FINNEY’s End User License Agreement

PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE SOFTWARE.

By clicking the “accept” or “ok” button, or installing and/or using the software and applications preloaded or downloadable onto this device, which include computer software and may include associated media, printed materials, and “online” or electronic documentation in connection with your use of this device (“Sirin Software”), you expressly acknowledge and agree that you are entering into a legal agreement with Sirin Mobile Technologies AG (“Sirin”, “we”, or “us”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement”). You hereby waive any rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install or use the Sirin Software or the device on which it is preloaded or installed.

  1. Ability to Accept. By using the Sirin Software you affirm that you are over 18 years of age.

  2. License. Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) download, install and use the Sirin Software on the Sirin mobile telephone, tablet, laptop or any other device to which it was originally preloaded or downloaded (each a “Device”) that you own or control; and (ii) access and use the Sirin Software on that Device in accordance with this Agreement and any applicable Usage Rules (as defined below).

  3. License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the Sirin Software; (ii) make the Sirin Software available over a network where it could be used by multiple Devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Sirin Software; (iv) copy (except for back-up purposes), modify, improve or create derivative works of the Sirin Software or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Sirin Software or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Sirin Software; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Sirin Software; (vii) use any communications systems provided by the Sirin Software to send unauthorized and/or unsolicited commercial communications; (viii) use the Sirin name, logo or trademarks without our prior written consent; and/or (ix) use the Sirin Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.

  4. Software Transfer. If you are transferring rights of the Sirin Software granted herein to any third party in connection with the sale or transfer of the Device, the transfer must include all of the Sirin Software (including all component parts, the media and printed materials, and this Agreement), as installed on the Device, and such rights shall be subject to the terms hereof. The transfer may not be an indirect transfer, such as a consignment.

  5. Account. In order to use some of the Sirin Software features you may have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account.

  6. Location Data. Certain features or functionality (“Features”) of the Sirin Software may collect or be dependent on data related to your geographic location (“Location Data”). If you wish to use these Features, you agree to provide or to make your Location Data accessible to us. To the extent that we do collect Location Data, we shall use it in accordance with our Privacy Policy (defined below). If you do not provide or make such Location Data accessible then the Features may be limited or not operate.

  7. Use of the Sirin Software in a Vehicle. If you are using the Sirin Software in a vehicle, you agree: (i) to comply with all applicable traffic laws; and (ii) if you are the driver, not to use the Sirin Software unless your vehicle is stationary and legally parked.

  8. Intellectual Property Rights

    1. Ownership. The Sirin Software is licensed and not sold to you under this Agreement and you acknowledge that Sirin and its licensors retain all title, ownership rights and Intellectual Property Rights (as defined below) in and to the Sirin Software (and its related software). We reserve all rights not expressly granted herein to the Sirin Software. “Intellectual Property Rights means any and all rights, titles and interests in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.

    2. Content. The: (i) content on the Sirin Software, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”), the (ii) trademarks, service marks and logos contained therein (“Marks”, and together with the Materials, the “Content”), is the property of Sirin and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Sirin” and the Sirin logo are Marks of Sirin and its affiliates. All other Marks used on the Sirin Software are the trademarks, service marks or logos of their respective owners.

    3. Use of Content. The Content on the Sirin Software is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, decompiled or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.

  9. Payments

    1. The License hereunder is currently provided without any charge, however, we may in the future charge a fee for certain features and/or uses. You will not be charged for any such uses of the Sirin Software unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Sirin Software.

    2. Please be aware that your use of the Sirin Software may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.

  10. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Sirin Software is accurate, complete, reliable, current or error-free. We reserve the right to make changes in or to the Content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the Content.

  11. Privacy. We will use any personal information that we may collect or obtain in connection with the Sirin Software in accordance with our privacy policy which is available at Privacy Policy, and you agree that we may do so. Please also be aware that certain personal information and other information provided by you in connection with your use of the Sirin Software may be stored on your Device (even if we do not collect that information). You are solely responsible for maintaining the security of your Device from unauthorized access.

