This agreement (or “EULA”) is a legal agreement between the person, company or organization (“You”) that has licensed either Time Keeper, Time Keeper Light, or Time Keeper Collaborator (“Product”) and Richard Schilling of Seattle, Washington (“Licensor” or “Author”).
By using, copying, or distributing the Product (or allowing the same), you agree to be bound by the terms of this license.
You agree that you have obtained the Product only through Google’s software distribution platform (“Google Play Store”) or Amazon’s software distribution platform (“Amazon App Store”). The “Google Play Store” and “Amazon App Store” are referred to in this license as “Services”. By installing and/or using any Product provided by the Author, You are confirming your acceptance of this agreement and you are agreeing to become bound by the terms of this agreement.
The Product transacted through the Services or by any other means are licensed, not sold, to You for use only under the terms of this license. The Author reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.” The Licensed Application is to be used only on devices that operate with Google’s operating system (“Android”) and the aforementioned devices are referenced in this license as “Devices”. The Google Play Terms of Service and the Amazon App Store Terms of Service are referenced in this license as “Usage Rules”. The Licensed Application is also to be used only on Devices with a version of Android that was installed by the Original Equipment Manufacturer (“OEM”). Installing, using, or copying the Licensed Application onto any device that contains a custom operating system build (“Rooted Device”), or an emulated device (“Emulator”) automatically terminates this license.
a. Scope of License: This license granted to You for the Licensed Application by the Author is limited to a non-transferable license to use the Licensed Application on any Devices that You own or control and as permitted by the Usage Rules. This license does not allow You to use the Licensed Application on any Devices that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Author. If You breach this restriction, You may be subject to damages. The terms of the license will govern any upgrades provided by the Author that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that the Licensed Application may collect and store information that you enter into it on your behalf. The Licensed Application will collect and store and transmit information that you provide it in accordance to the Privacy Policy at https://timekeeper4android.wordpress.com/2013/01/14/time-keeper-privacy-policy/.
c. Termination. The license is effective until terminated by You or the Author. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third Party Materials. The Licensed Application may enable access to Author’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.
You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for any content that may be provided to you by the Services.
The Author does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. The Author does not guarantee the availability, accuracy, completeness, reliability, or timeliness of information stored or managed by the Application.
You further agree not to use the Application in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
The Author makes no representation that such Services and Materials are appropriate or available for use in any particular location or situation. To the extent You choose to utilize the Application, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. In no event will the Application Provider be liable for the removal of or disabling of access to any Services.
e. No Warranty: You expressly acknowledge and agree that use of the licensed application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the license application and any services performed or provided by the licensed application (“services”) are provided “as is” and “as available,” with all faults and without warranty of any kind, and application provider hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Application provider does not warrant against interference with your enjoyment of the licensed application, that the functions contained in, or services performed or provided by, the licensed application will meet your requirements, that the operation of the licensed application or services will be uninterrupted or error-free, or that effects in the licensed application or services will be corrected. No oral or written information or advice given by application provider or its authorized representative shall create a warranty. Should the licensed application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
f. Limitation of Liability. To the extent not prohibited by law, in no event shall application provider 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 licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if application provider has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liabilty for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
h. The Licensed Application 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 Commercial Computer Software and Commercial Computer Software 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. Unpublished-rights reserved under the copyright laws of the United States.
i. The laws of the State of Washington, U.S.A., excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
j. The Product is Copyright 2009 (c) Richard Schilling.
k. You agree that the data entered into the Application is owned by you and your sole responsibility. You also agree to backup, or copy your data on a regular basis and in such a manner that it will not be lost or destroyed if the Application fails to function or is modified and/or upgraded.
l. You agree that the software shall function in the manner intended by the Author.
k. This license may be updated at any time with or without notice at the sole discretion of the Author.
Navy Clock version 2.0 is finally being released. This release is long over due. It includes some great new features:
Time Keeper & Navy Clock for Android 