EULA

EULA

End-User License Agreement ("Agreement" or " EULA" or "User Agreement")

 

Last updated: February 5, 2019

 

Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using Drumtune PRO  (Drum Tuner app for iOS / Android and/or Drum Tuner EZ ("Application" or "Applications"  ).

 

By clicking the "I Agree" button, or downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

 

This Agreement is a legal agreement between you (either an individual or a single entity) and EXALTD CO., Ltd., and not Apple, nor Google, and it governs your use of the Application made available to you by EXALTD CO., Ltd.

EXALTD CO., Ltd., not Apple, nor Google, is solely responsible for the EXALTD CO., Ltd. iOS Apps, for the Bram Van den Broeck iOS Apps, and for the EXALTD CO. Ltd. Android Apps and their content.

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.

The Application is licensed, not sold, to you ("Licensee") by EXALTD CO., Ltd. ("Licensor") for use strictly in accordance with the terms of this Agreement.

 

License

EXALTD CO., Ltd. grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application, or any part thereof, solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

You may only use the EXALTD CO., Ltd. iOS Apps, or Bram Van den Broeck iOS Apps on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the Apple App Store Terms of Service, regardless of whether said iOS Apps may be or may not be optimized for such devices, or whether said iOS Apps app may be or may not be supported to be used on such devices.

You may only use the EXALTD CO., Ltd.,  Android Apps or Bram Van den Broeck Android Apps on an Android smartphone, or pad, or other Android device that you own or control and as permitted by the Google Play Store Terms of Service, regardless of whether said Android Apps may be or may not be optimized for such devices, or whether said Android Apps app may be or may not be supported to be used on such devices.

 

Restrictions

You do not have the permission, nor right to, and You do agree not to, and you will not permit others to:

 

  • license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
  • copy or use the Application for any purpose other than as permitted under the above section 'License'.
  • modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
  • remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of EXALTD CO., Ltd. or its affiliates, partners, suppliers or the licensors of the Application.
  • remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of EXALTD CO., Ltd. or its affiliates, partners, suppliers or the licensors of the Application.
  • reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the binary code portions of the EXALTD CO., Ltd. Application (collectively, "Reverse Engineering") or permit or induce the foregoing. If however, directly applicable law prohibits enforcement of the foregoing, Licensee may engage in Reverse Engineering solely for purposes of obtaining such information as is necessary to achieve interoperability of independently created software with the EXALTD CO., Ltd. Application, or as otherwise and to the limited extent permitted by directly applicable law, but only if: (a) Reverse Engineering is strictly necessary to obtain such information; and (b) Licensee has first requested such information from EXALTD CO., Ltd. and EXALTD CO., Ltd. failed to make such information available (for a fee or otherwise) under reasonable terms and conditions. Any information supplied to or obtained by Licensee under this section is confidential information of EXALTD CO., Ltd. subject to the obligations of confidentiality and non-disclosure to any other party, may only be used by Licensee for the purpose described in this section, and will not be disclosed to any third party or used to create any software which is substantially similar to the expression or the functionality of the EXALTD CO., Ltd. Application, or parts thereof.

 

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights are and shall remain, the sole and exclusive property of EXALTD CO., Ltd.

To the extent EXALTD CO., Ltd. is required to provide indemnification by applicable law, only EXALTD CO., Ltd., not Apple, nor Google, shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the EXALTD CO., Ltd.  Applications or your use of it infringes any third party intellectual property right.

 

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to EXALTD CO., Ltd. with respect to the Application shall remain the sole and exclusive property of EXALTD CO., Ltd..

EXALTD CO., Ltd. shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

 

Modifications to Application

EXALTD CO., Ltd. 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.

