session-android/res/raw/eula

Tumbleweed Ventures, LLC offers the Whisper Systems Software and the Whisper Systems Website (as defined below) solely for your non-commercial use in accordance with the following terms and conditions.  If you do not accept this Agreement, you do not have permission to use the Whisper Systems Software or the Whisper Systems Website.  Any use by you of the Whisper Systems Software or the Whisper Systems Website shall constitute your binding acceptance of this Agreement.
  
1. Definitions

1.1 The following terms and expressions shall have the following meanings:

Additional Terms: the terms and conditions and policies applicable to Your use of the Whisper Systems Software, the Whisper Systems Website and the Products, in addition to this Agreement.  In the event of a conflict between any Any Additional Terms and the express terms and conditions set forth herein, the terms herein shall control.

Agreement: the terms and conditions of this End User License Agreement (including any Additional Terms), as may be renewed and/or amended from time to time.

Content: means any and all content consisting of text, sounds, pictures, photos, video and/or any type of information or communications.

Documentation: any online or otherwise enclosed documentation provided by Whisper Systems.

Effective Date: the date on which this Agreement is entered into by clicking on the ACCEPT button as stated above or upon installation or use of the Whisper Systems Software by You, whichever occurs earlier.

Emergency Service(s): means services that connect a user of a public telephone network to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements.  Whisper Systems does not offer Emergency Services.

IP Rights: means (i) patents, pending patent applications, designs, trade marks, service marks, and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow, trade secrets and confidential information; (ii) all other intellectual property rights, moral rights, and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights.

Password: refers to a code You select, which, in combination with the User ID, gives You access to Your User Account.

Product(s): the internet communications products provided by Whisper Systems (including RedPhone and TextSecure);

Whisper Systems: refers to Tumbleweed Ventures, LLC.

Whisper Systems Software: the software distributed by Whisper Systems for internet communication applications, including without limitation RedPhone, TextSecure, and Documentation, as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof made available via the Internet for your use in connection with Whisper Systems services.

Whisper Systems Staff: the officers, directors, employees and agents of Whisper Systems or its Affiliates, or any other persons hired by Whisper Systems or its Affiliates.

Whisper Systems Website: any and all elements, contents and the ‘look and feel’ of the website available under the URL, www.whispersys.com, – among other URL’s –, from which website the Whisper Systems Software can be downloaded and in connection with which the Whisper Systems services are offered.


UI: the user interface of the Whisper Systems Software.

User Account: refers to the account with User ID and Password that You create for Your use of the Whisper Systems Software.

User ID: refers to an identification code You selected, which in combination with the Password, gives access to Your User Account.

You: You, the end user of the Whisper Systems Software, also used in the form “Your” where applicable.


2. No Access To Emergency Services:
2.1 No Access To Emergency Services: The Whisper Systems Software and/or services, (including without limitaiton RedPhone) are not a replacement for Your ordinary mobile or fixed line telephone. RedPhone does not allow You to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that You can make emergency calls if needed.

2.2 No Access To Emergency Services: The Whisper Systems software is not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of Emergency Service. There are important differences between traditional telephone services and the Whisper Systems Software. You acknowledge and agree that: (i) RedPhone is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is Your responsibility to purchase, separately from the Whisper Systems Software, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services, and (iii) RedPhone is not a replacement for Your primary telephone service.

2.3 Specific Disclaimer Of Liability For Emergency Services:WHISPER SYSTEMS DOES NOT PROVIDE CONNECTIONS TO EMERGENCY SERVICES VIA THE WHISPER SYSTEMS SOFTWARE. WHISPER SYSTEMS SHALL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSS HAS BEEN NOTIFIED TO WHISPER SYSTEMS) FOR ANY CLAIM, DAMAGE, OR LOSS, ARISING FROM OR RELATING TO:

(I) YOUR INABILITY TO USE THE WHISPER SYSTEMS SOFTWARE TO CONTACT EMERGENCY SERVICES, OR

(II) YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH PARAGRAPH 2.2 ABOVE.

3 Limitation of Liability.


3.1 Limitation of Liability: IN NO EVENT SHALL WHISPER SYSTEMS, ITS AFFILIATES, ITS LICENSORS OR THE WHISPER SYSTEMS STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:

(i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND

(ii) ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT).


3.2 THE LIMITATIONS ON WHISPER SYSTEMS’S LIABILITY TO YOU IN PARAGRAPH 3.1 ABOVE SHALL APPLY WHETHER OR NOT WHISPER SYSTEMS, ITS AFFILIATES OR THE WHISPER SYSTEMS STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

3.3 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF WHISPER SYSTEMS FOR ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

3.4 WHISPER SYSTEMS’S TOTAL LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS (WHERE RELEVANT) IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF $5,000 USD IN ALL CASES IRRESPECTIVE OF WHETHER YOU HAVE PAID FOR THE PRODUCTS (UNLESS THE LOSS IS DUE TO WHISPER SYSTEMS’S WILLFUL DEFAULT OR GROSS NEGLIGENCE).

