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- Modifications/Termination. The terms of this agreement will not be modified on an individual basis. You agree that we may modify the terms of this Agreement (or discontinue this site) in our sole discretion, without advance notice, and that your right to access this site is conditioned on an ongoing basis with your compliance with the then-current version of these Terms and Conditions. You should therefore visit this page frequently.
- Jurisdiction.This Web site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. In the event of any dispute arising out of or relating to this site, you agree that the exclusive venue for litigating disputes shall be in state or federal court in Indianapolis, Indiana.
No, You May Not Use Our Images of Works Without Our Permission!
We work hard to create amazing things for wonderful people. We don't tolerate intellectual or product theft!
It has become a “normal” practice to “use” copyrighted material, then when caught offer an apology then offer to remove the work and all ends well. Not with us. In short, don’t use our stuff illegally or without our permission or we will come after you. However, if you, your company or anything or anyone else chooses to illegally use any of our works without our written permission as outlined in our copyright notice, you and any other associated person or company involved agree to pay Explorers Like Us the sum on one-million US dollars per infraction per work and/or individual cumulatively on our demand and agree you shall relinquish all personal and organizational legal rights including the right to challenge, mitigate, eliminate or bankrupt your debt to us in any court of law in any country. You also agree to relinquish your rights to claim you were working as an assignee, contract or in any other capacity of a legal entity and therefore have no rights or obligations imparted because of your relationship with any other entity or person. In other words, you relinquish your rights to claim any rights, exclusions or exceptions as an individual and agree that you are personally as well beyond the corporate veil. Your payment for using our work without authorization must be paid within 14 days of our demand. After that point, we shall seek immediate judgement relief against you by attaching and disposing of your assets, for which you agree to be responsible for all costs associated with such collection activities. This agreement shall extend not only to companies and other legal entities, but also the individual(s) on a personal basis responsible for the illegal usage of our works. By using our work without our written permission as outlined in our copyright notice, you hereby agree to be bound by all of these terms and conditions unconditionally. This agreement is made under the laws and shall be prosecuted within the state of Indiana.
All material contained within this website are Copyright ©2016-2017 Explorers Like Us, LLC. All rights reserved worldwide. No part or content of this publication may be reproduced, distributed, or transmitted in any form or by any means, including distribution, copying, scraping, photocopying, recording, transmission or through the use of any other electronic or mechanical methods, without the prior written permission (email permissions are never offered nor granted) of White+Lines Gallery and Explorers Like Us Cinema and Sound, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. For permission requests, write to the publisher, addressed “Attention: Permissions Coordinator,” at the address below.
Explorers Like Us, LLC
PO Box 6335
Fishers, IN 46038
Life Environments License and Usage Agreement
IF YOU LIVE IN (OR IF YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 10. IT AFFECTS HOW DISPUTES ARE RESOLVED.
Thank you for choosing Explorers Like Us!
Depending on how you obtained the Life Environments™ software and media files, this is a license agreement between (i) you and the device manufacturer or software installer that distributes the software with your device; or (ii) you and Explorers Like Us LLC (or, based on where you live or if a business where your principal place of business is located, one of its affiliates) if you acquired the software from a retailer. Explorers Like Us is the device manufacturer for devices produced by Explorers Like Us or one of its affiliates, and Explorers Like Us is the retailer if you acquired the software directly from Explorers Like Us.
This agreement describes your rights and the conditions upon which you may use the Life Environments™ software owned by Explorers Like Us LLC. You should review the entire agreement, including any supplemental license terms that accompany the software and any linked terms, because all of the terms are important and together create this agreement that applies to you. You can review linked terms by pasting the (ExplorersLikeUs.com/) link into a browser window.
By accepting this agreement and/or using the software, you agree to all of these terms, and consent to the transmission of certain information during activation and during your use of the software as per the privacy statement described in Section 3. If you do not accept and comply with these terms, you may not use the software or its features. You may contact the device manufacturer or installer, or your retailer if you purchased the software directly, to determine its return policy and return the software or device for a refund or credit under that policy. You must comply with that policy, which might require you to return the software with the entire device on which the software is installed for a refund or credit, if any.
