Service Rifle Scoring License Agreement

Service Rifle Scoring License Agreement and Terms of Use

PLEASE READ THE FOLLOWING LICENSE AGREEMENT

LAST MODIFIED DATE: 08/21/2017

This License Agreement is found online at: http://harlie.com/service-rifle-scoring-license-agreement

DISCLAIMER

Read this License Agreement (“Agreement”) carefully before clicking the “I Agree” button,
or using the mobile Application Service Rifle Scoring (“Application”).

BY CLICKING THE “I AGREE” BUTTON, OR USING THE APPLICATION, YOU ARE AGREEING TO BE BOUND BY THIS LICENSE AGREEMENT AND OUR PRIVACY POLICY.

If you do not agree to the terms of this License Agreement, or our Privacy Policy, do not click on the “I Agree” button and do not install, retain or use the Application.

LICENSE

Subject to the terms and conditions of this Agreement, including payment of any/all applicable fees, Smartvariables.com grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

RESTRICTIONS

You, the (“Licensee”) use the Application entirely at your own risk.

YOU AGREE TO NEVER OPERATE OR VIEW THE APPLICATION WHILE HANDLING A GUN.

SMARTVARIABLES.COM IS NOT RESPONSIBLE FOR DEATH, OR INJURY, OR LOSS OR DAMAGE OF PROPERTY, OR EXPENSE INCURRED AS A RESULT OF VIEWING OR USING OR NOT USING THE APPLICATION.

Licensee agrees not to, and will not permit others to:

(a) license, sub-license, sell, rent, lease, loan, assign, distribute, transmit, transfer, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party;

(b) prepare derivative works from, modify, copy or use the Application in any manner except as expressly permitted in this Agreement;

(c) attempt to circumvent, disable or defeat the limitations on use of the Application;

(d) alter the Application in any way, including reconfiguration of the Application.

MODIFICATIONS TO THE APPLICATION

Smartvariables.com reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

TERM AND TERMINATION

This Agreement shall remain in effect until terminated by you or Smartvariables.com.

Smartvariables.com may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
At such a time, all affected copies of the Application will be rendered inoperable.

This Agreement will terminate immediately, without prior notice from Smartvariables.com, in the event that you fail to comply with any provision of this Agreement.
You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device.

Upon termination of this Agreement, Licensee shall cease all use of the Application and delete all copies of the Application from your mobile device.

All payment obligations shall survive any termination or expiration of this Agreement.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SMARTVARIABLES.COM OR ANY OF ITS PARTNERS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INJURY, DAMAGE, DEATH, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION, WHETHER ALLEGED AS A BREACH OF CONTRACT OR WRONGFUL CONDUCT, INCLUDING NEGLIGENCE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SMARTVARIABLES.COM IS NOT RESPONSIBLE AND DISCLAIMS ALL LIABILITY FOR ANY DAMAGE, INJURY, DEATH, DELAY, OR FAILURE RESULTING FROM SUCH PROBLEMS. THE APPLICATION CLOUD SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, INACCESSIBILITY AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET. YOU ARE FULLY RESPONSIBLE FOR INTERNET ACCESS AND CONNECTIVITY.

WARRANTY DISCLAIMER

THE APPLICATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMARTVARIABLES.COM AND ITS PARTNERS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE APPLICATION SOFTWARE, DOCUMENTATION, MATERIALS, OR SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SMARTVARIABLES.COM AND ITS PARTNERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE APPLICATION, DOCUMENTATION, AND SERVICES PROVIDED BY SMARTVARIABLES.COM. ADDITIONALLY, SMARTVARIABLES.COM DOES NOT WARRANT RESULTS OF USE OR THAT THE APPLICATION SOFTWARE AND/OR CLOUD SERVICES WILL BE ERROR FREE OR THAT THE CUSTOMER’S USE OF THE APPLICATION WILL BE UNINTERRUPTED. SMARTVARIABLES.COM USES A THIRD PARTY DATA CENTER TO HOST CLOUD SERVICES. CUSTOMER ACKNOWLEDGES THAT SMARTVARIABLES.COM DOES NOT CONTROL THE TRANSFER OF DATA OVER SUCH THIRD PARTY FACILITIES, INCLUDING THE INTERNET, AND THAT THE APPLICATION’S CLOUD SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH THIRD PARTY FACILITIES. SMARTVARIABLES.COM IS NOT RESPONSIBLE FOR ANY DAMAGE, INJURY, DEATH, DELAYS, FAILURES, OR OTHER CLAIMS OF ANY KIND RESULTING FROM APPLICATION USE OR NON-USE.

