Throughout this agreement, “app” will refer to MetaPractice apps (MetaPractice Teacher, MetaPractice Student) that are downloaded and installed from various app stores, while “website” will refer to the MetaPractice website, metapractice.net. The term “MetaPractice” will refer to both the app and the website.
- Installation and Use Rights. You may install and use a copy of the app on each device you own. Your access to MetaPractice must comply with the MetaPractice Terms of Service.
- Data Collection. The app may collect information about you and your use of the app and send that to Orange Note. Your opt-out rights, if any, are described in the Terms of Service. Some features in the software may enable collection of data from other users. If you use these features to collect data, you must comply with applicable law, including getting any required user consent, and maintain a prominent privacy policy that accurately informs users about how you use, collect, and share their data. You agree to comply with all provisions of the MetaPractice Privacy Policy.
- Scope of license. MetaPractice is licensed, not sold. Orange Note reserves all other rights. These terms of use grant you a personal, non-exclusive, non-transferable, revocable license to access and use MetaPractice. Any use of MetaPractice not expressly permitted by this licensing agreement or the Terms of Service is a breach of contract and may violate copyright, trademark, and other laws. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
- work around any technical limitations in the app or website that only allow you to use it in certain ways;
- reverse engineer, decompile or disassemble the app;
- remove, block, or modify any notices of Orange Note or its suppliers in the app,
- use the app in any way that is against the law or to create or propagate malware; or
- share, publish, distribute, or lend the app, provide the app as a stand-alone hosted solution for others to use, or transfer the app or this agreement to any third party.
- Support Services. Orange Note is not obligated under this agreement to provide any support services for the app. Any support provided is “as is,” “with all faults,” and without warranty of any kind.
- You will periodically be required to download updates of MetaPractice to improve or expand its functionality or to fix problems. You agree to download periodic updates as they become available.
- Applicable law and place to resolve disputes. If you acquired the app in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. If you acquired this software in any other country, its laws apply. If U.S. federal jurisdiction exists, you and Orange Note consent to exclusive jurisdiction and venue in the federal court in the U.S. District Court, District of Nevada.
- Orange Note gives no contractual guarantee in relation to the licensed app.
- Disclaimer of Warranty. The software is licensed “as is.” You bear the risk of using it. Orange Note gives no express warranties, guarantees, or conditions. To the extent permitted under applicable laws, Orange Note excludes all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
- Limitation on and Exclusion of Damages. If you have any basis for recovering damages despite the preceding disclaimer of warranty, you can recover from Orange Note and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to (a) anything related to the app, services, content (including code) on third party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law. It also applies even if Orange Note knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province or country may not allow the exclusion or limitation of incidental, consequential, or other damages.