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Phonecheck End User License Agreement (EULA)

1. Overview

By downloading, installing, accessing, or using the Phonecheck software, you agree to the terms of this End User License Agreement (EULA). If you are accepting these terms on behalf of a company or another legal entity, you represent that you have the authority to bind that entity to these terms.

If you do not agree to these terms, please do not download, install, access, or use the software.

2. Definitions

  • “You” or "Licensee": Refers to the person or company purchasing and using the software.
  • “Phonecheck” or "We": Refers to Phonecheck Solutions, LLC.
  • “Software”: The Phonecheck software program you are licensing, including updates and modifications.
  • “Affiliates”: Any company controlled by, in control of, or under common control with another company.
  • “Direct Competitor”: Any business offering diagnostic mobile phone software that performs similar functions to Phonecheck.

3. License Grant

We give you a non-exclusive, non-transferable license to use the software for your internal operations. This means you can install and use the software only within your organization, as outlined in your purchase order. You cannot sell, distribute, or share the software with others.

4. Your Responsibilities

When using the software, you agree to:

  • Install it only on approved devices or systems.
  • Keep accurate records of how you use the software and provide them to us if requested.
  • Notify us if you become aware of unauthorized use of the software.
  • Not modify, reverse engineer, or attempt to copy the software.
  • Follow all applicable data protection laws while using the software.

5. Support and Training

You are entitled to standard customer support during normal business hours. For additional or premium support, you may purchase it separately at our current rates. Please refer to our Support Services Policy for the most current details.

6. Software Updates and Changes

We may update or modify the software from time to time. While we aim to improve functionality, we also reserve the right to discontinue certain features if necessary.

7. Term of the License

Refer to the signed agreement for further details on license usage and terms.

8. Intellectual Property

The software is owned by Phonecheck, and you are only granted the right to use it under this agreement. You don’t own the software, and you cannot transfer or sell your license.

9. Confidentiality

Both parties agree to keep each other’s confidential information private. Confidential information includes any non-public information shared during the term of this agreement. This obligation lasts for five years after the agreement ends.

10. Data Usage

You are responsible for ensuring the accuracy of any data or records submitted to Phonecheck. We will only use your data in an anonymized and aggregated form, ensuring no individual customer or user is identifiable.

11. Backup and Data Loss

It is your responsibility to back up any important data. Phonecheck is not liable for any data loss that occurs as a result of using our software. You agree to defend and indemnify Phonecheck in the event that your failure to back up data causes legal issues.

12. Phonecheck Warranties

We guarantee that the software will work as described in the documentation for 90 days after delivery. If there are any issues, our sole responsibility is to fix the software. Beyond this, the software is provided "as is," and we do not guarantee it will be free from errors or that it will protect against all threats.

13. Limitation of Liability

Phonecheck is not responsible for indirect, incidental, or consequential damages (like lost profits or data). Our maximum liability for any issue with the software will not exceed the amount you paid for the license.

14. Termination

Either party can terminate this agreement with 30 days' notice. If you breach the terms of this EULA, Phonecheck may terminate your license immediately. After termination, you must stop using the software and destroy any copies.

15. Miscellaneous

  • Severability: If any part of this agreement is found to be invalid, the rest of the agreement will remain in effect.
  • Force Majeure: We are not liable for delays caused by factors outside our control, such as natural disasters or government restrictions.
  • No Partnership: This agreement does not create a partnership or agency relationship between us.
  • Notices: Notices from either party must be in writing and can be sent by email or mail.
  • Export Control: You agree to comply with all export control laws when using the software.

16. Governing Law

This agreement is governed by the laws of the State of California. Any disputes will be handled in the courts located in Los Angeles, California.

Final Notes

Thank you for choosing Phonecheck! We are committed to providing you with the best possible experience. If you have any questions or need support, don’t hesitate to reach out to us at support@phonecheck.com.

Phonecheck Solutions, LLC.
12424 Wilshire Blvd., 12th Floor,
Los Angeles, CA 90025
(866) 399-3038
https://www.phonecheck.com/

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