- Applicability. This agreement applies to the Life Environments™ software that is preinstalled on your device, or acquired from a retailer and installed by you, the media on which you received the software (if any), any fonts, icons, images or sound files included with the software, and also any Explorers Like Us updates, upgrades, supplements or services for the software, unless other terms come with them. It also applies to Life Environments™ apps developed by Explorers Like Us that provide functionality such as mail, contacts, music and photos that are included with and are a part of Life Environments™. If this agreement contains terms regarding a feature or service not available on your device, then those terms do not apply.
- Additional terms. Additional Explorers Like Us and third-party terms may apply to your use of certain features, services and apps, depending on your device’s capabilities, how it is configured, and how you use it. Please be sure to read them.
(ii) Explorers Like Us, the manufacturer or installer may include additional apps, which will be subject to separate license terms and privacy policies.
(iii) The software includes Adobe Flash Player that is licensed under terms from Adobe Systems Incorporated at (ExplorersLikeUs.com/adobeflash). Adobe and Flash are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
(iv) The software may include third party programs that are licensed to you under this agreement, or under their own terms. License terms, notices and acknowledgements, if any, for the third party programs can be viewed at (ExplorersLikeUs.com/thirdpartynotices).
(v) To the extent included with Life Environments™, other applications may be licensed for your personal, non-commercial use, unless you have commercial use rights under a separate agreement.
- Use Rights.
- License. The software is licensed, not sold. Under this agreement, we grant you the right to run one instance of the software on your device (the licensed device), for use by one person at a time, so long as you comply with all the terms of this agreement. Updating or upgrading from non-genuine software with software from Explorers Like Us or authorized sources does not make your original version or the updated/upgraded version genuine, and in that situation, you do not have a license to use the software.
- Device.In this agreement, “device” means a hardware system (whether physical or virtual) with an internal storage or operational device capable of running the software. A hardware partition or blade is considered to be a device.
- Restrictions.The manufacturer or installer and Explorers Like Us reserve all rights (such as rights under intellectual property laws) not expressly granted in this agreement. For example, this license does not give you any right to, and you may not:
(i) use or virtualize features of the software separately;
(ii) publish, copy, rent, lease, or lend the software;
(iii) transfer the software (except as permitted by this agreement);
(iv) work around any technical restrictions or limitations in the software;
(v) use the software as server software, for commercial hosting, make the software available for simultaneous use by multiple users over a network, install the software on a server and allow users to access it remotely, or install the software on a device for use only by remote users;
(vi) reverse engineer, decompile, or disassemble the software, or attempt to do so, except and only to the extent that the foregoing restriction is (a) permitted by applicable law; (b) permitted by licensing terms governing the use of open-source components that may be included with the software; or (c) required to debug changes to any libraries licensed under the GNU Lesser General Public License which are included with and linked to by the software; and
(vii) when using Internet-based features you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner.
- Multi use scenarios.
(i) Multiple versions. If when acquiring the software you were provided with multiple versions (such as 32-bit and 64-bit versions), you may install and activate only one of those versions at a time.
(ii) Multiple or pooled connections. Hardware or software you use to multiplex or pool connections, or reduce the number of devices or users that access or use the software, does not reduce the number of licenses you need. You may only use such hardware or software if you have a license for each instance of the software you are using.
(iii) Device connections. You may allow up to 1 other devices to access the software installed on the licensed device for the purpose of using the following software features: Internet connection sharing and telephony services on the licensed device. You may allow no other devices to access the software on the licensed device to synchronize data between devices. This section does not mean, however, that you have the right to install the software, or use the primary function of the software (other than the features listed in this section), on any of these other devices.
