Subject to your continued compliance with this Agreement, Manglish provides to you a single, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Solution during the term of this Agreement on your mobile phone, other mobile computing device, or personal computing device and only for personal or internal business purposes. The content layout, formatting, features of and online or remote access processes or privileges for the Solution shall be as specified by Manglish in its sole discretion. You also acknowledge and agree to the following: (i) Manglish has the right to control and direct the means, manner, and method by which the Solution is provided; (ii) Manglish may, from time to time, engage independent contractors, consultants, or subcontractors to aid Manglish in providing the Solution or use thereof; and (iii) Manglish has the right to provide the Solution to others.
All rights not expressly granted under this Agreement are hereby reserved to Manglish. Accordingly, you are hereby prohibited from using the Solution in any manner that is not expressly and unambiguously authorized by this Agreement. You therefore may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, reverse engineer, decompile, extract source code, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Solution, or any portion of the Solution, without Manglish’s prior written consent except as expressly and unambiguously authorized herein. Moreover, you may not (a) attempt to gain unauthorized access to any portion or feature of the Solution or any other system(s) or network(s) connected to the Solution or to any Manglish server or to any of the services offered on or through the Solution by hacking, password "mining," or any other illegitimate or prohibited means; (b) use the Solution in a manner that provides unauthorized access to mass downloads or bulk feeds of any content; (c) probe, scan, or test the vulnerability of the Solution or any network(s) connected to the Solution, nor breach the security or authentication measures on the Solution or any network(s) connected to the Solution; (d) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Solution; (e) use any device, software, or routine to interfere with the proper working of the Solution or any transaction conducted on the Solution, or with any other person's use of the Solution; (f) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Manglish on or through the Solution; (g) delete, obscure, or in any manner alter any warning or link that appears in the Solution; or (h) use the Solution in an unlawful manner, including, without limitation, to post, upload, transmit, or otherwise make available any material which violates, misappropriates, or infringes in any way upon the rights of others, is unlawful, threating, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or encourages conduct that would constitute unlawful conduct.
By downloading, accessing, or using the Solution, you covenant that you will abide by all applicable local, state, and national laws and regulations with respect to your use of the Solution and that you are at least the legal age of majority. You further covenant you will at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Manglish through the Solution, and agree to provide Manglish reasonable cooperation in connection with operation of or support for the Solution. You also acknowledge and agree that additional notices, terms, and conditions may apply to the use of other Manglish services or solutions. Manglish will provide notice of any application notices, terms, and conditions for its services or solutions.
The App is supported by advertising and sponsorship revenue. Therefore, the App is provided, per the terms of this Agreement, without an additional fee unless you have activated the ad-free features by purchasing a subscription to that service. A subscription functions as an "in-app" purchase option, which will disable all advertising served through the application. Subscriptions renew on a periodic basis (as designated by Manglish) unless you indicate and request non-renewal through the App. Subscription payments will be processed by Manglish or a participating mobile app provider, such as Google Play or Apple iTunes, from which you originally downloaded the application. You may access the applicable "in-app" purchase rules and policies directly from the applicable app store(s). Additional terms or conditions may apply to a subscription at the time of order or renewal.
The Solution offers display functionality and various tools that are available to you via your mobile phone or other mobile computing device (collectively, "Mobile Services"). Please note that your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile Services; and how much such use will cost you. Nevertheless, all use of the Solution, including without limitation all use of the App and its related Mobile Services, shall be strictly in accordance with this Agreement.
Advertisements for Manglish or third party products and services will generally be displayed within the frame of the Solution. But, Manglish may deliver internal surveys and information that may also include advertisements. Typically, advertisements appearing as a part of any action, news, or information occur when a larger window is needed to effectively deliver the content being accessed.
By installing, accessing, or using the Solution, you agree to allow Manglish to collect (on behalf of itself and its business partners) certain information regarding your use of the Solution (including, without limitation, certain data regarding your mobile device (e.g., type of device, unique device ID, etc.), operating software, feature utilization etc. You authorize Manglish to use the microphone to convert speech to text, the service provide for the functionality Google might log the voice to improve their product quality. Manglish may use and/or share device information with third parties for purposes of targeting advertising to the device. You also agree to receive electronic communications from Manglish. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Solution or Manglish's other products, solutions, or services. These electronic communications are part of your relationship with Manglish and you receive them as part of your use of the Solution. You therefore hereby agree that any such notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements. Further, you understand and agree that installation of the Solution permits the downloading of updates and upgrades, including for the purpose(s) of fixing product defects, enhancing the product features. You will be given notice and an opportunity to accept or refuse any update or upgrade that we provide. But, refusal of an update or upgrade may impact performance of the Solution.