3.5 SPECIFIC DISCLAIMER OF LIABILITY FOR EMERGENCY SERVICES.  THE WHISPER SYSTEMS DOES NOT SUPPORT AND IS NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER WHISPER SYSTEMS NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO:

(I) YOUR INABILITY TO USE THE WHISPER SYSTEMS SOFTWARE TO CONTACT EMERGENCY SERVICES, OR

(II) YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH PARAGRAPH 2.1 ABOVE;

3.6 SPECIFIC DISCLAIMER OF LIABILITY FOR CONTENT. WHISPER SYSTEMS HAS NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, PUBLIC CHATS, CALLS TO PREMIUM RATE NUMBERS). NEITHER WHISPER SYSTEMS NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO ALL SUCH CONTENT, PRODUCTS OR SERVICES.

3.7 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to You. In that event the liability will be limited as far as legally possible under the applicable legislation.

3.8 Force Majeure. You acknowledge and understand that if Whisper Systems is unable to provide the Products as a result of a force majeure event Whisper Systems will not be in breach of any of its obligations towards You under this agreement. A force majeure event means any event beyond the control of Whisper Systems. . WHISPER SYSTEMS SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.


3.9 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 7.1 BELOW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHISPER SYSTEMS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:


(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGES WHICH WHISPER SYSTEMS MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE WHISPER SYSTEMS WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

3.10 THE LIMITATIONS ON WHISPER SYSTEMS’S LIABILITY TO YOU IN PARAGRAPH 3.9 ABOVE SHALL APPLY WHETHER OR NOT WHISPER SYSTEMS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.


4 What to Expect from Whisper Systems

4.1 Quality: Whisper Systems will try to provide the Products with minimum disruptions. However please understand that Whisper Systems can not guarantee that the Products will always function without disruptions, delay or other imperfections. Since the Products may be transmitted through public Internet lines, there may be power outages or Internet service disruption and You may experience some disruptions e.g. packet loss and delay which will interfere with the quality of Your communication.

4.2 Technical improvement and maintenance: Whisper Systems may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. Whisper Systems may also have to repair, improve, and/or upgrade our Software and this may require us to restrict, limit, suspend, interfere and/or interrupt the Software.

4.3 Content of communications: Whisper Systems does not control, or have any knowledge of the content of any communication(s) spread by the use of the Products. The content of the communication is entirely the responsibility of the person from whom such content originated.

You, therefore, understand and agree that you may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable.


5. What Whisper Systems Expects from You
5.1 Information. You will be required to provide Whisper Systems in good time with any data or information necessary for a proper provision of the Products.

5.2 No reselling. You agree not to resell the Products to any third party.

5.3 Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD WHISPER SYSTEMS AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT , ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTIES RELATED TO THE USE OF THE WHISPER SYSTEMS PRODUCTS.

6. How long does your agreement with Whisper Systems last for?

6.1 Duration. The agreement will be effective as of the date of Your acceptance thereof by clicking on the accept button or similar buttons or links as may be designated by Whisper Systems, or the date of Your first use of any of the Products, whichever occurs earlier, and will remain effective until terminated by either Whisper Systems or You as set out below.

6.2 Termination. You may terminate Your agreement with us at any time.  Without limiting other remedies, Whisper Systems or its Affiliates may terminate this Agreement with immediate effect, automatically and without recourse to the courts, and may limit, suspend, or terminate Your use of the Products, prohibit access to Whisper Systems’s website, remove hosted content, and take technical and legal steps to keep You off the Whisper Systems Website if we think that You are in breach of this Agreement , creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons, with immediate effect and without recourse to the courts. Whisper Systems shall effect such termination by preventing Your access to Your User Account and to the Products and Whisper Systems Software. If You provided a valid email address, Whisper Systems may provide notice to You by email.

6.3 Update: Whisper Systems reserves the right to modify this Agreement at any time by publishing the revised Terms of Service on the Website, which shall become effective within thirty (30) days from the date of publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button. Your continued use of the Products after expiry of the 30-day period shall constitute Your acceptance to be bound by the terms and conditions of the revised version of the Agreement. If You do not wish to accept the revised Agreement, You are entitled to terminate Your User Account by contacting our customer support team, with effect from the date on which the revised Agreement would become effective. You can find the latest version of this Agreement http://www.whispersys.com/tos.html


7. EXCLUSION OF WARRANTIES

7.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 3 AND 7, SHALL EXCLUDE OR LIMIT WHISPER SYSTEM’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

7.3 IN PARTICULAR, WHISPER SYSTEMS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

7.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


7.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHISPER SYSTEMS OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

7.6 WHISPER SYSTEMS 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.