(iv) Use in a virtualized environment. This license allows you to install only one instance of the software for use on one device by one person, whether that device is physical or virtual. If you want to use the software on more than one virtual device, you must obtain a separate license for each instance.
(v) Remote access. No more than once every 90 days, you may designate a single user who physically uses the licensed device as the licensed user. The licensed user may access the licensed device from another device using remote access technologies. Other users, at different times, may access the licensed device from another device using remote access technologies, but only on devices separately licensed to run the same or higher edition of this software.
(vi) Remote assistance. You may use remote assistance technologies to share an active session without obtaining any additional licenses for the software. Remote assistance allows one user to connect directly to another user’s computer, usually to correct problems.
- Backup copy.You may make a single copy of the software without the video or sound files and media for backup purposes, and may also use that backup copy to transfer the software if it was acquired as stand-alone software, as described in Section 4 below.
- Privacy; Consent to Use of Data. Your privacy is important to us. Some of the software features send or receive information when using those features. Many of these features can be switched off in the user interface, or you can choose not to use them. By accepting this agreement and using the software you agree that Explorers Like Us may collect, use, and disclose the information as described in the Explorers Like Us Privacy Statement (ExplorersLikeUs.com/ your-privacy-matters-here/), and as may be described in the user interface associated with the software features.
- Software preinstalled on device. If you acquired the software preinstalled on a device (and also if you upgraded from software preinstalled on a device), you may transfer the license to use the software directly to another user, only with the licensed device. The transfer must include the software and, if provided with the device, an authentic Life Environments™ label including the product key. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software.
- Stand-alone software. If you acquired the software as stand-alone software (and also if you upgraded from software you acquired as stand-alone software), you may transfer the software to another device that belongs to you. You may also transfer the software to a device owned by someone else if (i) you are the first licensed user of the software and (ii) the new user agrees to the terms of this agreement. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Every time you transfer the software to a new device, you must remove the software from the prior device. You may not transfer the software to share licenses between devices.
- Authorized Software and Activation. You are authorized to use this software only if you are properly licensed and the software has been properly activated by authorized method. When you connect to the Internet while using the software, the software will automatically contact Explorers Like Us or its affiliate to conduct activation to associate it with a certain device. You can also activate the software manually by Internet or telephone. In either case, transmission of certain information will occur, and Internet, telephone and SMS service charges may apply. During activation (or reactivation that may be triggered by changes to your device’s components), the software may determine that the installed instance of the software is counterfeit, improperly licensed or includes unauthorized changes. If activation fails, the software will attempt to repair itself by replacing any tampered Explorers Like Us software with genuine Explorers Like Us software. You may also receive reminders to obtain a proper license for the software. Successful activation does not confirm that the software is genuine or properly licensed. You may not bypass or circumvent activation. To help determine if your software is genuine and whether you are properly licensed. Certain updates, support, and other services might only be offered to users of genuine Explorers Like Us software.
- Updates. The software periodically checks for system and app updates, and downloads and installs them for you. You may obtain updates only from Explorers Like Us, and Explorers Like Us may need to update your system to provide you with those updates. By accepting this agreement, you agree to receive these types of automatic updates without any additional notice.
- Downgrade Rights. None apply with Life Environments™.
- Geographic and Export Restrictions. If your software is restricted for use in a particular geographic region, then you may activate the software only in that region. You must also comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use. If we find you have purchased a product illegally, we reserve the right to terminate your service without advanced notice and not refund any monies paid for our service.
- Support and Refund Procedures.
- For software preinstalled on a device. For the software generally, contact the device manufacturer or installer for support options. Refer to the support number provided with the software. For updates and supplements obtained directly from Explorers Like Us, Explorers Like Us may provide limited support services for properly licensed software. We do not provide device, Internet or operating systems support. If you are seeking a refund, contact the manufacturer or installer to determine its refund policies. You must comply with those policies, which might require you to return the software with the entire device on which the software is installed for a refund.
