Terms and Conditions

End User License Agreement

This copy of The Missing Calculator ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Edstrom Technologies or its subsidiaries, affiliates, and suppliers (collectively "Edstrom Technologies") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").

1. ACCEPTANCE

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.

2. USE OF SOFTWARE

a. Edstrom Technologies grants you the non-exclusive, non-transferable, limited right and license to install and use this Software Product solely and exclusively for your personal use. b. You may not use the Software Product in any manner that could damage, disable, overburden, or impair the Software Product (or servers or networks connected to the Software Product), nor may you use the Software Product in any manner that could interfere with any other party’s use and enjoyment of the Software Product (or servers or networks connected to the Software Product). c. You agree that you are solely responsible for (and that Edstrom Technologies has no responsibility to you or to any third party for) your use of the Software Product, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which Edstrom Technologies may suffer) of any such breach.

3. PROPRIETARY RIGHTS

You acknowledge that (a) the Software Product contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Edstrom Technologies and/or third parties own all right, title and interest in and to the Software Product and content, excluding content provided by you, that may be presented or accessed through the Software Product, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software Product or content that may be presented or accessed through the Software Product for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Software Product, (iii) use the Software Product to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Edstrom Technologies’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software Product.

4. EXPORT RESTRICTIONS

The Software Product may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.

5. INDEMNITY

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Edstrom Technologies, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Software Product, including your downloading, installation, or use of the Software Product, or your violation of these Terms and Conditions.

6. DISCLAIMER OF WARRANTIES

a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE SOFTWARE PRODUCT IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND. b. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. c. EDSTROM TECHNOLOGIES FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE PRODUCT.

7. USE OF SOFTWARE AT USER'S OWN RISK

THE SOFTWARE PRODUCT AND SERVICES ARE NOT FAA CERTIFIED AND MUST NOT BE USED FOR PRIMARY NAVIGATION. THE SOFTWARE PRODUCT AND SERVICES MAY NOT BE USED FOR SAFETY OF LIFE APPLICATIONS, OR FOR ANY OTHER APPLICATION IN WHICH THE ACCURACY OR RELIABILITY OF THE SOFTWARE PRODUCT OR SERVICES COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR. THE SOFTWARE PRODUCT IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE SOFTWARE PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY, FINANCIAL LOSS, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. DO NOT ATTEMPT TO CONFIGURE THE SOFTWARE PRODUCT OR INPUT INFORMATION WHILE DRIVING. FAILURE TO PAY FULL ATTENTION TO THE OPERATION OF YOUR VEHICLE COULD RESULT IN DEATH, SERIOUS INJURY, OR PROPERTY DAMAGE. BY USING THE SOFTWARE PRODUCT, YOU ASSUME ALL RESPONSIBILITY AND RISK.

8. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EDSTROM TECHNOLOGIES OR ITS LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EDSTROM TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Edstrom Technologies' total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the price paid for the Software Product. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

9. EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Edstrom Technologies may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Edstrom Technologies’ and its licensors’ liability shall be the minimum permitted under such applicable law.

10. CONSENT TO USE OF DATA

a. You agree that, with your permission, Edstrom Technologies may collect technical data and information related to the Software Product including error and crash reports. Edstrom Technologies may use third-party systems and other companies to collect and analyze the collected information. b. Edstrom technologies may use this information solely to improve its products or to provide customized services or technologies to you. Neither Edstrom Technologies or any third-party companies will disclose any information except where required by law. c. Edstrom Technologies may collect and use this information provided it is in a form that does not personally identify you. d. You acknowledge that when you use this Application, your wireless carrier may charge you fees for data, messaging and/or other wireless access for transmitting this information. Check with your carrier to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS APPLICATION FROM YOUR MOBILE DEVICE. d. You may opt-out of this data collection by changing the setting in the application properties, there may still be other services which use data and could incur fees.

11. TERMINATION

These Terms and Conditions will continue to apply until terminated by either you or Edstrom Technologies as set forth below. You may terminate these Terms and Conditions at any time by permanently deleting the Software Product from your mobile device in its entirety. Your rights automatically and immediately terminate without notice from Edstrom Technologies or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Software Product.

12. U.S. GOVERNMENT END USERS

The Software Product and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Software Product and related documentation are being licensed to U.S. Government end users (a) only as “Commercial Items,” and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

13. MISCELLANEOUS

This License will be governed by and construed in accordance with the laws of the State of Washington, as applied to agreements entered into and to be performed entirely within Washington between Washington residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

Edstrom Technologies reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Software Product following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

This License constitutes the entire agreement between the parties with respect to the use of the Software Product licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Edstrom Technologies. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

End-User Terms Required by Apple.

You acknowledge and agree that (i) this EULA is concluded between you and Edstrom Technologies, and not Apple, Inc. (“Apple”); (ii) Edstrom Technologies and its licensors, and not Apple, are solely responsible for the Software Product; (iii) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Software Product; (iv) in the event of any failure of the Software Product to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Software Product; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software Product; (vi) Apple is not responsible for any claims that you have arising out of your use of the Software Product; (vii) Apple will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third-party claim that the Software Product infringes that third party’s intellectual property rights; and (viii) Apple and its subsidiaries are third party beneficiaries of this EULA and, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) as third party beneficiary to enforce this EULA against you. 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.