitions

Whenever capitalized in this Agreement:

- "Agreement" means this Terms and Conditions License Agreement, including any attachments, and any exhibits thereto, which are hereby incorporated by this reference.

- "App Store" or "App Market" means any electronic store for selling mobile device Applications.

- "Apple" means Apple Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, California 95014, U.S.A

- "Google" means Google Inc., a California corporation with its principal place of business at 1600 Amphitheatre Parkway, Mountain View, California 94043, U.S.A.

- "Android" means Google's operating system for mobile and portable devices.

- "iGenApps" means iGenApps Inc., a Delaware corporation with its principal place of business at 18 BARTOL STREET #1093, San Francisco, CA 94133 U.S.A. iGenApps Inc. is the owner of iGenApps™ all its products and services.

- Software means the mobile Application available for download and the connected cloud services for hosting apps, content and data.

- "Application" a web software program developed by You in compliance with the Kendo and GNU General Public License (GPL) v3, under Your own trademark or brand, and for specific use with an Webkit enabled devices or browsers.

- "Parties" refers to both You and iGenApps Inc.

- "Kendo" or "Kendo UI Mobile" means Telerik.

- "Authorized Developers" means that You, Your employees and contractors, members of Your organization or, if You are an educational institution, Your faculty and staff who use the Software from any preinstalled device in order to develop and test Applications.

- "Term" means the period for which You or any user will be served.

- "Updates" means bug fixes, updates, upgrades, modifications, enhancements, supplements, and new releases or versions of the Software, or to any part of the Software.

-"Windows" or "Windows Phone" means any of Microsoft operating systems.

- "You" and "Your" means and refers to the person(s) or legal entity (whether the company, organization, educational institution, or governmental agency, instrumentality, or department) using the Software or otherwise exercising rights under this Agreement. For the sake of clarity, You may authorize contractors to develop Applications on Your behalf, but any such Applications must comply with this agreement.

 

2. INTERNAL USER LICENSE AND RESTRICTIONS

 

2.1 Permitted Uses and Restrictions.  Subject to the terms and conditions of this Agreement, iGenApps Inc hereby grants You during the Term, a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable license to install a reasonable number of copies of the "my Apps" Software on iOS, Android or Windows devices owned or controlled by You, to be used internally by You or Your Authorized Developers for the sole purpose of developing or testing Applications, unless otherwise specified by iGenApps Inc.

 

2.2 Ownership.  iGenApps Inc retains all rights, title, and interest in the Software and any Updates it may make available to You under this Agreement. You agree to cooperate to maintain iGenApps Inc's ownership of the Software, and, to the extent that You become aware of any claims relating to the Software, You agree to use reasonable efforts to promptly provide notice of any such claims to iGenApps. The Parties acknowledge that this Agreement does not give iGenApps Inc any ownership interest in Your Applications.

 

2.3 No Other Permitted Uses.  Except as otherwise set forth in this Agreement, You agree not to rent, lease, lend, upload to or host on any website or server, sell, redistribute, or sublicense the Software or any services, in whole or in part, or to enable others to do so. You may not use the Software or any services provided hereunder for any purpose not expressly permitted by this Agreement. You may not and You agree not to, or to enable others to, copy (except as expressly permitted under this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt, or create derivative works of the Software or any services provided by the Software, or otherwise provided hereunder, 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 licensing terms governing use of open-sourced components or sample code included with the Software). You agree not to exploit any services provided hereunder in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity. Any attempt to do so is a violation of the rights of iGenApps Inc and for third parties. If You breach any of the foregoing restrictions, You may be subject to prosecution and damages. All licenses not expressly granted in this Agreement are reserved and no other licenses, immunity or rights, express or implied are granted by iGenApps Inc, by implication, estoppel, or otherwise. This Agreement does not grant You any rights to use any trademarks, logos or service marks belonging to iGenApps Inc, including but not limited to iGenApps™, Architect or word marks. If You make reference to any iGenApps Inc products or technology or use any trademarks owned by iGenApps Inc., You will need previous written authorization from iGenApps Inc to do so.

 

2.4 Updates; No Support or Maintenance.  iGenApps Inc may extend, enhance, or otherwise modify the Software or services provided hereunder at any time without notice, but iGenApps Inc shall not be obligated to provide You with any Updates to the Software. If Updates are made available by iGenApps Inc, the terms of this Agreement will govern such Updates, unless the Update is accompanied by a separate license in which case the terms of that license will govern. iGenApps Inc is not obligated to provide any maintenance, technical or other support for the Software or services. You acknowledge that iGenApps Inc has no express or implied obligation to announce or make available any Updates to the Software or to any services to anyone in the future. Should an Update be made available, it may have APIs, features, services or functionality that are different from those found in the Software licensed hereunder or the services provided hereunder.