  12. Warranty Disclaimers

    1. THE SIRIN SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

    2. WE DO NOT WARRANT THAT THE SIRIN SOFTWARE WILL OPERATE ERROR-FREE, THAT THE SIRIN SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL CODE or that WE will correct any errors in the SIRIN SOFTWARE. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

    3. IF YOU HAVE A DISPUTE WITH ANY OTHER SIRIN SOFTWARE USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.

    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIRIN SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

    5. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.

  13. Third Party Sources and Content

    1. The Sirin Software enables you to view, access, link to, and use content from Third Party Sources (as defined below) that are not owned or controlled by us (“Third Party Content”). The Sirin Software may also enable you to directly communicate and interact with Third Party Sources. “Third Party Source(s)” means: (i) third party websites, applications and services; and (ii) our partners and customers, including, without limitation Zimperium Inc., which End User License Agreement and Privacy Policy may be found at Zimperium Terms of Service.

    2. We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity.

    3. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety or Intellectual Property Rights of, or relating to, any Third Party Content.

    4. We do not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any Third Party Content or that is communicated to you from a Third Party Source.

    5. By using the Sirin Software you may be exposed to Third Party Content that is inaccurate, offensive, indecent or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.

    6. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Sirin, and release Sirin from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.

  14. Limitation of Liability

    1. UNDER NO CIRCUMSTANCES SHALL SIRIN BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES CAUSED BY OR RELATED TO ERRORS , OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, VIRUS LINE FAILURE OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SIRIN SOFTWARE AS WELL AS ANY THIRD PARTY CONTENT, EVEN IF SIRIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    2. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT SUCH EXCLUSIONS MAY NOT APPLY.

    3. IN ANY EVENT, SIRIN’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SIRIN SOFTWARE, YOUR DEVICE OR THIRD PARTY SOURCES SHALL NOT IN ANY CIRCUMSTANCE EXCEED ONE HUNDRED DOLLARS ($100).

  15. Indemnity. You agree to defend, indemnify and hold harmless Sirin and its affiliates, and its respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Sirin Software; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.

  16. Third Party Open Source Software. Portions of the Sirin Software may include third party open source software that is subject to third party terms and conditions (“Third Party Terms”). A list of any third party open source software and related Third Party Terms is available at Setting app\System\About phone\Legal Information. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything in this Agreement to the contrary, Sirin makes no warranty or indemnity hereunder with respect to any third party open source software.

  17. Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the Sirin Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

  18. Updates and Upgrades. We may from time to time provide updates or upgrades to the Sirin Software (each a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Sirin Software. All references herein to the Sirin Software shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original Sirin Software, unless the Revision is accompanied by a separate license agreement which will govern the Revision. To use the Sirin Software identified as an upgrade, you must first be licensed for the Sirin Software identified by Sirin as eligible for the upgrade. After upgrading, you may no longer use the Sirin Software that formed the basis for your upgrade eligibility.

  19. Term and Termination.

    1. This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Sirin Software; and/or (ii) terminate this Agreement and your use of the Sirin Software with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the Sirin Software in any way, your only recourse is to immediately discontinue use of the Sirin Software.

    2. Upon termination of this Agreement, you shall cease all use of the Sirin Software. This Section 16 and Sections 8 (Intellectual Property Rights), 11 (Privacy), 12 (Warranty Disclaimers), 13 (Third Party Sources and Content), 14 (Limitation of Liability), 15 (Indemnity), 16 (Third Party Open Source Software) and 20 (Assignment) to 23 (General) shall survive termination of this Agreement.

  20. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Sirin without restriction or notification.

  21. Modification. We reserve the right to modify this Agreement at any time by sending you a notification and/or publishing the revised Agreement on the Sirin Software. Such change will be effective ten (10) days following the foregoing notification thereof, and your continued use of the Sirin Software thereafter means that you accept those changes.

  22. Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of England without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in London, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.

  23. General. This Agreement, and any other legal notices published by us in connection with the Sirin Software, shall constitute the entire agreement between you and Sirin concerning the Sirin Software. In the event of a conflict between this Agreement and any of the foregoing, the terms of this Agreement shall prevail. No amendment to this Agreement will be binding unless in writing and signed by Sirin. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SIRIN SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.



Last updated: Aug 2018