Manglish welcomes your feedback and suggestions about Manglish’s products or services or with respect to how to improve the Solution. By transmitting any suggestions, information, material, or other content (collectively, "Feedback") to Manglish, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Manglish and enable Manglish to use such Feedback. In addition, any Feedback received by Manglish will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for Manglish to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
The Solution may connect to certain third party websites or online networks (collectively, "Third Party Sites"). These Third Party Sites have not necessarily been reviewed by Manglish and are owned, controlled and/or maintained solely by third parties over whom Manglish exercises no control. Your correspondence or any other dealings with third parties found through any Third Party Sites on the Solution is solely between you and such third party. Accordingly, Manglish hereby expressly disclaims and shall not have any liability or responsibility for any Third Party Sites.
This Agreement provides only a limited license to access and use the Solution in accordance with the terms of this Agreement. Accordingly, you hereby agree that Manglish transfers no ownership or intellectual property interest or title in and to the Solution or any other Manglish intellectual property to you or anyone else in connection with your use of the Solution. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Solution are exclusively owned, controlled, and/or licensed by Manglish, or its licensor(s) or affiliate(s). Manglish marks identifying the products or services of Manglish are proprietary trademarks of Manglish Keyboard, and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior express written permission of Manglish is hereby strictly prohibited.
You acknowledge and agree that the Solution contains proprietary trade secrets and confidential or nonpublic information of Manglish and/or its licensors (the "Confidential Information"). You agree to secure and protect the confidentiality of the Confidential Information of Manglish (and/or its licensors) in a manner consistent with the maintenance of Manglish rights therein, using at least as great a degree of care as you use to maintain the confidentiality of your own confidential information of a similar nature, but in no event using less than reasonable efforts. You shall not, nor permit any third party to, sell, transfer, publish, disclose, or otherwise make available any portion of the Confidential Information to third parties, except as expressly authorized in this Agreement.
Installation and use of any plug-ins or other third-party software are subject to the terms and conditions of any licenses distributed with or relating to such plug-ins or third-party software.
APPLE, GOOGLE AND AMAZON ARE NOT A SPONSOR NOR ARE INVOLVED IN ANY WAY IN THIS CONTEST/DRAW. NO APPLE PRODUCTS ARE BEING USED AS PRIZES.”
THE SOLUTION IS PROVIDED ON AN "AS-IS" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MANGLISH HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. MANGLISH ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOLUTION WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. THEREFORE, YOU ASSUME THE ENTIRE RISK REGARDING THE QUALITY AND/OR PERFORMANCE OF THE SOLUTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MANGLISH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
YOU ALSO EXPRESSLY ABSOLVE AND RELEASE MANGLISH FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND MANGLISH'S CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES OR NATURAL DISASTERS, STRIKES OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS.
Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR51.227-19 when applicable, or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement.
Any actual or attempted use of the Solution by you in violation of this Agreement may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Manglish reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the Solution ("User Information") without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the Solution. Manglish may share any User Information Manglish obtains from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. Manglish will also disclose User Information as required by any court order and/or subpoena. In addition, Manglish hereby reserves the right in its sole discretion to, at any time and without notice, modify, suspend, terminate, and/or interrupt operation of or access to the Solution, or any portion thereof, in order to protect the Solution, Manglish intellectual property, WeathManglisherBug, or the business interests of Manglish and/or its members and affiliates.
This Agreement will take (re-take) effect at the time you download the App, begin using the App. You may uninstall or delete the App at any time by utilizing the available uninstall or delete functionality offered by the applicable operating software or mobile device. However, by uninstalling or deleting the App, you will no longer be able to access the App's functionality or related services and will not be entitled to any refund of any amount paid for a subscription. This Agreement will terminate automatically if (i) you fail to comply with any of its terms and conditions; or (ii) cease all use of the Solution. Termination will be effective without notice. In addition, Manglish may in its sole discretion terminate this Agreement upon notice to you for any or no reason. Upon termination of this Agreement, any and all right(s) to use the Solution shall immediately cease and you must promptly delete or destroy all copies of the Solution in your possession or control. Sections 2, 3, 6, 12-30 will survive the termination of this Agreement.
Additional notices, terms, and conditions may apply to access to or use of Manglish's products and services. If there is a conflict between this Agreement and any other notices, terms, or conditions, Manglish shall resolve any conflict in good faith in its sole discretion, but this Agreement shall generally control with respect to accessing and using the Solution.