 

3. YOUR OBLIGATIONS

 

3.1 General.  You certify to iGenApps Inc and agree that:

(a) You are of the an adult in the jurisdiction in which You reside (at least 18 years of age in many countries) and have the right, capacity and authority to enter into this Agreement on Your own behalf, or if You are entering into this Agreement on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government, that You have the right, capacity and authority to legally bind such entity or organization to the terms and obligations of this Agreement;

(b) All information provided by You to iGenApps Inc or Your end-users in connection with this Agreement or Your Application, including without limitation Licensed Application Information,is and will be current, true, accurate, supportable and complete and, with regard to information You provide to iGenApps Inc, You will promptly notify iGenApps Inc of any changes to such information.   Further, You agree that iGenApps Inc may share such information (including email address) with third parties who have a need to know for purposes related to Your Application (e.g., intellectual property questions, customer service inquiries, etc.);

(c) You will comply with the terms of and fulfill Your obligations under this Agreement and You agree to monitor and be responsible for Your Authorized Developers' use of the Software and Services and Authorized Test Devices and their compliance with the terms of this Agreement;

(d) You will be solely responsible for all costs, expenses, losses and liabilities incurred, and activities undertaken by You and or Your Authorized Developers in connection with the Software and services, the Registered Devices, Your Applications and Your related development and distribution efforts, including, but not limited to, any related development efforts, network and server equipment, Internet service(s), or any other hardware, software or services used by You in connection with Your use of any services;

(e) You are not acting and will not act in any manner which conflicts or interferes with any existing commitment or obligation You may have and no agreement previously entered into by You interferes or will interfere with Your performance of Your obligations under this Agreement.

 

3.2 Use of the Software.  As a condition to using the Software and any Services, You agree that:

(a) You will only use the Software and any Services for the purposes and in the manner expressly permitted by this Agreement and in accordance with all applicable laws and regulations;

(b) You will not use the Software or any Services for any unlawful or illegal activity, nor to develop any Application which would commit or facilitate the commission of a crime, or other tortious, unlawful or illegal act;

(c) To the best of Your knowledge and belief, Your Application and Licensed Application Information do not and will not violate, misappropriate, or infringe any third party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights (e.g. musical composition or performance rights, video rights, photography or image rights, logo rights, third party data rights, etc. for content and materials that may be included in Your Application);

(d) You will not, through use of the Software, services or otherwise, create any Application or other program that would disable, hack or otherwise interfere with any security, digital signing, digital rights management, verification or authentication mechanisms implemented in or by the iOS, Android or Windows, this Software, any services provided by iGenApps Inc. or other software or technology, or enable others to do so;

(e) You will not, directly or indirectly, commit any act intended to interfere with the Software or Services.

 

4. CHANGES TO SOFTWARE REQUIREMENTS OR TERMS  iGenApps Inc may change the Software Requirements or the terms of this Agreement at any time. New or modified Software Requirements will not retroactively apply to Applications already in distribution, unless specified otherwise.

 

In order to continue using the Software or any Services provided by iGenApps Inc, You must accept and agree to the new Requirements and/or new terms of this Agreement. If You do not agree to new Requirements or new terms, Your use of the Software and any iGenApps™ services will be suspended or terminated by iGenApps Inc.   You agree that Your acceptance of such new Agreement terms or Requirements may be electronically, including without limitation, by Your checking a box or clicking on an "agree" button or similar button. Or by visiting this Website (iGenApps.com).

 

5. DISTRIBUTION  Applications developed under this Agreement may only be distributed through a web-kit enabled browser or supported devices. If You would like iGenApps Inc to deliver Your Application via any App Store or Market, then You must appoint iGenApps Inc as Your legal agent. This will require additional costs for the Application conversion and there is no guarantee that Apple, Google or Microsoft or any other third party will approve Your Application for distribution.

 

6. INDEMNIFICATION  To the extent permitted by applicable law, You agree to indemnify and hold harmless, and upon iGenApps Inc's request, defend, iGenApps Inc, its directors, officers, employees, independent contractors and agents (each an "iGenApps Inc Indemnified Party") from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys' fees and court costs   (collectively, "Losses"), incurred by an iGenApps Inc Indemnified Party and arising from or related to any of the following: (i) Your breach of any certification, covenant, obligation, representation or warranty in this Agreement; ii) any claims that Your Application, the distribution or metadata, violate or infringe any third party intellectual property or proprietary rights; or (vi) Your use of the Software or services, Your Application, Licensed Application Information, metadata, Registered Devices, or Your development and distribution of any Application. You acknowledge that neither the Software nor any services are intended for use in the development of Applications in which errors or inaccuracies in the content, functionality, services, data or information provided by the Application or the failure of the Application, could lead to death, personal injury, or severe physical or environmental damage, and, to the extent permitted by law, You hereby agree to indemnify, defend and hold harmless each iGenApps Inc Indemnified Party from any Losses incurred by such iGenApps Inc Indemnified Party by reason of any such use.

