Get it Now - Terms & Conditions
Get It Now is a service provided by Verizon Wireless that allows its customers with acompatible wireless communications device to download, install and use applications,including Ringtones, wallpaper, games, productivity tools or other information, directlyto the device. Charges for airtime used in connection with the service, including, withoutlimitation, airtime used to browse the catalog of applications available for download, todownload the applications and/or to use the applications, will be assessed in accordancewith your Calling Plan. In addition, you also may be assessed recurring or non-recurringsurcharges when you download applications. These surcharges will vary depending onthe application, and may consist of transaction charges, one-time fees, monthly fees orother subscription charges; the available options will be presented to you whenpurchasing applications. You will be notified of the amount of these surcharges whenyou begin to download applications, and you will be given an opportunity at that timeto accept or reject the surcharges. All charges and surcharges will appear on your monthlybill from Verizon Wireless. You will be responsible for all charges incurred until theapplication is deleted from your account, regardless of whether you lose your device,replace your device or invoke Get It Now blocking on your device.Whenever you use the service, or download, install and/or use any of the applications,you agree not to: (i) violate any applicable law, rule or regulation; (ii) harass, offend,threaten, embarrass, distress or invade the privacy of any individual or entity; (iii)provide false information or impersonate another person; and/or (iv) take any actionthat infringes upon any third party’s copyright, trademark, patent or other intellectualproperty right(s). Verizon Wireless may, without prior notice, take any action it deemsnecessary, including, without limitation, removing or deleting applications andrestricting or limiting use of the service, for proper administration of the service.
Consent to Monitoring and Disclosure. Verizon Wireless is under no obligation tomonitor use of the service, but it may do so to: (i) comply with applicable laws, rulesand regulations or orders of courts or governmental agencies with proper jurisdiction;or (ii) operate the service properly (including but not limited to location-based
Disclaimer of Warranty. THE APPLICATIONS ARE LICENSED TO YOU “AS IS.” THEDEVELOPERS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE APPLICATIONS,WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIEDWARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE. THE DEVELOPERS ALSO DISCLAIM ALL WARRANTIES WITHREGARD TO WHETHER THE APPLICATIONS WILL MEET YOUR REQUIREMENTS, WORK INCOMBINATION WITH ANY HARDWARE OR OTHER SOFTWARE OR OPERATE ON ANUNINTERRUPTED OR ERROR-FREE BASIS. SOME JURISDICTIONS DO NOT ALLOW THEEXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY ORMAY BE LIMITED.
Limitation of Liability. IN NO EVENT WILL THE DEVELOPERS BE LIABLE FOR ANYCONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR STATUTORYDAMAGES OF ANY KIND ARISING OUT OF THE DOWNLOAD, INSTALLATION AND/OR USE OFANY APPLICATION, INCLUDING, BUT NOT LIMITED TO LOST DATA, REVENUES, BUSINESS ORPROFITS, EVEN IF THE DEVELOPERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. IN NO EVENT WILL THE DEVELOPERS’ LIABILITY FOR ANY CLAIM REGARDINGPARTICULAR APPLICATIONS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)OR ANY OTHER THEORY OF LIABILITY, EXCEED THE CHARGES PAID BY YOU, IF ANY, FORTHE SUBJECT APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OFLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONMAY NOT APPLY OR MAY BE LIMITED.
Export. The APPLICATIONS are subject to the export control laws, rules and regulationsof the United States and other jurisdictions. You agree to comply with all such laws, rulesand regulations.
Government. The APPLICATIONS are commercial in nature and developed solely atprivate expense. The APPLICATIONS are provided as “Commercial Computer Software”as defined in DFARS 252.227-7014 or as a commercial item as defined in FAR 2.101(a).The APPLICATIONS, therefore, are provided with only such rights as are provided in thisLICENSE AGREEMENT.
Dispute Resolution. Any controversy or claim arising out of or relating to this LICENSEAGREEMENT will be settled by independent arbitration administered by the AmericanArbitration Association under the Wireless Industry Arbitration rules as modified by thisLICENSE AGREEMENT. The arbitration shall occur before a single, neutral arbitrator and,in rendering a decision, the arbitrator shall apply the substantive law of the State of NewYork. The decision of the arbitrator shall be enforceable in the Federal District Court forthe district where the arbitration is held.
Miscellaneous.This LICENSE AGREEMENT is governed by the laws of the State of NewYork without regard to its conflict of law principles. The United Nations Convention onContracts for the Sale of International Goods does not apply to this LICENSE AGREEMENT.If any provision of this LICENSE AGREEMENT is held illegal, invalid or unenforceable, inwhole or in part, such provision shall be modified to the minimum extent necessary tomake it legal, valid and enforceable, and the legality, validity and enforceability of allother provisions of this LICENSE AGREEMENT shall not be affected thereby. This LICENSEAGREEMENT constitutes the entire agreement between you and the DEVELOPERSregarding its subject matter, and it supersedes any prior agreements, whether writtenor oral, relating to the subject matter of this LICENSE AGREEMENT. No modification oralteration of this LICENSE AGREEMENT will be valid except in writing and signed by bothparties.
GET IT NOW® License Agreement
Carefully read the terms and conditions set forth in this Get It Now License Agreement(“LICENSE AGREEMENT”) before downloading, installing or using any Ringtones, games,productivity tools or other Get It Now applications (“APPLICATIONS”) to your wirelesscommunications device. To the extent that you download, install and/or use any of theAPPLICATIONS, you agree to be bound by all the terms and conditions set forth in thisLICENSE AGREEMENT.
