End User License Agreement
Last Updated: December 30, 2019
These terms and conditions create a contract between you and Software Network (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of this Agreement, click “Agree”.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND SOFTWARE NETWORK AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SOFTWARE NETWORK WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
INTRODUCTION TO SERVICES
This Agreement governs your use of RetailBox, through which you can download and play in-app content (collectively “Content”) that may be offered through Software Network or a third party. Our Services are available for your use in your country of residence (“Home Country”). To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.
- With the valid purchase of RetailBox on the App Store, 500MB worth of content can be downloaded on every device.
- When you exceed the limit, you won’t be able to download additional content until the following month, when the limit resets.
- You may be limited in the amount of Content you may download, and some downloaded Content may expire after a given amount of time after downloaded or first played. Certain Content may not be available for download at all.
Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. Software Network may monitor your use of the services and content to ensure that you are following these Usage Rules.
- You may use the Services for non-commercial purposes only, unless with purchase of RetailBox+ designed for commercial, enterprise use.
- You may not tamper with or circumvent any security technology included with the Services.
- You may access and use RetailBox through approved forms of distribution: TestFlight and App Store. You may not modify or use modified versions of such software.
INTERACTIONS WITH SERVICES
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
access or use the Services if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services by your parent or legal guardian;
make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof
use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming or market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
use automated scripts to collect information from or otherwise interact with the Services;
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Software Network also reserves the right to request your removal of a review from the App Store, if in accordance with the Apple Developer License Agreement or Apple Developer Enterprise Program License Agreement.
Software Network, at its discretion, may make available future upgrades or updates to the RetailBox Software for your compatible. The RetailBox Software updates, if any, may not necessarily include all existing software features or new features that Software Network may release for newer versions of iOS, or the device. The terms of this License will govern any software upgrades or updates provided by Software Network to the original RetailBox Software product, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update.
You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the RetailBox Software or any services provided by the Software Network Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of open-sourced components included with the RetailBox or Software Network Software).
If you choose to allow automatic app updates, your device will periodically check with Apple for updates and upgrades to the RetailBox Software and, if an update or upgrade is available, the update or upgrade will automatically download and install onto your device and, if applicable, your peripheral devices. You can turn off the automatic app updates altogether at any time by changing the automatic app updates settings found within the Settings app.
This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Software Network if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the RetailBox software and destroy all copies, full or partial, of RetailBox on your iOS or iPadOS device.
Software Network will make all efforts to regularly update, maintain and provide support for RetailBox through softwarenetwork.co/support. Other forms of contact may mean that Software Network might not receive your message, and reply, if at all, in a timely manner. No oral or written information given by Software Network shall create a warranty. Should the RetailBox software prove defective, you may be entitled to a refund in accordance with Apple's Media Services Agreement. Refunds are not granted on the decision of change of mind or ignorance. Applicable Consumer Rights laws may supersede this clause in New Zealand and Australia.
Portions of the Software Network software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the RetailBox Software, and your use of such material is governed by their respective terms.
A. Use of Creative Commons: To the extent that the RetailBox Software contains Creative Commons screen savers, with the exclusion of RetailBox+ ("RetailBox Originals Programming Directive Services Limited, a subsidiary of Software Network") (coming 2020). Appropriate attribution, if any is provided in-app for some versions of RetailBox and accessible online through the catalog.
B. H.264/AVC Notice. To the extent that the RetailBox Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THE RETAILBOX SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER.