Terms of Use
1. Acceptance of Terms
By downloading, installing, or using any BearWare application or visiting the BearWare website (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the Services.
BearWare Software ("BearWare," "we," "us," or "our") reserves the right to update these Terms at any time. Continued use of the Services after any modification constitutes your acceptance of the revised Terms.
2. License to Use
Subject to these Terms, BearWare grants you a limited, non-exclusive, non-transferable, revocable license to use our applications for your personal, non-commercial purposes on devices you own or control.
You may not:
- Copy, modify, or distribute any BearWare application or its content
- Reverse engineer, decompile, or disassemble any part of the Services
- Use the Services for any unlawful purpose or in violation of any applicable laws
- Attempt to gain unauthorized access to any portion of the Services or related systems
- Remove or alter any proprietary notices, labels, or marks on the Services
3. Intellectual Property
All content, design, code, graphics, logos, and other materials in the Services are the property of BearWare or its licensors and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use BearWare's trademarks, logos, or brand features without our prior written permission.
4. Third-Party Services and App Stores
Our applications may be distributed through third-party platforms such as Apple's App Store. Your use of those platforms is subject to their respective terms of service, which are independent of these Terms. BearWare is not responsible for the practices of any third-party platform.
To the extent any conflict exists between these Terms and the terms of a third-party platform, the third-party platform's terms will govern with respect to your relationship with that platform.
5. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BearWare does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. You assume all risk associated with your use of the Services.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEARWARE AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, REVENUE, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF BEARWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL BEARWARE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO BEARWARE IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR $10 USD IF YOU HAVE NOT MADE ANY PAYMENTS.
7. Indemnification
You agree to indemnify, defend, and hold harmless BearWare and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Services or your violation of these Terms.
8. Termination
BearWare may terminate or suspend your access to the Services at any time, with or without cause, and without notice or liability. Upon termination, your right to use the Services will immediately cease.
All provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, and limitations of liability.
9. Governing Law
These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in California.
10. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
11. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and BearWare with respect to the Services and supersede all prior agreements and understandings.
12. Contact
Questions about these Terms? Reach us here.