- For software acquired from a retailer. Explorers Like Us provides limited support services for properly licensed software. If you purchased the software from a retailer and are seeking a refund, and you cannot obtain one where you acquired the software, contact Explorers Like Us for information about Explorers Like Us’ refund policies. In North America, call (518) 693.7014.
- Binding Arbitration and Class Action Waiver if You Live in (or if a Business Your Principal Place of Business is in) the United States.
We hope we never have a dispute, but if we do, you and we agree to try for 180 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes Explorers Like Us, the device manufacturer, and software installer.
- Disputes covered—everything except IP.The term “dispute” is as broad as it can be. It includes any claim or controversy between you and the manufacturer or installer, or you and Explorers Like Us, concerning the software, its price, or this agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
- Mail a Notice of Dispute first.If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to the manufacturer or installer, ATTN: LEGAL DEPARTMENT. If your dispute is with Explorers Like Us, mail it to Explorers Like Us LLC, ATTN: LCA ARBITRATION, PO Box 6335, Fishers, in 46038. Tell us your name, address, how to contact you, what the problem is, and what you want. We’ll do the same if we have a dispute with you. After 180 days, you or we may start an arbitration if the dispute is unresolved.
- Small claims court option. Instead of mailing a Notice of Dispute, and if you meet the court’s requirements, you may sue us in small claims court in our county of our principle place of business – Hamilton County, Indiana USA if your dispute is with Explorers Like Us. We hope you’ll mail a Notice of Dispute and give us 180 days to try to work it out, but you don’t have to before going to small claims court.
- Arbitration procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the software for personal or household use, or if the value of the dispute is $75,000 USD or less whether or not you are an individual or how you use the software, its Consumer Arbitration Rules). In a dispute involving $25,000 USD or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in our principal place of business—Hamilton County, Indiana if your dispute is with Explorers Like Us. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.
- Arbitration fees and payments.
(i) Explorers Like Us Cinema and Sound does not pay arbitration fees beyond our own associated costs.
(ii) Disputes involving any amount. If you start an arbitration we won’t seek our AAA or arbitrator’s fees and expenses, or your filing fees we reimbursed, unless the arbitrator finds the arbitration frivolous or brought for an improper purpose or you do not win arbitration. If we start an arbitration we will pay our filing, AAA, and arbitrator’s fees and expenses. If you do not prevail in arbitration, you agree to reimburse all fees and expenses within 30 days of notification date. Fees and expenses are not counted in determining how much a dispute involves.
- Must file within one year.You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes — see Section 10.a.) within one year from when it first could be filed. Otherwise, it’s permanently barred.
- Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of Section 10 is found to be illegal or unenforceable, that provision will be severed but the rest of Section 10 still applies.
- Conflict with AAA rules.This agreement governs if it conflicts with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
- Explorers Like Us as party or third-party beneficiary.If Explorers Like Us is the device manufacturer or if you acquired the software from a retailer, Explorers Like Us is a party to this agreement. Otherwise, Explorers Like Us is not a party but is a third-party beneficiary of your agreement with the manufacturer or installer to resolve disputes through informal negotiation and arbitration.
- Governing Law. The laws of the state of Indiana govern all claims and disputes concerning the software, its price, or this agreement, including breach of contract claims and claims under consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort, regardless of conflict of law principles. In the United States, the FAA governs all provisions relating to arbitration.
- Consumer Rights, Regional Variations.This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. You may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
- Australia. References to “Limited Warranty” are references to the express warranty provided by 8Explorers Like Us or the manufacturer or installer. This warranty is given in addition to other rights and remedies you may have under law, including your rights and remedies in accordance with the statutory guarantees under the Australian Consumer Law.
In this section, “goods” refers to the software for which Explorers Like Us or the manufacturer or installer provides the express warranty. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- Canada. You may stop receiving updates on your device by turning off Internet access. If and when you re-connect to the Internet, the software will resume checking for and installing updates.
- European Union. The academic use restriction in Section 13.d(i) below does not apply in any jurisdiction.
- Germany and Austria.
