DOWNLOADING, INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS LICENSE OR THE REQALL SERVICE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO DOWNLOADING, INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DELETE THE SOFTWARE FROM YOUR DEVICE.

PLEASE NOTE THAT YOU MAY NOT COPY, MODIFY OR TRANSFER THE SOFTWARE OR ANY COPY OF THE SOFTWARE. PLEASE ALSO NOTE THAT YOU MAY NOT USE THE SOFTWARE OR ANY COPY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

1. Purpose: The software program that accompanies this license (the "Software") is a necessary component that must be downloaded onto your device in order for you to use the reQall service (the "Service") from that device.
2. License: The Software is licensed, not sold, to you by reQall Inc. ("reQall"). The term "Software" shall also include any updates of the Software made available to you from time to time by reQall. Subject to the terms of this agreement, you have a non-exclusive and nontransferable right to use the Software for educational, evaluation, business and personal purposes only. You may use the Software on a single device located in the United States and its territories or any other country to which this Software is legally exported and used. You agree to use your best efforts to prevent and protect the contents of the Software from unauthorized disclosure or use. reQall reserves all rights not expressly granted to you herein.
3. Limitation on Use: You may not rent, lease, time-share, sell, sublicense, assign, delegate or otherwise transfer or distribute copies of the Software or any of the license rights granted hereunder to others. Any attempt by you to do so shall be void. You may not modify or translate the Software without the prior written consent of reQall. You may not reverse assemble, reverse compile or otherwise attempt to obtain the source code from the Software. You may not use the Software or the Service in any manner that could interfere with any other party's use and enjoyment of the Service.
4. Ownership: The Software belongs to reQall. The Software is protected by copyright law. You agree that you neither own nor hereby acquire any claim or right of ownership to the Software or to any related patents, copyrights, trademarks or other intellectual property. reQall retains all right, title and interest in and to the Software at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy. All content accessed through the use of the Software is the property of the applicable content owner and may be protected by applicable copyright law. This license gives you no rights to such content.
5. Term and Termination: This license is effective until terminated. You may terminate this license at any time by permanently deleting the Software in its entirety from your device. This license and your rights to use the Software automatically terminate if you fail to comply with these terms and conditions. In such event, you must immediately and permanently delete the Software from your device. To the maximum extent permitted by law, reQall reserves the right to terminate this license agreement and your use of the Software and the Service at any time and for any reason.
6. DISCLAIMER OF WARRANTY: REQALL PROVIDES THE SOFTWARE AND THE SERVICE "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limitation, reQall does not make any warranty that the Software or the Service will meet your requirements, that the Software or the Service will operate in an error-free manner, that the Service itself will be reliable, that the messages or notifications delivered by the Service will be timely, or that any errors in the operation of the Software or the Service will be corrected. reQall will use reasonable commercial efforts to ensure that the information you post to the Service will be secure. These disclaimers of warranty constitute an essential part of this agreement.
7. LIMITATION OF REMEDIES: IN NO EVENT WILL REQALL BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR THE SERVICE INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE OR THE SERVICE, EVEN IF REQALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. YOU AGREE THAT YOUR ONLY REMEDY UNDER ANY CAUSE OF ACTION WHATSOEVER RELATED TO YOUR USE OF THE SOFTWARE OR THE SERVICE SHALL BE TO CEASE USING THE FOREGOING. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN THE EVENT THAT THE REMEDIES PERMITTED HEREUNDER ARE DEEMED BY A COURT OF COMPETENT JURISDICTION TO BE INADEQUATE, YOU AGREE THAT REQALL'S MAXIMUM LIABILITY SHALL BE LIMITED TO THE AMOUNTS RECEIVED FROM YOU AS FEES FOR THE USE OF THE SERVICE.
8. Exclusions and Limitations: NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU.
9. Indemnification: You agree to hold harmless and indemnify reQall and its subsidiaries, affiliates, officers, agents, and employees from and against any claim, suit or action arising from or in any way related to your use of the Software and the Service or your violation of this license agreement, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
10. Waiver and Severability of Terms: reQall's failure to enforce any provision of this license agreement shall not be deemed to constitute a waiver of any such provision or any other provision. If any of the terms of this license agreement is found by a court of competent jurisdiction to be invalid, the remaining terms shall remain in full force and effect.
11. Statute of Limitations: You agree that any claim or cause of action arising out of or related to the use of the Software or the Service or the content of this license agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred, notwithstanding any law or judicial decision to the contrary.
12. Applicable Law and Choice of Forum: This license will be governed by the laws of the State of California, without reference to conflicts of laws principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this license. You and reQall agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara County, California.
13. Export Controls: The Software and the underlying information and technology may not be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan and Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
14. U.S. Government End Users: The Software is deemed "commercial computer software" within the meaning of the applicable civilian and military Federal acquisition regulations and any supplement thereto. If the user of the Software is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software, including technical data or manuals, is restricted by the terms, conditions and covenants contained in this license. 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 Software is further restricted by the terms in this license.
15. Other Agreements: The Software is designed to be used in conjunction with the Service. Accordingly, your use of the Software is also defined by reQall's Terms of Service located at http://www.reqall.com/about/terms. Your use of the Software is also subject to reQall's Privacy Policy located at http://www.reqall.com/about/privacy. By downloading and using the Software and the Service, you agree with the terms of both of these documents. If you don't agree with any of the terms in these documents, you may not use the Software or the Service.