Terms of Use

STANDARD APP LICENSE TERMS

WINDOWS STORE

These license terms are an agreement between you and TouchMail Inc (“the app provider”). Please read them. They apply to the software app you download from the Windows Store, including any updates or supplements for the app, unless the app comes with separate terms, in which case those terms apply.

BY DOWNLOADING OR USING THE APP, OR TRYING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DON’T ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT DOWNLOAD OR USE THE APP.

The app provider means the entity licensing the app to you, as identified in the Windows Store.

If you comply with these license terms, you have the rights below.

INSTALLATION AND USE RIGHTS; EXPIRATION. You may install and use one copy of the app on up to five (5) Windows 8 enabled devices that are affiliated with the Microsoft account associated with your Windows Store account.

INTERNET-BASED SERVICES.

Consent for Internet-based or wireless services. The app connects to computer systems over the Internet, which might include via a wireless network. Using the app operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and app software, and peripherals) for Internet-based or wireless services.

Misuse of Internet-based services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account, or network by any means.

SCOPE OF LICENSE. The app is licensed, not sold. This agreement only gives you some rights to use the app. The app provider reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the app only as expressly permitted in this agreement. You may not:

Work around any technical limitations in the app.

Reverse engineer, decompile, or disassemble the app, except and only to the extent that applicable law expressly permits, despite this limitation.

Make more copies of the app than specified in this agreement or allowed by applicable law, despite this limitation.

Publish or otherwise make the app available for other people to copy.

Rent, lease, or lend the app.

DOCUMENTATION. If documentation is provided with the app, you may copy and use the documentation for personal reference purposes.

TECHNOLOGY AND EXPORT RESTRICTIONS. The app may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the app. These laws include restrictions on destinations, end users, and end use. For more info about Microsoft branded products, see the HYPERLINK "http://go.microsoft.com/fwlink/?LinkId=242130" \t "_blank" Microsoft exporting website (http://go.microsoft.com/fwlink/?LinkId=242130).

SUPPORT SERVICES. Microsoft and your hardware manufacturer aren’t responsible for providing support services for the app. If Microsoft is the app provider, it may provide support services, but isn’t obligated to do so under this agreement. Contact the app provider to determine what support services are available.

ENTIRE AGREEMENT. This agreement, any applicable privacy policy, and the terms for supplements and updates are the entire agreement between you and app provider for the app. If Microsoft is the app provider, this agreement doesn’t change the terms of your relationship with Microsoft with regard to Windows, including the Windows Store.

APPLICABLE LAW.

United States. If you acquired the app in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

Outside the United States. If you acquired the app in any other country, the laws of that country apply.

LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement doesn’t change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so.

DISCLAIMER OF WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, (A) THE APP IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE" AND YOU BEAR ALL RISK OF USING IT; (B) THE APP PUBLISHER, ON BEHALF OF ITSELF, MICROSOFT (IF MICROSOFT ISN’T THE APP PUBLISHER), AND EACH OF OUR RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS, GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS IN RELATION TO THE APP; (C) YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CAN’T CHANGE; AND (D) APP PUBLISHER AND MICROSOFT EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the extent not prohibited by law, you can recover from the app provider only direct damages up to the amount you paid for the app or $1.00, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect, or incidental damages from the app provider.

This limitation applies to:

Anything related to the app or services made available through the app; and

Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if:

Repair, replacement, or a refund for the app doesn’t fully compensate you for any losses; or

The app provider knew or should have known about the possibility of the damages.