(i) Warranty. The properly licensed software will perform substantially as described in any Explorers Like Us materials that accompany the software. However, the manufacturer or installer, and Explorers Like Us, give no contractual guarantee in relation to the licensed software.
(ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, the manufacturer or installer, or Explorers Like Us is liable according to the statutory law.
Subject to the preceding sentence, the manufacturer or installer, or Explorers Like Us will only be liable for slight negligence if the manufacturer or installer or Explorers Like Us is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, the manufacturer or installer or Explorers Like Us will not be liable for slight negligence.
- Other regions. No regional variations apply to this agreement.
- Additional Notices.
- Networks, data and Internet usage. Some features of the software and services accessed through the software may require your device to access the Internet. Your access and usage (including charges) may be subject to the terms of your cellular or internet provider agreement. Certain features of the software may help you access the Internet more efficiently, but the software’s usage calculations may be different from your service provider’s measurements. You are always responsible for (i) understanding and complying with the terms of your own plans and agreements, and (ii) any issues arising from using or accessing networks, including public/open networks. You may use the software to connect to networks, and to share access information about those networks, only if you have permission to do so.
- H.264/AVC and MPEG-4 visual standards and VC-1 video standards. The software may include H.264/MPEG-4 AVC and/or VC-1 decoding technology. MPEG LA, L.L.C. requires this notice:
THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, AND THE MPEG-4 PART 2 VISUAL PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1, AND MPEG-4 PART 2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C.
- Malware protection.Explorers Like Us cares about protecting your device from malware. The software will turn on malware protection if other protection is not installed or has expired. To do so, other antimalware software will be disabled or may have to be removed.
- Limited rights versions.If the software version you acquired is marked or otherwise intended for a specific or limited use, then you may only use it as specified. You may not use such versions of the software for commercial, non-profit, or revenue-generating activities.
(i) Academic. Academic use is not a provision or applicable use of Life Environments™ products.
(ii) Evaluation. For evaluation (or test or demonstration) use, you may not sell the software, use it in a live operating environment, or use it after the evaluation period. Notwithstanding anything to the contrary in this Agreement, evaluation software is provided “AS IS” and no warranty, implied or express (including the Limited Warranty), applies to these versions.
(iii) NFR. This is not applicable with Life Environments™ software.
(iv) Preview. You may choose to use preview, insider, beta or other pre-release versions of the software (“previews”) that Explorers Like Us may make available. You may use previews only up to the software’s expiration date and so long as you comply with all the terms of this agreement. Previews are experimental and may be substantially different from the commercially released version. Notwithstanding anything to the contrary in this agreement, previews are provided “AS IS,” and no warranty, implied or express (including the Limited Warranty), applies to these versions. By installing previews on your device, you may void or impact your device warranty and may not be entitled to support from the manufacturer of your device or network operator, if applicable. Explorers Like Us is not responsible for any damage thereby caused to you. Explorers Like Us may not provide support services for previews. If you provide Explorers Like Us comments, suggestions or other feedback about the preview (“submission”), you grant Explorers Like Us and its partners rights to use the submission in any way and for any purpose.
- Entire Agreement. This agreement (together with the printed paper license terms or other terms accompanying any software supplements, updates, and services that are provided by the manufacturer or installer, or Explorers Like Us, and that you use), and the terms contained in web links listed in this agreement, are the entire agreement for the software and any such supplements, updates, and services (unless the manufacturer or installer, or Explorers Like Us, provides other terms with such supplements, updates, or services). You can also review the terms at any of the links in this agreement by typing the URLs into a browser address bar, and you agree to do so. You agree that you will read the terms before using the software or services, including any linked terms. You understand that by using the software and services, you ratify this agreement and the linked terms. There are also informational links in this agreement. The links containing notices and binding terms are:
- Explorers Like Us Privacy Statement (ExplorersLikeUs.com/your-privacy-matters-here/)
The device manufacturer or installer warrants that properly licensed software will perform substantially as described in any Explorers Like Us materials that accompany the software. If you obtain updates or supplements directly from Explorers Like Us during the 90-day term of this limited warranty, Explorers Like Us provides this limited warranty for them. This limited warranty does not cover problems that you cause, that arise when you fail to follow instructions, or that are caused by events beyond the reasonable control of the manufacturer or installer, or Explorers Like Us. The limited warranty starts when the first user acquires the software and lasts for 90 days. Any supplements, updates, or replacement software that you may receive from the manufacturer or installer, or Explorers Like Us, during that 90-day period are also covered, but only for the remainder of that 90-day period or for 30 days, whichever is longer. Transferring the software will not extend the limited warranty.
