This FoneMonitor End User License Agreement (or EULA) is between the end user (hereinafter referred to as You or Licensee), and FoneMonitor Team (hereinafter referred to as We or Licensor), the owner or developer of the program and software (hereinafter alluded to as Software or FoneMonitor).
It would be ideal if you read this agreement carefully before you download or install the software. You should pay attention to such terms including however not constrained to Article3, 5, 6, 14, 15, 16. In the event that you can't agree with them or have any inquiries concerning this EULA, please contact FoneMonitor Team. Any use by means of installation, copying, having access to or using the Software by you constitutes an acceptance of, and a guarantee to consent to, all the terms and states of this EULA.
IMPORTANT: BY DOWNLOADING, ACCESS, INSTALLATION OR USING THE SOFTWARE, DOCUMENTATION YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND STATES OF THIS AGREEMENT. AGREEMENT OF INSTALLATION OF THIS SOFTWARE SHOULD BE ON A DEVICE OR DEVICE POSSESSED BY YOU OR YOU HAVE GOT CLEAR PERMISSION AND ASSENT FOR SUCH INSTALLATION FROM THE PROPRIETOR OF DEVICE. IN THE EVENT THAT YOU ARE GOING TO USE IT FOR CLOUD-BASED OR YOU PLAN TO CARRY OUT DEVICE MONITORING WHICH DOESN'T NEED INSTALLATION THEN YOU OUGHT TO USE IT IN CONNECTION WITH AN ACCOUNT, APPLICATION, OR PROGRAM YOU HAVE THE LEGAL AUTHORITY TO ACCESS. YOU ADDITIONALLY CONSENT TO MAKE IT CLEAR TO ANY PERSON(S), WHO USE(S) A DEVICE WHICH HAS GOT THIS SOFTWARE INSTALLED WITHIN IT AND WHATEVER INDIVIDUAL WITH THE PRIVILEGE TO ACCESS AN ACCOUNT THAT IS UNDER THE PRESENCE OF THE SOFTWARE.
IF YOU ARE SITUATED IN CANADA, YOU SHOULD READ AND OBEY PERSONAL INFORMATION AND PROTECTION OF ELECTRONIC DOCUMENTS ACT (PIPEDA) WHEN YOU USE FONEMONITOR. IF YOU ARE SITUATED IN THE USA, YOU SHOULD READ AND OBEY CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND WIRETAP ACT WHEN YOU USE FONEMONITOR.
DISCLAIMER:FONEMONITOR IS ONLY INTENDED FOR LAWFUL UTILIZATION. THIS IS A SMARTPHONE AND TABLET TRACKING SOFTWARE FOR PARENTAL CONTROL USAGE TO CONTROL THEIR YOUNGSTERS, OR OTHER LEGAL POINTS, ON A DEVICE WHICH IS OF YOUR PROPRIETORSHIP AND THE USER BEING MONITORED OUGHT TO HAVE FULL CONSENT BEFORE YOU CARRY ON. IF YOU FAILURE TO DO SO, IT COULD LEAD TO AN ACT OF VIOLATION OF RELEVANT LAW LEADING TO SEVERE MONETARY AND CRIMINAL PENALTIES IMPOSED ON THE VIOLATOR. YOU SHOULD CONSULT YOUR OWN LEGAL ADVISOR WITH RESPECT TO LEGALITY OF USING THE SOFTWARE IN THE WAY YOU PLAN TO UTILIZE IT. THIS SHOULD BE BEFORE YOU REGISTER, DOWNLOAD OR INSTALL THE SOFTWARE WITH AN AIM OF USING IT. FONEMONITOR IS IRRESPONSIBLE IF A CLIENT INTEND TO MONITOR THE DEVICE WHICH THE CLIENT DOES NOT HAVE THE RIGHT TO; NOR CAN FONEMONITOR GIVE LAWFUL GUIDANCE WITH RESPECT TO THE USE OF THE SOFTWARE.
The FoneMonitor incorporates the greater part of the substance of the files, disk(s), CD ROM(s), DVDs, or other media for which this EULA is given. Such includes the said yet not restricted to: software that the Licensor has licensed for inclusion in FoneMonitor; composed materials or documents identifying with FoneMonitor ("Documentation"); text styles or fonts; altered versions, updates as well as copies of FoneMonitor, assuming any.
