End-User License Agreement
Please read this End-User License (“Agreement” or “License”) carefully before clicking the “I accept the Agreement” button, downloading or using Finch Software (“Application”, “Software”). This agreement is a legal agreement between you and Finch Technologies Ltd. (“Finch Technologies”, “Company”, “Finch”, or “we”)
By clicking the “I accept the Agreement” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the button “I accept the Agreement” and do not download or use the Application.
The installed Software may be updated or replaced by feature enhancements, software updates or system restore software provided by Finch Technologies for use only under the terms of this License. The Finch Software and Software Updates are collectively referred to as the “Software”. Finch Technologies retains ownership of the Finch Software and reserve all rights not expressly granted to you under this License.
2. License and Restrictions
Finch Technologies grants you a revocable, non-exclusive, non-transferable and limited license to download, install and use Software solely for your personal, non-commercial purposes for use only with a Finch Products strictly in accordance with the terms of this Agreement. This License does not grant you any rights to use Finch proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party software applications for use with our Soft- and Hardware (unless there is an agreement between you and Company). For more information on developing for our Products, please, contact us at email@example.com
You may not, and you agree to restrict another to copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, derive the source code, decrypt, modify or create derivative works of the Finch Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the Finch Software).
You agree to use the Software and the Services (both collectively and individually, Software and Services of Company and third-party Software and Services; you can read more about definition in Section Services and Third-party Materials) in compliance with all applicable laws, including local laws of the country or region in which you reside or which you download or use the Software and Services.
4.Services and Third party Materials
The Software may enable access to Finch and third-party services (both collectively and individually, “Services”). Use of Services may require a password and username to access additional terms and subject to additional fees.
Certain third-party Services may collect information about you when you use the Services. These third parties have their own privacy policies and will treat the information they collect about you according to these policies. We encourage you to review these privacy policies before providing any information to third parties. We are not responsible for the accuracy of any third party’s privacy policies or for ensuring that third parties comply with their privacy policies and we strongly advise you to read the terms and privacy policies of any third party Services that you will use.
5. Disclaimer of Warranty
By using this Software, you expressly acknowledge and agree that you access and the Service and Software at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
To the maximum extent permitted by applicable law, the Finch Software and Services are provided “as is” and “as available”, with all faults and without warranty of any kind. Finch Technologies and his licensors hereby disclaim all warranties and conditions with respect to the Finch Software and Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions merchantability, of satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights.
Finch Technologies does not warrant against interference with your enjoyment of the Software and Services, that the functions contained in, or Services performed or provided by, the Software will meet your requirements, that the operation of the Software and Services will be uninterrupted or error-free, that any service will continue to be made available, that defects in the Software or Services will be corrected, or that Software will be compatible or work with any third-party Software, applications or third-party services. Installation of this Software may affect the usability of third-party Software, applications or third-party services.
The Software and associated hardware are not intended for any use where failure or fault of the Software or Hardware could both directly or indirectly cause risk or damage to life or property. Any user will be solely responsible for (and Finch Technologies disclaims) any and all loss, liability, or damages resulting from such use.
Some jurisdictions do not allow exclusions of implied warranties or limitations on applicable statutory rights of consumers, so if you are a consumer from this jurisdictions, the above exclusions and limitations may not apply to you.
6. Limitation of Liability
Finch Technologies will not be liable for personal injury or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of receive any data, business interruption or any other commercial damages or losses, arising or related to your use or inability to use the Software and Services or any third-party software, applications and services in conjunction with the Finch Software or Services, regardless of the theory of liability (contract, tort or otherwise) and even if Finch Technologies has been advised of the possibility of such damages. In no event will Finch Technologies’ total liability exceed the actual money paid for the Finch Product or service giving rise to the liability. The forgoing limitations will apply even if the above stated remedy fail of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of personal injury, incidental or consequential damages, so this liability may not apply be applied to you. The above limitations will not apply in case of personal injury when applicable law requires such liability.
7. Government Law
This agreement will be governed by and construed in accordance with the laws of the United States and State of California, regardless to application of this choice of law rules or principles. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
8. Complete Agreement, Governing Language
This License constitutes the entire agreement between you and Finch Technologies relating to the Finch Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment or modification of this Agreement will be binding unless it wrote and signed by Finch technologies. Any translation of this Agreement is done for local requirements. The English version of this Agreement will govern in case of any dispute between the English and any non-English versions, if these states are not prohibited by local law in your jurisdiction.
This Agreement will terminate immediately, without prior notice from Finch Technologies, in the event that you fail comply with any provision of this Agreement. Upon the termination of this Agreement, you must cease all use of the Software and fully or partially destroy all copies of Software. Sections 3, 4, 5, 6, 7, 8, 9, 10, 11 of this Agreement will act after any such termination.
You agree that you will not export or re-export the Software in violation of any applicable laws or regulations including of the jurisdictions in which the Software was obtained.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
12. Contact information
Finch Technologies Ltd.
Building #10, 1st Floor P.O. Box 3169
Skelton Bay Lot
PMB 103 Fish Bay Tortola
British Virgin Islands