Agreement. This LICENSE AGREEMENT is between you and each of the developers of theAPPLICATIONS (“DEVELOPERS”), individually, for each APPLICATION. Although VerizonWireless has been licensed by the DEVELOPERS to sublicense each APPLICATION to you,Verizon Wireless is not a party to this LICENSE AGREEMENT.
Limited License. The DEVELOPERS, through Verizon Wireless, grant to you anonexclusive, limited license to download, install and/or use the object code version ofthe APPLICATIONS on your wireless communications device. All rights not expresslygranted in this LICENSE AGREEMENT are reserved by the DEVELOPERS.
Other Software. Notwithstanding any other provision of this LICENSE AGREEMENT,this LICENSE AGREEMENT shall not be deemed to apply to any software that islicensed to you by third parties and that is included on your wireless communicationsdevice (“OTHER SOFTWARE”). Any such OTHER SOFTWARE is subject to the terms andconditions of the license agreement, if any, between you and the developer or licensor ofthe OTHER SOFTWARE.
Restrictions. No license is granted to you by this LICENSE AGREEMENT in the humanreadable code, known as the source code, of the APPLICATIONS, and no rights aregranted to you by this LICENSE AGREEMENT in any patents, copyrights, trade secrets,trademarks or any other rights in respect of the APPLICATIONS. In addition, no license isgranted to you by this LICENSE AGREEMENT to decompile, reverse-engineer, disassembleor modify the APPLICATIONS. Further, no license is granted to you by this LICENSEAGREEMENT to: (i) remove, efface or obscure any copyright or other proprietary noticesfrom the APPLICATIONS; or (ii) exploit, copy, reproduce, sublicense, transfer or assignthe APPLICATIONS.
Ownership. You agree that the DEVELOPERS retain all right, title and interest in andto the APPLICATIONS and all copies of the APPLICATIONS. This includes all copyrights inthe APPLICATIONS.
Term and Termination. This LICENSE AGREEMENT will become effective with respectto each APPLICATION on the date you first download, install and/or use suchAPPLICATION, and it will remain in effect until terminated. You may terminate thisLICENSE AGREEMENT with respect to any APPLICATION at any time by removing suchAPPLICATION from your wireless communications device. This LICENSE AGREEMENTwill also terminate immediately with respect to all APPLICATIONS, without notice, ifyou fail to comply with any term or condition of this LICENSE AGREEMENT. Upon suchtermination, you agree to immediately remove all APPLICATIONS from your wirelesscommunications device.
Disclaimer of Warranty. THE APPLICATIONS ARE LICENSED TO YOU “AS IS.” THEDEVELOPERS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE APPLICATIONS,WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIEDWARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE. THE DEVELOPERS ALSO DISCLAIM ALL WARRANTIES WITHREGARD TO WHETHER THE APPLICATIONS WILL MEET YOUR REQUIREMENTS, WORK INCOMBINATION WITH ANY HARDWARE OR OTHER SOFTWARE OR OPERATE ON ANUNINTERRUPTED OR ERROR-FREE BASIS. SOME JURISDICTIONS DO NOT ALLOW THEEXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY ORMAY BE LIMITED.
Limitation of Liability. IN NO EVENT WILL THE DEVELOPERS BE LIABLE FOR ANYCONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR STATUTORYDAMAGES OF ANY KIND ARISING OUT OF THE DOWNLOAD, INSTALLATION AND/OR USE OFANY APPLICATION, INCLUDING, BUT NOT LIMITED TO LOST DATA, REVENUES, BUSINESS ORPROFITS, EVEN IF THE DEVELOPERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. IN NO EVENT WILL THE DEVELOPERS’ LIABILITY FOR ANY CLAIM REGARDINGPARTICULAR APPLICATIONS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)OR ANY OTHER THEORY OF LIABILITY, EXCEED THE CHARGES PAID BY YOU, IF ANY, FORTHE SUBJECT APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OFLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONMAY NOT APPLY OR MAY BE LIMITED.
Export. The APPLICATIONS are subject to the export control laws, rules and regulationsof the United States and other jurisdictions. You agree to comply with all such laws, rulesand regulations.
Government. The APPLICATIONS are commercial in nature and developed solely atprivate expense. The APPLICATIONS are provided as “Commercial Computer Software”as defined in DFARS 252.227-7014 or as a commercial item as defined in FAR 2.101(a).The APPLICATIONS, therefore, are provided with only such rights as are provided in thisLICENSE AGREEMENT.
Dispute Resolution. Any controversy or claim arising out of or relating to this LICENSEAGREEMENT will be settled by independent arbitration administered by the AmericanArbitration Association under the Wireless Industry Arbitration rules as modified by thisLICENSE AGREEMENT. The arbitration shall occur before a single, neutral arbitrator and,in rendering a decision, the arbitrator shall apply the substantive law of the State of NewYork. The decision of the arbitrator shall be enforceable in the Federal District Court forthe district where the arbitration is held.
Miscellaneous. This LICENSE AGREEMENT is governed by the laws of the State of NewYork without regard to its conflict of law principles. The United Nations Convention onContracts for the Sale of International Goods does not apply to this LICENSE AGREEMENT.If any provision of this LICENSE AGREEMENT is held illegal, invalid or unenforceable, inwhole or in part, such provision shall be modified to the minimum extent necessary tomake it legal, valid and enforceable, and the legality, validity and enforceability of allother provisions of this LICENSE AGREEMENT shall not be affected thereby. This LICENSEAGREEMENT constitutes the entire agreement between you and the DEVELOPERSregarding its subject matter, and it supersedes any prior agreements, whether writtenor oral, relating to the subject matter of this LICENSE AGREEMENT. No modification oralteration of this LICENSE AGREEMENT will be valid except in writing and signed by bothparties.
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