Secure SMS and MMS on your and your correspondents phones




END USER LICENCE AGREEMENT


IMPORTANT: THIS IS A LICENSE, NOT A SALE CONTRACT.


1/ Unless you have a written agreement with Visual Pub providing for additional Use, the below agreement gives you permission to install and Use one (1) copy of this Product on one (1) mobile phone or electronic device at any given time as set out in more detail below.

2/ IMPORTANT NOTICE: PLEASE READ THIS END-USER LICENSE AGREEMENT (EULA) CAREFULLY. BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE AND DOCUMENTATION (“SOFTWARE”), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MUST NOT DOWNLOAD, INSTALL, ACCESS OR USE THE SOFTWARE. THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT.

3/ This EULA is a legal agreement between You and Visual Pub, including its subsidiaries, affiliates and contractors acting on Our behalf (collectively “Visual Pub”, “Us”, “We”, or “Our”) regarding Your use of the Visual Pub Software. Unless You have another written agreement with Visual Pub regarding this Software, Your use of this Software is governed by this EULA. From time to time, We may in Our sole discretion update or modify this EULA. The most recent version of this EULA is located at: http://www.privacyandco.com/eula

4/ IF YOU AGREE TO THIS EULA, YOU ARE GRANTED A LIMITED, PERSONAL, WORLDWIDE, ROYALTY-FREE, NON-ASSIGNABLE, NON-SUBLICENSEABLE, NON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE TO USE THE SOFTWARE, WHICH MAY BE LIMITED IN THE TIME AS SET FORTH BELOW. YOU MAY RE-INSTALLED THE SOFTWARE ON ANOTHER MOBILE PHONE OR ELECTRONIC DEVICE IF AND ONLY IF THE FIRST ONE HAS BROKEN DOWN. AUTHORISATION CODES CAN BE REQUIRED. THEN CONTACT VISUAL PUB CUSTOMER SERVICE AND ASK FOR AUTHORISATION TO RE-INSTALL THE SOFTWARE ON A NEW MOBILE PHONE OR ELECTRONIC DEVICE. YOU MUST CONFIRM TO VISUAL PUB THAT YOU ALREADY HAVE UNINSTALLED THE SOFTWARE FROM THE OUT-OF-ORDER MOBILE PHONE OR ELECTRONIC DEVICE.

5/ LICENSE TO USE THE SOFTWARE. The Software is licensed to You, not sold to You. You must lawfully acquire the Software from Us, or Our authorized resellers. Otherwise You don't have a right to use the Software. You may only purchase the Software from Visual Pub or Google Play Store websites, exclusively on website from country where you are a permanent resident. All rights, even those non expressly granted here, are reserved to Visual Pub.

6/ YOUR RESPONSIBILITIES WHILE USING THE SOFTWARE. With regard to Your Use of the Software under this EULA, You have certain responsibilities. The Software may require product activation and other technology designed to prevent unauthorized use and copying. You are not authorised  to sell, rent, lease, resell, or loan the Software. If You purchase the Software as a gift to a third person, the third person must accept the terms of this EULA before using the Software. You must not reverse engineer, decompile or disassemble the Software. Whereas We possess the Software, You own and are responsible for the content (“Content”) that You create, or have created for You, resulting from the use of Our Software. You agree that, in connection with Your use of the Software, You are responsible for the direct and/or indirect consequences rising from any (a) Content You create and (b) third party photos or images that You use or modify in creating Your Content, especially in situations where You share Your Content with family, friends, clients and/or third parties such as members of social networking sites (e.g., Facebook, Flickr, LinkedIn, etc.). Visual Pub can neither supervise nor control what third party social networking sites or the members or users of such sites do with the content You share. You are responsible for independently verifying the accuracy and integrity of Your content. You may not modify or create derived works based upon the Software. You are responsible for complying with all applicable laws and regulations impacting Your use of the Software including data protection and privacy laws. You agree that You will not use the Software in some unlawful way or in a way that violate the rights of a third party. If We get sued or if a claim is brought against Us by a third party due to (a) Your actions, (b) Your failure to act when required, or (c) Your content, then You agree to defend, indemnify and relieve Visual Pub of any responsibility. You may receive updates, bug fixes, feature enhancements or improvements, or other data relating to the Software (collectively “Updates”) downloaded to Your computer with a notice describing what is included in the Update and its purpose. In some instances, You will have the option to decline the Update, in which case the Software may not perform properly. In some instances, an Update may be required for good use of the Software, and You must complete installation in order to continue using the Software. In instances where the Software is hosted, installation of updates may be automatic.