 

Updates to Application

EXALTD CO., Ltd. may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

 

Updates may modify or delete certain features and/or functionalities of the Application. You agree that EXALTD CO., Ltd. has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

 

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

 

Only EXALTD CO., Ltd., not Apple, nor Google, does provide maintenance and/or support to the Application, and said maintenance and/or support is only provided in EXALTD CO., Ltd.‘s sole discretion, and hereby EXALTD CO., Ltd. is not obligated to provide support or maintenance beyond the extent that any maintenance and/or support is required by applicable law.

EXALTD CO., Ltd., not Apple, nor Google, shall be obligated to furnish any such maintenance or support.

 

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications, and other products services) or provide links to third-party websites or services ("Third-Party Services").

 

 

You acknowledge and agree that EXALTD CO., Ltd. shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. EXALTD CO., Ltd. does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

 

 

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

 

 

Privacy Policy

EXALTD CO., Ltd. collects, stores, maintains and shares information about you in accordance with its Privacy Policy, which is available at https://exaltd.com/privacy-policy.html. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.

 

Term and Termination

This Agreement shall remain in effect until terminated by you or EXALTD CO., Ltd.

EXALTD CO., Ltd. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

 

This Agreement will terminate immediately, without prior notice from EXALTD CO., Ltd., 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 or from your computer.

 

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

Termination of this Agreement will not limit any of EXALTD CO., Ltd. 's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

 

Indemnification

You agree to indemnify and hold EXALTD CO., Ltd. and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

 

You agree to indemnify and hold EXALTD CO., Ltd. and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any personal damage being it mental, moral, emotional or physical but not limited thereto, and/or any material damage to equipment but not limited thereto due to or arising out of your use of the Application.

 

No Warranties

The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, EXALTD CO., Ltd., on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, EXALTD CO., Ltd. provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

To the extent any warranty exists under law that cannot be disclaimed, EXALTD CO., Ltd., not Apple, nor Google, shall be solely responsible for such warranty.

 

Without limiting the foregoing, neither EXALTD CO., Ltd. nor any EXALTD CO., Ltd. 's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of EXALTD CO., Ltd. are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

 

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

 

Third Party Terms of Agreement

You must comply with applicable third party terms of agreement when using EXALTD CO., Ltd. any Applications, thus including this Application (e.g. your wireless data service agreement).

 

Third Party Beneficiary

Your mobile OS is a third party beneficiary of this end-User License Agreement, and, upon your acceptance, such third party beneficiary will have the right (and will be deemed to have accepted the right) to enforce this agreement against you.

 

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of EXALTD CO., Ltd. and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.

 

 

To the maximum extent permitted by applicable law, in no event shall EXALTD CO., Ltd. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if EXALTD CO., Ltd. or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

 

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

 

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.

 

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

 

Amendments to this Agreement

EXALTD CO., Ltd. reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

 

Governing Law

The laws of Hong Kong, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

 

Contact Information

If you have any questions about this Agreement, please contact us via the contact form of www.drumtunepro.com, or via e-mail to support@drumtunepro.com. Our address is: EXALTD CO., Ltd.

Tung Chun CC,  410-444 Shanghai Street 1202, 12F, Kowloon 8523, Hong Kong.

 

Entire Agreement

The Agreement constitutes the entire agreement between you and EXALTD CO., Ltd. regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and EXALTD CO., Ltd.

 

 

You may be subject to additional terms and conditions that apply when you use or purchase other EXALTD CO., Ltd. 's services, which EXALTD CO., Ltd. will provide to you at the time of such use or purchase.

 

EXA-Cymlok-cymbal nut, cymbal wing nut replacement, drums

Simply put, we LOVE drumming!

EXA products are conceived by drummers, for drummers. 

With the aim to simplify your drummer-life,

we strive to create nifty drummer-candy you'll be happy to use & have... 

CONTACT US

EXALTD CO., LTD.

Tung Chun CC, 1202

        410-444 Shanghai Str.

        Kowloon, 8523

        Hong Kong

EXA, CYMLOK and DRUMTUNE PRO are protected trademarks of EXALTD CO.,LTD.

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