PAYTIX APPLICATION ("PAYTIX APP")
END USER LICENSE AGREEMENT (EULA OR "AGREEMENT")
BY DOWNLOADING OR USING THE PAYTIX APP, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT DOWNLOAD OR USE THE PAYTIX APP.
In this Agreement, the provider of your smartphone device is the "Phone Provider".
In this Agreement, "PayTix App Provider" means Conduent Business Services, LLC, the entity that is licensing the PayTix App to you, as identified in the "Phone Provider Marketplace". You acknowledge and agree that Phone Provider is a third party beneficiary of the Agreement, and that upon your acceptance of the terms and conditions of the Agreement, Phone Provider will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS
a. Installation and Use. You may install and use the PayTix App on any mobile devices you personally own or control and which are affiliated with the Phone Provider ID associated with your Phone Provider Marketplace account. You may not install or use a copy of the PayTix App on a device you do not own or control and you may not distribute or make the PayTix App available over a network where it could be used by multiple devices at the same time.
b. Portions of the PayTix App may include open source software which may be accompanied by notices and/or open source licenses that govern the use of those portions. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the PayTix App. Any license granted hereunder to the PayTix App does not alter any rights and obligations you may have under such open source licenses and/or notices.
c. You acknowledge that your use of the PayTix App creates data traffic.
d. You acknowledge that PayTix App Provider may change the functionality and features of the PayTix App from time to time without notice to you.
e. You acknowledge that your installation and use of the PayTix App may enable access to devices owned or managed by third parties as well as to other materials, products, or services of third parties (collectively and individually "Third Party Products") directly from the PayTix App. You agree that the PayTix App Provider is not responsible for examining or evaluating the security, accuracy, interoperability or reliability of any Third Party Products and that the PayTix App Provider does not warrant and will not have any liability or responsibility for any Third Party Products or your acquisition or use of Third Party Products. Your acquisition and/or use of Third Party Products may be subject to additional terms and conditions and may require additional fees or costs. The owner or manager of each Third Party Product is solely responsible for that Third Party Product and for (i) any additional terms and conditions relating to the acquisition and use of; (ii) the security, accuracy, interoperability or reliability of; (iii) any warranties for and (iv) any claims that you or any other party may have relating to that Third Party Product. If you access or use Third Party Products, you acknowledge that your email address, name, and other identifying information, as well as the information disclosed in the documents you attempt to transmit, will be disclosed to the provider of such Third Party Product for the purpose of completing your order and for their internal management and administrative purposes.
f. You are solely responsible for maintaining the primary copy and any back-up or archive copy of any data you submit. The PayTix App Provider does not represent or warrant that any data you submit will be maintained or stored and will not have any liability or responsibility for the loss of any data you submit via the PayTix App.
2. INTERNET-BASED SERVICES. Your use of the PayTix App may require the use of internet-based services provided by the PayTix App Provider, its suppliers, and your wireless carrier. In addition to the following, your use of such services is subject to the terms provided to you by the PayTix App Provider and/or your wireless carrier, with which you agree to comply.
a. Consent for Internet-Based or Wireless Services. The PayTix App may connect to computer systems over an internet-based wireless network. In some cases, you will not receive a separate notice when they connect. Using the PayTix App operates as your consent to the transmission of your information (including but not limited to technical information about your device, system and PayTix App software, and peripherals as well as any document or material you submit) via internet-based or wireless services. Your information may be transmitted, stored and processed in the United States or any other country in which the PayTix App Provider, its suppliers, or your wireless carrier maintain facilities.
b. Misuse of Internet-based Services. You may not use any internet-based service in any way that could harm it or impair anyone else's use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
3. CONSENT TO COLLECTION AND USE OF DATA. The Phone Provider and the PayTix App Provider collect and/or store information from you when you download the PayTix App. This information includes: your email address, your login, your password and your documents and materials submitted to the PayTix App. In addition, the PayTix App may collect and/or store certain information automatically, such as the type of mobile device you use, your mobile operating system, and information about the way you use the PayTix App. The PayTix App Provider may use statistical data, trends and usage information derived from your information and your use of the PayTix App for the purpose of providing, operating, maintaining and/or improving the PayTix App, its functionality and experience, and the products and services used to deliver the PayTix App. PayTix App Provider may disclose user provided and automatically collected information: (a) as required by law; (b) when PayTix App Provider believes, in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; and (c) to our suppliers who work on our behalf. Your information may be transmitted, stored and processed in the United States or any other country in which the PayTix App provider, its suppliers, or your wireless carrier maintain facilities. You may opt out of allowing access to your information by uninstalling the PayTix App from your device. By using the PayTix App, you consent to the transfer, storage and processing of user provided and automatically collected information by PayTix App Provider, its suppliers, and your wireless carrier, as described in this Agreement.