DAMAGE CAP

IN NO EVENT SHALL SMARTVARIABLES.COM’S OR ITS PARTNER’S AGGREGATE, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNTS CUSTOMER WAS REQUIRED TO PAY SMARTVARIABLES.COM UNDER THIS AGREEMENT FOR THE APPLICATION SOFTWARE AND/OR SERVICES GIVING RISE TO SUCH LIABILITY, IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

CUSTOMER AGREES THAT THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS ARE REASONABLE AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.

FEES

In any judicial proceeding between Licensee and Smartvariables.com arising out of or relating to this Agreement, the prevailing party shall be entitled to recover all reasonable expenses incurred as a result of the proceeding, including reasonable attorneys’ fees.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction. Any disputes between the parties to this Agreement shall be brought in the state or federal courts of California. Both parties agree to waive their right to a jury trial.

INDEMNIFICATION

Licensee shall indemnify and hold Smartvariables.com, its owners, partners, affiliates, officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to any third party claims, demands, losses, costs, or other damages, which may result from personal injury, death, or property damage related to the Application and/or use of the Application and/or the Application’s Data, provided that:

(a) Licensee is notified promptly of any product liability claims,

(b) gives Licensee sole control of the defense and settlement of the claim (provided that any settlement releases Smartvariables.com of all liability and such settlement does not affect Smartvariables.com’s business),

(c) all indemnified parties cooperate to the extent necessary in the defense of any product liability claims,

(d) Licensee has not compromised or settled such claim.

REMOTE APPLICATION CONFIGURATION

The Application uses the Google/Firebase remote config capability.
The Application uses this capability to determine data values that let the Application automatically reconfigure itself, as directed by Smartvariables.com Authorized Application Operators (“Operators”).
For example, each string for each kind of match has values for the number of shots, sighters, distance and target.
All of those values can be overridden using Firebase remote config.

Operators can remotely enable and/or disable any individual component part of the Application, including but not limited to menu item visibility, button and switch visibility, page visibility, feature visibility, advertising control, timers, weblinks, logging including remote logging and Application behavior.

This License Agreement and our Privacy Policy can both be changed by Operators using remote config. It is possible for Operators to completely disable the the Application via remote config.

You agree to our use and display of Notifications and/or Surveys and/or Advertisements in the Application, from remote config and/or Third Parties.

Smartvariables.com reserves the right to remotely reconfigure and/or enable and/or disable the Application or any part of the Application at any time for any or no reason.

THIRD-PARTY LINKS

Smartvariables.com reserves the right to sell and/or reconfigure and/or rename the Applications weblinks, including but not limited to Settings weblinks and Menu weblinks, at any time, and/or as per private agreement with our partners.

BANNED USERS

Smartvariables.com reserves the right and ability to ban users. We reserve the right and ability to completely disable the Application (or any part of the Application) at any time, should we determine inappropriate use or user misbehavior.
The determination of such misuse or behavior is entirely at the discretion of Smartvariables.com.

There are NO REFUNDS for banned users.

STANDARD REFUND POLICY

Smartvariables.com follows Google’s standard mobile application refund policy.

Banned users are not eligible for a refund and waive their rights to receive or claim any refund.

SEVERABILITY

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

AMENDMENTS TO THIS AGREEMENT

Smartvariables.com reserves the right, at its sole discretion, to modify or replace this License Agreement at any time for any reason.
If any Agreement is changed, the changes will be posted here and on our website.
Additionally, you will receive a popup from the Application requesting re-authorization of both this License Agreement and our Privacy Policy.

You are required to accept both this License Agreement and our Privacy Policy to use or to continue using the Application.
You are advised to consult this License Agreement regularly for any changes, as continued use is deemed approval of all changes.

COPYRIGHT

Service Rifle Scoring Copyright © 2017 by Smartvariables.com.
All Rights Reserved.

This product is protected by copyright and distributed under licenses restricting copying, distribution and decompilation.

CONTACT US

If you have any questions regarding this License Agreement and/or authorized Application use, or have questions about our practices, please contact us via email at info@harlie.com.

The Application uses the web site Harlie.com as the Official Site for transacting the Application’s business. The Application’s official home web address is:
http://harlie.com/service-rifle-scoring

Contact emails include:
info@harlie.com, support@harlie.com and privacy@harlie.com

Have a nice day.

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