 

In no event may You enter into any settlement or like agreement with a third party that affects iGenApps Inc's rights or binds iGenApps Inc in any way, without the prior written consent of iGenApps Inc.

 

7. TERM AND TERMINATION

7.1 Term.  The Term of this Agreement shall begin on the original activation date of Your registration extend and shall for the life of the Application and or Services provided by iGenApps Inc.

 

7.2 Termination.  This Agreement and all rights and licenses granted by iGenApps Inc hereunder and any Services provided hereunder will terminate, effective immediately upon notice from iGenApps Inc:

(a) if You or any of Your Authorized Developers fail to comply with any term of this Agreement and fail to cure such breach within 30 days after becoming aware of or receiving notice of such breach;

(b) in the event of the circumstances described in the subsection entitled "Severability" below;

(c) if You, at any time during the Term, commence an action for patent infringement against iGenApps Inc;

(d) if You engage, or encourage others to engage, in any misleading, fraudulent, improper, unlawful or dishonest act relating to this Agreement, including, but not limited to, misrepresenting the nature of Your Application.

 

Either party may terminate this Agreement of its convenience, for any reason or no reason, effective 30 days after providing the other party with written notice of its intent to terminate. iGenApps Inc may also terminate this Agreement, or suspend Your rights to use the Software and/or Services.

 

7.3 Effect of Termination.  Upon the termination of this Agreement for any reason, You agree to immediately cease all use of the Software and Services and erase and destroy all copies, full or partial, of any information pertaining to the services. At iGenApps Inc's request, You agree to provide written certification of such destruction to iGenApps Inc. After notice of termination of this Agreement, all Applications and Information in iGenApps Inc' possession or control can be deleted or destroyed within a reasonable time thereafter, excluding any archival copies required to be maintained by applicable law, rule or regulation.

 

For the avoidance of doubt, upon any termination of this Agreement, You may not make available any content, functionality, or services through the use of the Software or Services.   iGenApps Inc will not be liable for compensation, indemnity, or damages of any sort as a result of terminating this Agreement in accordance with its terms, and termination of this Agreement will be without prejudice to any other right or remedy iGenApps Inc may have, now or in the future.

 

8. NO WARRANTY  The Software may contain inaccuracies or errors that could cause failures or loss of data and it may be incomplete. iGenApps Inc, Google or Apple reserves the right to change, suspend, remove, or disable access to the Software or any Services at any time without notice. In no event will iGenApps Inc, Google nor Apple be liable for the removal of or disabling of access to any such Services or Functionality. iGenApps Inc, Google or Apple may also impose limits on the use of or access to certain Services or Functionality, in any case and without notice or liability.

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE, SECURITY SOLUTION, SERVICE-RELATED SOFTWARE AND ANY SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE "MY APPS" SOFTWARE, SECURITY SOLUTION, SERVICE-RELATED SOFTWARE AND ANY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND iGenApps Inc HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, SECURITY SOLUTION, SERVICE-RELATED SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. iGenApps Inc DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, SERVICE-RELATED SOFTWARE OR SERVICES, THAT THE SOFTWARE, SECURITY SOLUTION, SERVICE-RELATED SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE, SECURITY SOLUTION, SERVICE-RELATED SOFTWARE OR THE PROVISION OF SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS OR ERRORS IN THE SOFTWARE, SECURITY SOLUTION, SERVICE-RELATED SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE SOFTWARE, SECURITY SOLUTION, SERVICE-RELATED SOFTWARE OR SERVICES WILL BE COMPATIBLE WITH FUTURE APPLE AND ANDROID PRODUCTS, SERVICES OR SOFTWARE, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH ANY "MY APPS" SOFTWARE, SERVICE-RELATED SOFTWARE OR SERVICES WILL NOT BE LOST, CORRUPTED OR DAMAGED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY iGenApps Inc OR AN iGenApps Inc AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE SOFTWARE, SECURITY SOLUTION, SERVICE-RELATED SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

 

Neither Apple, Google nor iGenApps Inc guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data or information displayed by any service.

 

9. LIMITATION OF LIABILITY TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL iGenApps Inc BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE 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 THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF iGenApps Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall iGenApps Inc's total liability to You under this Agreement for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).

 

10. GENERAL LEGAL TERMS

 

10.1 Third Party Notices. Portions of the Software or Services may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Software and Services, and Your use of such material is governed by their respective terms.

 

10.2 Consent to Collection and Use of Non-Personal Data. You agree that iGenApps Inc may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about Your Applications, device or operating system that is gathered periodically related to the Software and iGenApps™ services, and to verify compliance with the terms of this Agreement. iGenApps Inc may use this information, as long as it is in a form that does not personally identify You, to improve the Software, related services or technologies to You and our customers.

