These license terms are a legally binding agreement (this “Agreement”) between Asthma Ally® and you. They concern your use of the mobile software (the “Software”) and your use of the internet-based services.
The terms also apply to any Asthma Ally®:
By using the software, you accept these terms. If you do not understand and accept the terms, you must not use the software. If you comply with these license terms, you have the rights stated here.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices of the same operating system.
2. INTERNET WEB SERVICES. The software connects to your Asthma Ally® account.
3. SCOPE OF LICENSE. The software is licensed, not sold. Subject to your compliance with this Agreement you are granted some rights to use the software. Asthma Ally® reserves all other rights.
4. PROHIBITED USES
5. ENTIRE AGREEMENT. This Agreement, and the terms for supplements, updates, Internet-based services that you use serve as the entire agreement for the software.
6. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Asthma Ally® gives no express warranties, guarantees or conditions. To the maximum extent permitted by law, Asthma Ally® excludes all implied warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
7. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Asthma Ally® and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to:
It also applies even if Asthma Ally® knew or should have known about the possibility of the damages.