Subject to the terms and states of this Agreement, you are given the limited, revocable, personal, non-exclusive, and non-transferable right by the Licensor to download, install and even to active the Software on at least one device which are claimed by you and under your control exclusively for your personal, private and non-commercial use. A violation of the licence will be regarded in a case where you impart the Software to others, or enable others to see the contents of this Software. You can't make the Software available over a network, or provide the Software to multiple users, unless you have purchased a multi-user license from Licensor ahead of time, is an offence. Licensor reserves all rights not expressly granted to You in this Agreement.
You may view, audit and use the Software and any related data gave to you by the Product, however should not use the Product and any related data for any commercial purpose.
You comprehend that the Site and FoneMonitor should be only used for these purposed including (i) parental control of their kids, (ii) on an Android or iOS device, which is of your proprietorship or you should get permission from the owner of the monitored device, (iii) other legal points which is conforming to the laws in your own jurisdiction. Child Terms are defined as below:
Child: Your own legal child who is under the legitimate age of 18 (as defined by US law). The child must be monitored with a compatible phone which should also be owned by you. You can't monitor a kid assuming that you hold one of the following relationships:
Employee: Your workers are at an organization you own or you have managerial responsibilities for such workers. The workers must be monitored by using a compatible phone owned by the organization and issued to the workers under your organization's strategies with respect to organization telephones. It would be prudent for the worker to give full consent and must be informed they are being observed before monitoring can start.
FONEMONITOR IS DESIGNED FOR LEGAL USE.
In spite of the fact that the Product might be accessible over the world, Licensor make no portrayal that the Product or related materials are proper or accessible for use in your territory. Also note that the Software may not be accessed from regions where the substance is restricted by local laws. The individuals who get to the Software from such areas do as such alone activity and should be forwardly responsible for compliance with local laws. Any offer and/or information made in connection with the Software is void where restricted.
You concur that you will check all local, state and government laws to ensure you are complying with all laws in your district. It might be illegal in your location to monitor different people using your own device and remember that you will never monitor any grown-up without their valid permission.
If you try to install FoneMonitor onto a device, which you don't possess, or without proper consent of the owner, we will try to cooperate with law officials as far as possible. This includes handing in the requested customer data, and any other purchase/product-related information. The monitored user is qualified to report your unlawful demonstration to FoneMonitor Team and we will examine and handle as needs be.
You need to agree that you will not use this Software in any way like to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other individuals. You also agree that the Licensor is out of responsibility for any such use by you or for any any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may get because of using the Licensed Software. Assuming that you go ahead and install the Licensed Software on the device without permission of the owner, the Licensor has the privilege to open open un-installation instructions for this individual and ensure that the account of a violator is blocked. Please believe that every one of the information on FoneMonitor servers is absolutely encrypted to secure the protection of the account holder, along these lines the Licensor can neither reveal this information to any third parties nor read it from the server side.
You concur that you won't whenever before or after this EULA, improperly use or disclose any proprietary information or trade secrets of any other persons which might be in your ownership, assuming any. Further, should we disclose confidential information of any third-party licensors then it will be upon you to follow any use and confidentiality asked for of you by us and third-party licensors. You need to ensure that confidentiality is properly observed and won't uncover it to any other prople or use it for the advantage of any individual other than for the Licensor or such third party.
Licensee may not and concurs not to or empower others to modify, adapt, translate, sublicense, sell, rent, lease, or loan all or any portion of the Software or Documentation; The Licensee may not and concurs not to or empower others to create any derivative works from all or any segment of the Software or Documentation; and Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software; and Licensee may not and concurs not to or empower others to use previous version of the Licensed Software in the wake of getting a media substitution or redesigned form as a substitution to an earlier version. In such case Licensee must crush the earlier form; and Licensee may not and concurs not to or empower others to utilize the Software in the operation of any business, aircraft, ship, nuclear facilities, life support machines, communication systems, or any other equipment in which the disappointment of the product could prompt individual damage, death, or ecological harm; and Licensee may not and concurs not to or empower others to remove or obscure Licensor's copyright or trademark notices, or the copyright and trademark notices of any third parties that Licensor has included into the Licence Software or Documentation; and Licensee may not and concurs not to or empower others to utilize the Software as a feature of a facility management, timesharing, service provider, or service bureau arrangement; and Licensee may not and concurs not to or empower others to use the Software or created data in any way that is unlawful or not approved by this EULA; and FoneMonitor can't be used to monitored some other people. These include a spouse, friend, significant other, parolee, probationer, and so on. This would violate the terms you consented to at the purpose of procurement and be liable to prompt termination without repayment.