 

10.3 Assignment. This Agreement may not be assigned, nor may any of Your obligations under this Agreement be delegated, in whole or in part, by You by operation of law, merger, or any other means without iGenApps Inc's express prior written consent and any attempted assignment without such consent will be null and void.  

 

10.4 Relationship of Parties.   This Agreement will not be construed as creating any other agency relationship, or a partnership, joint venture, fiduciary duty, or any other form of legal association between You and iGenApps Inc, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise. This Agreement is not for the benefit of any third parties.

 

10.5 Independent Development.   Nothing in this Agreement will impair iGenApps Inc's right to develop, acquire, license, market, promote, or distribute products or technologies that perform the same or similar functions as, or otherwise compete with, Applications or any other products or technologies that You may develop, produce, market, or distribute.

 

10.6 Notices.  Any notices relating to this Agreement shall be in writing. Notices will be deemed given by iGenApps Inc when sent to You at the email address You provided during the sign-up process.

You consent to receive notices by email and agree that any such notices that iGenApps Inc sends You electronically will satisfy any legal communication requirements.   A party may change its email or mailing address by giving the other written notice as described above.

 

10.7 Severability. If a court of competent jurisdiction finds any clause of this Agreement to be unenforceable for any reason, that clause of this Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. However, if applicable law prohibits or restricts You from fully and specifically complying with this Agreement will immediately terminate and You must immediately discontinue any use of the Software as described in the Section entitled "Term and Termination."

 

10.8 Waiver and Construction.   Failure by iGenApps Inc to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. Any laws or regulations that provide that the language of a contract will be construed against the drafter will not apply to this Agreement. Section headings are for convenience only and are not to be considered in construing or interpreting this Agreement.

 

10.9 Export Control. You may not use, export, re-export, import, sell or transfer the Software except as authorized by United States law, the laws of the jurisdiction in which You obtained the Software, and any other applicable laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

 

10.10 Government End-users. The Software and any related documentation are "Commercial Items", as that term is defined at 48 C.F.R. ¤2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. ¤12.212 or 48 C.F.R. ¤227.7202, as applicable. Consistent with 48 C.F.R. ¤12.212 or 48 C.F.R. ¤227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end-users (a) only as Commercial Items and (b) with only those rights as are granted to all other end-users pursuant to the terms and conditions herein.   Unpublished-rights reserved under the copyright laws of the United States.

 

10.11 Dispute Resolutions; Governing Law. Any litigation or other dispute resolution between You and iGenApps Inc arising out of or relating to this Agreement, the Software, or Your relationship with iGenApps Inc will take place in the jurisdiction of Puerto Rico, and You and iGenApps Inc hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within the District of Puerto Rico with respect to any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the United States and the Commonwealth of Puerto Rico, except that body of Puerto Rico law concerning conflicts of law. Notwithstanding the foregoing, if You are an agency, instrumentality or department of the federal government of the United States, then this Agreement shall be governed in accordance with the laws of the United States of America, and in the absence of applicable federal law, the laws of the State of California will apply.   Further, and notwithstanding anything to the contrary in this Agreement (including but not limited to Section 11 (Indemnification)), all claims, demands, complaints and disputes will be subject to the Contract Disputes Act (41 U.S.C. ¤¤601-613), the Tucker Act (28 U.S.C. ¤ 1346(a) and ¤ 1491), or the Federal Tort Claims Act (28 U.S.C. ¤¤ 1346(b), 2401-2402, 2671-2672, 2674-2680), as applicable, or other applicable governing authority.

 

If You (as an entity entering into this Agreement) are a U.S. public and accredited educational institution, then (a) this Agreement will be governed and construed in accordance with the laws of the state (within the U.S.) in which Your educational institution is domiciled, except that body of state law concerning conflicts of law; and (b) any litigation or other dispute resolution between You and iGenApps Inc arising out of or relating to this Agreement, the Software, or Your relationship with iGenApps Inc will take place in federal court within Puerto Rico, and You and iGenApps Inc hereby consent to the personal jurisdiction of and exclusive venue in the state and federal court within the district of Puerto Rico unless such consent is expressly prohibited by the laws of the state in which Your educational institution is domiciled.  

 

This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

 

10.12 Entire Agreement; Governing Language . This Agreement constitutes the entire agreement between the Parties with respect to the use of the Software licensed hereunder and supersedes all prior understandings. This Agreement may be modified only: (a) by a written amendment signed by both parties, or (b) to the extent expressly permitted by this Agreement (for example, by iGenApps Inc by written or email notice to You).   Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern.   If You are located in any country other than the United States, the following clause applies: The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English.

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