7/ INFORMATION ON FEEDBACKS. You have no obligation to provide Visual Pub with ideas, suggestions, documentations and/or proposals (“Feedback”). However, if you submit Feedback to Visual Pub, you retain ownership of such Feedback, and you hereby grant Visual Pub a none-xclusive, royalty-free, fully paid, perpetual, irrevocable, transferable and unlimited license in compliance with all of your Intellectual Property Rights to use and exploit your Feedback for any purpose, world-wide. Furthermore, by submitting Feedback, you declare and warrant that (i) your Feedback does not contain any confidential or proprietary information owned by you or third parties; (ii) Visual Pub is not subjet to obligations of confidentiality, express or tacit, with respect to the Feedback; (iii) Visual Pub may have similar information to the Feedback already under consideration or in development; and (iv) you can not claim for any compensation or reimbursement of any kind from Visual Pub for the Feedback under any circumstances.

8/ OUR INTELLECTUAL PROPERTY RIGHTS. The Software is protected by French Intellectual Property laws and by international intellectual property laws as well as treaties provisions. Therefore, You are not allowed to distribute the Software without Our permission. You understand and agree that We have the right to stop selling, distributing, servicing or updating the Software (or any part of it), and to stop services or offerings at any time.

9/ CONTROL OF USE, HACKING AND OUR PRIVACY POLICY. Usually We do not control your use of the Software and do not collect data about you, but we may have to control your use of the Software to fight against hacking, and piracy, to check the validity of your registration, to detect if new updates are available on your phone before you send a warning prompting you to install a new update software and to evaluate your use of the Software.

10/ PRE-COMMERCIAL, OR BETA VERSION OF THE SOFTWARE. If the Software You received with this EULA is a pre-commercial or beta version, You agree the Software is a pre-release, a non-commercial version and does not represent a final product of Visual Pub. The Software may contain bugs, errors and other problems that could cause computer system failures and data loss. THEREFORE, EVERY PRE-RELEASE OR BETA VERSION OF THE SOFTWARE IS PROVIDED AS AN “AS-IS” BASIS, AND VISUAL PUB DISCLAIMS ALL RESPONSIBILITY AND ALL WARRANTIES OF ANY KIND YOU COULD REQUIRE.

11/ EVALUATION VERSION.  If the Software is identified as a demonstration, evaluation, trial, “not for sale” (“NFS”) or “not for resale” (“NFR”) version (“Evaluation Version”) in the documentation of supplied use, You may install and access one (1) copy of the Software only for the purpose of evaluation and/or demonstration. unless you received a written authorisation from Visual Pub, You may not use Our Software for any competitive analysis, or commercial, professional, or lucrative purposes. You understand that at the end of the evaluation period, You must either stop using the Software or pay to continue using it. If You decide not to pay to continue using the Software, then Your license of use will stop immediately. Upon expiration of the evaluation period, You will immediately discontinue use of the Evaluation Version and delete and destroy all electronic copies of the Evaluation Version including, but not limited to, all user documentation that have been provided to You as part of the evaluation, from Your computer and any other computer devices on which You have installed the Evaluation Version. Any attempt to circumvent the expiration date technology is a violation of this EULA and will automatically and immediately terminate Your license to use the Evaluation Version.

12/ OEM EDITION PRODUCT. If the Software is identified as an OEM Edition product, You are only authorised to use it on the original computer or electronic equipment (the “Original Equipment”) on which the software had been installed.