An integral part of this warranty is that you use this product appropriately. You agree to never use this product in any activity where your attention, consideration or responsiveness is required (e.g. driving, operating machinery of any type, etc.). You also agree to use this product only in a location that is safe and where you would not be imperiled or you could imperil others or property by the inability to hear sound when wearing any hearing device that may insulate you to any degree from external noise, acoustics or stimuli. You also agree that if you have or might have (either suspected, diagnosed or undiagnosed), any condition or reaction which could be adverse to your health or safety or that of anyone else around you by your use of this product (motion disorders, psychological disorders, etc.), you will not use this product. You also agree that you will not use this product if it causes you distress in any manner or degree or if your competent licensed healthcare professional advises against its use.
Life Environments™ products and statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease. *Consult your physician before using this product.
The manufacturer or installer, and Explorers Like Us, give no other express warranties, guarantees, or conditions or acceptability for any specific use. The manufacturer or installer, and Explorers Like Us, exclude all implied warranties and conditions, including those of merchantability, fitness for a particular purpose, and non-infringement. If your local law does not allow the exclusion of implied warranties, then any implied warranties, guarantees, or conditions last only during the term of the limited warranty and are limited as much as your local law allows. If your local law requires a longer limited warranty term, despite this agreement, then that longer term will apply, but you can recover only the remedies this agreement allows.
If the manufacturer or installer, or Explorers Like Us, breaches its limited warranty, it will, at its election, either: (i) repair or replace the software at no charge, or (ii) accept return of the software (or at its election the device on which the software was preinstalled) for a refund of the amount paid, if any. The manufacturer or installer (or Explorers Like Us if you acquired them directly from Explorers Like Us), may also repair or replace supplements, updates, and replacement of the software or provide a refund of the amount you paid for them, if any. These are your only remedies for breach of warranty. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state or country to country.
Except for any repair, replacement, or refund the manufacturer or installer, or Explorers Like Us, may provide, you may not under this limited warranty, under any other part of this agreement, or under any theory recover any damages or other remedy, including lost profits or direct, consequential, special, indirect, or incidental damages. The damage exclusions and remedy limitations in this agreement apply even if repair, replacement or a refund does not fully compensate you for any losses, if the manufacturer or installer, or Explorers Like Us, knew or should have known about the possibility of the damages, or if the remedy fails of its essential purpose. Some states and countries do not allow the exclusion or limitation of incidental, consequential, or other damages, so those limitations or exclusions may not apply to you. If your local law allows you to recover damages from the manufacturer or installer, or Explorers Like Us, even though this agreement does not, you cannot recover more than you paid for the software (or up to $50 USD if you acquired the software for no charge).
For service or refund, you must provide your proof of purchase and comply with the manufacturer’s or installer’s return policies, which might require you to return the software with the entire device on which the software is installed; the certificate of authenticity label including the product key (if provided with your device) must remain affixed.
Contact the manufacturer or installer at the address or toll-free telephone number provided with your device to find out how to obtain warranty service for the software. If Explorers Like Us is your device manufacturer or if you acquired the software from a retailer, contact Explorers Like Us at:
- United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States or Canada, contact Explorers Like Us via telephone at (518) 693.7014; via mail at Explorers Like Us Customer Service and Support, Box 6335, Fishers, IN 46038.
