By downloading any application from %company_name% (here after referered to as "The Company"), installing or using this  application or any portion thereof ("Application"), you agree to the following terms and conditions (the "Terms and  Conditions").

1. USE OF APPLICATION
a. The Company grants you the non-exclusive, non-transferable, limited right and license to install and use this  Application solely and exclusively for your personal use.
b. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or  servers or networks connected to the Application), nor may you use the Application in any manner that could interfere  with any other party's use and enjoyment of the Application (or servers or networks connected to the Application).
c. You agree that you are solely responsible for (and that The Company has no responsibility to you or to any third  party for) your use of the Application, any breach of your obligations under the Terms and Conditions, and for the  consequences (including any loss or damage which The Company may suffer) of any such breach.

2. PROPRIETARY RIGHTS
You acknowledge that (a) the Application contains proprietary and confidential information that is protected by  applicable intellectual property and other laws, and (b) The Company and/or third parties own all right, title and  interest in and to the Application and content, excluding content provided by you, that may be presented or accessed  through the Application, including without limitation all Intellectual Property Rights therein and thereto.  "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law,  trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all  applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree  that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt,  translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source  code from the Application or content that may be presented or accessed through the Application for any purpose, unless  otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed  or enforced by any functionality (including without limitation digital rights management functionality) contained in the  Application, (iii) use the Application to access, copy, transfer, transcode or retransmit content in violation of any  law or third party rights, or (iv) remove, obscure, or alter The Company's or any third party’s copyright notices,  trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or  through the Application.

3. THE COMPANY TERMS OF SERVICE AND PRIVACY POLICY
a. The Company's Privacy Policy (located at %privacy_url%) explains  how The Company treats your information and protects your privacy when you use the Application. You agree to the use of  your data in accordance with The Company's privacy policies.
b. The Application may contain features that are used in conjunction with The Company's search and other services.  Accordingly, your use of such features of the Application is also governed by The Company's Terms of Service and The  Company's Privacy Policy, which may be updated from time to time and without notice.

4. U.S. GOVERNMENT RESTRICTED RIGHTS
This Application, related materials and documentation have been developed entirely with private funds. If the user of  the Application is an agency, department, employee, or other entity of the United States Government, the use,  duplication, reproduction, release, modification, disclosure, or transfer of the Application, including technical data  or manuals, is restricted by the terms, conditions and covenants contained in these Terms and Conditions. In accordance  with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement  227.7202 for military agencies, use of the Application is further restricted by these Terms and Conditions. 

5. EXPORT RESTRICTIONS
The Application may be subject to export controls or restrictions by the United States or other countries or  territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws  include restrictions on destinations, end users, and end use.

6. TERMINATION
These Terms and Conditions will continue to apply until terminated by either you or The Company as set forth below. You  may terminate these Terms and Conditions at any time by permanently deleting the Application from your mobile device in  its entirety. Your rights automatically and immediately terminate without notice from The Company or any Third Party if  you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the  Application.

7. INDEMNITY
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless The Company, its affiliates and  their respective directors, officers, employees and agents from and against any and all claims, actions, suits or  proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys  fees) arising out of or accruing from your use of the Application, including your downloading, installation, or use of  the Application, or your violation of these Terms and Conditions.

8. DISCLAIMER OF WARRANTIES
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE  APPLICATION IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.
b. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM  SUCH USE.
c. THE COMPANY 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, WITH RESPECT TO THE APPLICATION.
d. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY  COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN  WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE  TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES  THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APPLICATION, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR MOBILE  DEVICE, WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE  POSSIBILITY OF ANY SUCH LOSSES ARISING.

10. MISCELLANEOUS
a. These Terms and Conditions constitute the entire Agreement between you and The Company relating to the Application  and govern your use of the Application, and completely replace any prior or contemporaneous agreements between you and  The Company regarding the Application.
b. The failure of The Company to exercise or enforce any right or provision of these Terms and Conditions does not  constitute a waiver of such right or provision, which will still be available to The Company.
c. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and  Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of  the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and  enforceable.
d. The rights granted in these Terms and Conditions may not be assigned or transferred by either you or The Company  without the prior written approval of the other party. Neither you nor The Company are permitted to delegate their  responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.
e. These Terms and Conditions and your relationship with The Company under these Terms and Conditions will be governed  by the laws of the State of California without regard to its conflict of laws provisions. You and The Company agree to  submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any  legal matter arising from these Terms and Conditions. Notwithstanding this, you agree that The Company will still be  allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.