One duplicate of the Software may be introduced by Licensee on a single device. This Agreement might apply to all establishments or installation of the Software. It is not allowed for the installation of Software on two or more devices. In the event that the Licensee wants to install software on two or more gadgets then he may buy and install various licenses. Licensee should be exclusively in charge of all costs brought about in Licensee's establishment and utilization of the Licensed Software.
Licensor is focused on securing your protection consistently aside from as generally gave in this Agreement. This announcement clarifies the mysterious information gathering procedure and utilization rehearses for the Software Improvement Program.
Keeping in mind the end goal to give and enhance the product, its highlights, and client's involvement, we will naturally gather, keep up, process and utilize data concerning the way the different modules and functionalities of Software are being utilized. Data is likewise assembled anonymously with the end goal of factual investigation about Software utilization.
We will just utilize such data to provide end clients with the most ideal software knowledge. The gathered information won't be unveiled, shared, sold, exchanged or leased to any outsiders for marketing purposes. It is possible to opt-out at the advanced options menu in case you are a client who doesn't wish to enable this administration.
Be assured that your private information is duly secure with the Licensor because FoneMonitor does not gather any data from your phone other than the data required for the Software's effective operation.
The Licensed Software contains innovative measures that are intended to keep its unlicensed or unlawful utilization. The Licensed Software may contain requirement innovation that confines Licensee's capacity to introduce and uninstall the Licensed Software on a gadget to close to a limited number of times, for a limited number of gadgets and for a characterized period in time assigned by the acquired License. The Software may require enactment amid establishment and in the Documentation. In the event that any of such pertinent enactment procedure(s) isn't taken after, the Licensed Software may work for a limited timeframe. On the off chance that initiation is required, yet the Licensee doesn't finish actuation inside the limited timeframe put forward in the Documentation or clarified amid establishment, the Licensed Software will stop to work until the point when enactment has been finished, by which time usefulness will be re-established. On the off chance that Licensee has any issue with the initiation procedure, Licensee may contact the Licensor client benefit for help.
Licensee might be allowed an assessment duplicate of the Software free of charge for a limited timeframe (the "Assessment Copy"). Certain highlights as well as usefulness of the Licensed Software might be secured or inaccessible in the Assessment Copy. Licensee will need to buy a valid license activation key if he/she wants to benefit from all the features and usefulness of the Licensed Software. From the minute that Licensee initiates Licensed Software with a legitimate permit key, the Evaluation Copy might stop being viewed as an Evaluation Copy and every one of the terms of this Agreement should begin to apply completely.
There are a few sorts of License which Licensee may buy. On the off chance that you buy a permit for a particular timeframe showed in the Software, you can just utilize it amid the particular time frame. You may end the permit whenever by obliterating the Software, together with all duplicates thereof. The License will be ended naturally or generally stop to be viable on the off chance that you neglect to consent to any term(s) or condition(s) of this Agreement. Once the termination of the License comes to age, you shall destroy and stop utilizing the Software, together with all duplicates thereof.
Licensee may not rent, lease, lend, sell, assign, sub-license, redistribute or transfer the Licensed Software or the License granted by this EULA without prior written consent of the Licensor.
Licensor may give Licensee Software Updates now and again at no charge amid the Term of this Agreement. The Licensor may, at its sole attentiveness, choose if Licensee can get Software Updates without any charges or the Licensee needs to pay for the Updates. For the reasons concerning this, "Update" implies another form of the Licensed Software containing specialized adjustments, refreshed data, modified usefulness or whatever other changes that are expected by Licensor to enhance or to include, erase or generally alter any part of the Licensed Software. On the off chance that the Licensed Software is an Update to a past rendition, Licensee must have a substantial License to the past variant. Any refresh gave by the Licensor to Licensee is made on a License trade premise with the end goal that Licensee concurs, as a precondition for getting an Update, that Licensee will end the majority of Licensee's rights to utilize any past rendition of the Software. Be that as it may, Licensee may keep on using the past rendition just to help with progressing to the Updated variant. Once an Update has been discharged, the Licensor may stop administration or support for earlier forms, with no notice to Licensee. You can access Software Updates from the Licensed Software or on the Licensor website where they are provided. This License does not allow Licensee to acquire and utilize a Software Upgrade as well as another Licensed Software form. The Licensor may as well include new capacities, music track, components, pictures, recordings, or erase unique capacities, music track, components, pictures, and recordings in the Update Software or Upgrade Software.