- Europe, Middle East, and Africa. If you acquired the software in Europe, the Middle East, or Africa, contact Explorers Like Us via telephone at (518) 693.7014; via mail at Explorers Like Us Customer Service and Support, Box 6335, Fishers, IN 46038.
- Australia. If you acquired the software in Australia, contact Explorers Like Us via telephone at (518) 693.7014; via mail at Explorers Like Us Customer Service and Support, Box 6335, Fishers, IN 46038.
- Other countries. If you acquired the software in another country, contact Explorers Like Us via telephone at (518) 693.7014; via mail at Explorers Like Us Customer Service and Support, Box 6335, Fishers, IN 46038.
[Warranty provision for Mobile SKU]
THE SOFTWARE ON YOUR DEVICE (INCLUDING THE APPS) IS LICENSED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY YOUR LOCAL LAWS, YOU BEAR THE ENTIRE RISK AS TO THE SOFTWARE’S QUALITY AND PERFORMANCE. SHOULD IT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL SERVICING OR REPAIR. NEITHER THE DEVICE MANUFACTURER NOR EXPLORERS LIKE US GIVES ANY EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS FOR THE SOFTWARE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, THE MANUFACTURER AND EXPLORERS LIKE US EXCLUDE ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER LOCAL LAWS THAT THESE TERMS CANNOT CHANGE.
IF YOUR LOCAL LAWS IMPOSE A WARRANTY, GUARANTEE, OR CONDITION EVEN THOUGH THIS AGREEMENT DOES NOT, ITS TERM IS LIMITED TO 30 DAYS FROM WHEN THE FIRST USER ACQUIRES THE SOFTWARE. IF THE MANUFACTURER OR EXPLORERS LIKE US BREACHES SUCH A WARRANTY, GUARANTEE, OR CONDITION, YOUR SOLE REMEDY, AT THE MANUFACTURER’S OR EXPLORERS LIKE US’S ELECTION, IS (I) REPAIR OR REPLACEMENT OF THE SOFTWARE AT NO CHARGE, OR (II) RETURN OF THE SOFTWARE (OR AT ITS ELECTION THE DEVICE ON WHICH THE SOFTWARE WAS INSTALLED) FOR A REFUND OF THE AMOUNT PAID, IF ANY. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF A WARRANTY, GUARANTEE, OR CONDITION YOUR LOCAL LAWS IMPOSE.
TO THE EXTENT NOT PROHIBITED BY YOUR LOCAL LAWS, IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES, YOU CAN RECOVER FROM THE MANUFACTURER OR EXPLORERS LIKE US ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE (OR UP TO $50 USD IF YOU ACQUIRED THE SOFTWARE FOR NO CHARGE). YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES OR REMEDY, INCLUDING LOST PROFITS AND DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES, UNDER ANY PART OF THIS AGREEMENT OR UNDER ANY THEORY. THIS LIMITATION APPLIES TO (I) ANYTHING RELATED TO THIS AGREEMENT, THE SOFTWARE (INCLUDING THE APPS), THE DEVICE, SERVICES, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE DATA, CONTENT (INCLUDING CODE) ON THIRD PARTY INTERNET SITES OR THIRD PARTY PROGRAMS, AND (II) CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT; VIOLATION OF A STATUTE OR REGULATION; UNJUST ENRICHMENT; OR UNDER ANY OTHER THEORY.
THE DAMAGE EXCLUSIONS AND REMEDY LIMITATIONS IN THIS AGREEMENT APPLY EVEN IF YOU HAVE NO REMEDY (THE SOFTWARE IS LICENSED “AS IS”), IF REPAIR, REPLACEMENT, OR A REFUND (IF REQUIRED BY YOUR LOCAL LAW) DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES, IF THE MANUFACTURER OR EXPLORERS LIKE US KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES, OR IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Check with your device manufacturer to determine if your device is covered by a warranty.