13/ LIMITED AND RESTRICTED WARRANTY. The Software, if properly installed and correctly used, will conform to the features and functionalities as set forth in the documentation accompanying the Software. The Software may contain normal bugs and errors. The Software is provided “AS IS” with the understanding that bug fixes and Updates will be provided from time to time. This warranty is valid only for the original purchaser of the Software. Any software of replacement will be guaranteed until the expiration of the initial warranty period. YOU ASSUME ALL RESPONSIBILITIES FOR CHOOSING, INSTALLING, AND USING THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VISUAL PUB DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. SOME STATES OR COUNTRIES DO NOT ALLOW THE WARRANTY EXCLUSION OR LIMITATIONS; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In such instances and as long as You obtained the Software from Visual Pub, or a Visual Pub authorized reseller, Visual Pub may remedy substantial defects of the Software at its reasonable discretion by (a) providing a patch, Update or replacement of the Software, or (b) asking for return of the Software and cancelling this EULA. A claim under this clause will provide you reduction on the purchase price or annulation of this License only if Visual Pub failed many times its engagement of corrected a default under a reasonable deadline.If you are a consumer, claims under this clause are time-barred after twenty-four (24) months. If you are a consumer, claims under this clause are time-barred after twenty-four (24) months; if You are a business, claims under this clause are time-barred after twelve (12) months. If You alter the Software in any way with no previous authorization from Visual Pub, Visual Pub will not remedy to defects caused by such alteration and You are liable for any damages incurred by Visual Pub due to Your unauthorized alteration of the Software. IF YOU INSTALL PRE-RELEASE VERSION PRODUCTS MARKED AS SUCH, YOU DO SO AT YOUR OWN RISK. Pre-release version products are to be used only for test purposes in testing environments and must not be used for production purposes. To make a warranty claim You must provide a detailed error description to Visual Pub Customer Service  ; and, at Visual Pub's request, return the Software along with all return materials authorization information provided to You by Visual Pub, to Visual Pub, Les Grands Champs, 58700 Giry, France. For further warranty information, please contact Visual Pub Customer Service at www.privacyandco.com.

14/ NO LIABILITY FOR OPEN SOURCE MATERIALS. THE SOFTWARE MAY CONTAIN “OPEN SOURCE” MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, OPEN SOURCE INITIATIVE LICENSE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). Visual Pub MAKES NO WARRANTIES, AND SHALL HAVE NO LIABILITY, DIRECT OR INDIRECT, WHATSOEVER WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE.

15/ NO LIABILITY FOR SECONDARY OR INDIRECT DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN, COMPILED OR COLLECTED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, VISUAL PUB OR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY DAMAGES WHAT EVER THEY ARE (INCLUDING, WITH NO LIMITATION, DAMAGES FOR BUSINESS PROFITS LOST, BUSINESS INTERRUPTION, BUSINESS INFORMATION LOST, OR OTHER FINANCIAL LOSSES) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VISUAL PUB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES FROM ONE OR MORE CAUSES WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION WILL APPLY EVEN IF A GIVEN REMEDY FOR A FAILURE IS NOT EFFICIENT.

16/IN GENERAL.
16-1/This EULA is the entire agreement between You and Visual Pub and supersedes any other communications or advertisements with respect to the Software and documentation. The Software, or any feature or part thereof, may not be available in all languages or in all countries. Visual Pub provides You with an English translation of the French version of this EULA. Nevertheless You agree that such translation is provided for Your convenience only and that the French language version, and not the Englis translation, of this EULA will be legally binding to You. In the event of a conflict between the original French version (CLUF) and its translation, the original French version of this EULA will remain the only legal reference. The original French version of this EULA can be found at www.privacyandco.com/eula

16-2/If one of the articles of this EULA, any of them, is judged null, illegal or not applicable in whole or in part by virtue of the current law, the present arrangement, or part of it, will have no effect in the jurisdiction where it is null (worthless), illegal or not applicable as far as its illegality, non-validity or not applicable character (unenforceable) but only to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. No term or condition of this EULA will be considered as null, and no violation (breach) will be excused, unless a written waiver is signed on behalf of the part against which the renunciation was emitted. No waiver, express or tacit, will be considered for establishing an approval, a waiver, or an excuse for any other violation, different, or subsequent breach. No modifications or amendments to this EULA will be binding for Visual Pub unless it has been written and duly executed by You and an authorized representative of Visual Pub.

16-3/ The Software may not be compatible with mobile phone operating systems that You may purchase now or in the future.

16-4/ You understand and accept that some versions of Visual Pub Software can be integrated, and integrate itself to some softwares and technologies owned by third-parties and controlled by them. If such an integration arrives, this EULA will remain valid. Any technologies and softwares owned by some third-party and distributed together with Visual Pub Software (as an integrated software) could be submitted to your explicit approval of a licence agreement with this third-party.

April 2016 (1.0)