The Licensed Software and any authorized copies that Licensee makes are the intellectual property of, and are owned by, the Licensor, and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization, and code of the Licensed Software are the valuable trade secrets and confidential information of the Licensor and such third parties. The Licensed Software is protected by law, including without limitation, the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly provided in this EULA, Licensee is not granted any intellectual property rights over the Licensed Software. Licensee may not make or publish any public statement concerning the Licensed Software or the Licensor without the prior express written consent of the Licensor.
the Licensor is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may request additional support services for an additional charge or get free e-mail support as the Licensor may offer from time to time during the term of this EULA. E-mail support includes business priority technical assistance for installation and troubleshooting, and upgrade and maintenance coverage.
Subject to the terms and conditions stipulated in Article 8, Licensor shall be entitled to terminate this EULA effective immediately upon serving written notice on the Licensee in the following circumstances; if Licensee commits a material breach of any of its obligations under this EULA which is not capable of remedy or if Licensee commits a material breach of any of its obligations under this EULA which is not remedied within fifteen (15) calendar days after receipt of a notice from Licensor. If Licensee use Licensed Software to commit any illegal or wrongful acts, Licensor is entitled to prohibit Licensee from using the Licensed Software immediately without any notice. Termination of this EULA shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect after termination. Licensee will not be able to use Licensed Software upon termination of this Agreement.
THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS." THE LICENSOR, AND THE LICENSOR SUPPLIERS, AFFILIATES, AGENTS, EMPLOYEES MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR, AND THE LICENSOR AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR SOLE RISK, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE WARRANTY.
THE SOFTWARE MAY CONTAIN “OPEN SOURCE” MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPY LEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). LICENSOR MAKES NO WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE. THESE EULA’S PROVISIONS ON RESTRICTION OF LIABILITY SHALL APPLY.
IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR'S AFFILIATES, ITS EMPLOYEES, AGENTS BE LIABLE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR'S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION. THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR AFFILIATES, ITS EMPLOYEES, AGENTS UNDER OR IN CONNECTION WITH THIS EULA, SHALL BE LIMITED TO THE FEES LICENSEE HAS PAID FOR THE SOFTWARE, IF ANY.
IF THE SOFTWARE IS SUBJECT TO A THREATENED, POTENTIAL OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHT FOR WHICH LICENSOR MAY BE LIABLE, THE LICENSEE WILL MAKE PROMPT AND REASONABLE EFFORTS TO STOP USING AND DELETE THE SOFTWARE UPON RECEIVING LICENSOR'S WRITTEN NOTICE (INCLUDING BY EMAIL), LICENSOR MAY PROVIDE LICENSEE WITH A REPLACEMENT OR UPDATED OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CIRCUMSTANCE, LICENSOR SHALL NOT BEAR OTHER LIABILITIES TO YOU.
YOU WILL INDEMNIFY AND HOLD LICENSOR HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM OR RELATING TO LICENSEE'S ILLEGAL OR IMPROPER USES OF THE SOFTWARE FROM ANY THIRD PARTY. LICENSEE'S OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
You may not use or otherwise export or re-export the licensed software to any countries or territories sanctioned by the United Nations or the USA. By using the licensed software, you represent and warrant that you are not located in any such countries.
This agreement will be governed by the laws of Hongkong without giving effect to the conflict of laws. Any disputes arising out of or in connection with this agreement shall be settled by HKIAC in according with its effective rules to the extent not prohibited by local law in your jurisdiction.
Either party's failure to exercise any of its rights or responsibilities shall not constitute or be deemed to be a waiver or forfeiture of any such rights. This agreement is the entire agreement between you and licensor and supersedes any other communications or advertisements with respect to the Software and documentation. If for any reason a court of a competent jurisdiction finds any provision or portion thereof, to be unenforceable, illegal, the remainder of this agreement shall continue in full force and effect. If there is any conflict between this Agreement and the mandatory provision of any law in Licensee's jurisdiction, the latter shall prevail.
Licensor may update this agreement from time to time, you are considered to accept such update if you keep using the Software. If you cannot accept the updated agreement, you may choose to terminate this agreement according to Article 8. Under such circumstance, Licensor will not bear any liabilities or expenses to you.
ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.