4. SCOPE OF LICENSE. The PayTix App is licensed, not sold. This Agreement only gives you some rights to use the PayTix App. PayTix App Provider reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the PayTix App only as expressly permitted in this Agreement and as permitted by the usage rules set forth in the Phone Provider Marketplace Terms of Service. In doing so, you must comply with any technical limitations in the PayTix App that only allow you to use it in certain ways. You may not:
a. use the PayTix App in a way that is prohibited by any law, regulation or governmental order or decree in any relevant jurisdiction, or that violates others' legal rights;
b. use the PayTix App in a way that would subject PayTix App Provider, its suppliers, or your wireless carrier to obligations or liabilities under laws or regulations that would not otherwise apply to the PayTix App;
c. use the PayTix App in any way designed to or to attempt to introduce a virus or malware to the network or devices on the network; send unsolicited bulk or commercial messages; or create a denial of service attack;
d. work around any technical limitations in the PayTix App;
e. reverse engineer, decompile or disassemble the PayTix App, except and only to the extent that applicable law expressly permits, despite this limitation;
f. make more copies of the PayTix App than specified in this Agreement or allowed by applicable law, despite this limitation;
g. publish or otherwise make the PayTix App available for others to copy;
h. rent, lease or lend the PayTix App; or
i. transfer the PayTix App or this Agreement to any third party.
5. DOCUMENTATION. If documentation is provided with the PayTix App, you may copy and use the documentation for your internal, reference purposes.
6. EXPORT RESTRICTIONS. The PayTix App is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the PayTix App. These laws include restrictions on destinations, end users and end use. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
7. SUPPORT SERVICES. The PayTix App is provided "as is." Contact the PayTix App Provider to determine if any support services are available. Your Phone Provider, your phone manufacturer, and your wireless carrier are not responsible for providing support services for the PayTix App.
8. ENTIRE AGREEMENT. This Agreement, and the terms of supplements and updates are the entire agreement for the PayTix App.9. APPLICABLE LAW.
a. United States. If you acquired the PayTix App in the United States, New York state law governs the interpretation of this Agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the PayTix App in any other country, the laws of that country apply.
10. LEGAL EFFECT. This Agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the PayTix App Provider from whom you acquired the PayTix App. This Agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
11. DISCLAIMER OF WARRANTY. THE PAYTIX APP IS LICENSED AND PROVIDED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING IT. THE PAYTIX APP PROVIDER, ON BEHALF OF ITSELF, YOUR PHONE PROVIDER, WIRELESS CARRIERS OVER WHOSE NETWORK THE PAYTIX APP IS DISTRIBUTED, AND EACH OF OUR RESPECTIVE AFFILIATES AND SUPPLIERS ("DISTRIBUTORS"), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE PAYTIX APP. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM THE PAYTIX APP PROVIDER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE PAYTIX APP. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM YOUR PHONE PROVIDER OR ANY DISTRIBUTORS.
This limitation applies to: anything related to the PayTix App, services made available through the PayTix App, or content (including code) on third party internet sites; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. This limitation also applies even if repair, replacement or a refund for the PayTix App does not fully compensate you for any losses; or PayTix App Provider knew or should have known about the possibility of the damages.
13. Indemnification. You agree to indemnify, defend and hold harmless PayTix App Provider, its officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any violation of this Agreement by you or any other person accessing the PayTix App on your behalf.
14. Termination. PayTix App Provider reserves the right to make changes to the terms of this Agreement with or without notice from time to time. If you do not agree to the new terms, then you must cease use of the PayTix App. This Agreement and the license granted hereunder may be terminated by PayTix App Provider without notice. If this Agreement terminates, all rights granted to you by this agreement will automatically terminate and you will cease to have any rights to use the PayTix App.