SOFTWARE LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING YOUR DEVICE OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING THIS LICENSE. BY USING YOUR DEVICE OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE DEVICE OR DOWNLOAD THE SOFTWARE UPDATE
IF YOU HAVE RECENTLY PURCHASED A DEVICE AND YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE DEVICE WITHIN THE RETURN PERIOD SUBJECT TO THE RETURN POLICY. BY USING YOUR UNPLUGGED DEVICE (“DEVICE”), YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS.
GENERAL
The software, documentation, interfaces, content, fonts and any data that came with your Device (“Original Software”), as may be updated or replaced by feature enhancements, software updates, security responses, system files, or system restore software provided by Unplugged Technologies Ltd. (“Unplugged”) for your Device or supported peripheral device (“Software Changes”), whether in read only memory, on any other media or in any other form (the Original Software and Software Changes are collectively referred to as the “Software”) are licensed, not sold, to you by Unplugged for use only under the terms of this License. Unplugged and its licensors retain ownership of the Software itself and reserve all rights not expressly granted to you. The terms of the license will govern any upgrades provided by Unplugged that replace and/or supplement the Original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
SCOPE OF LICENSE
Subject to the terms and conditions of this License, you are granted a limited non-exclusive non-transferable, except as detailed below, and non-sub licensable to use the Software on a single Unplugged device. This license does not grant you any rights to use Unplugged proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with Devices. This license granted to You for the Licensed Products by Company is limited to a non-transferable license to use the and access Licensed Products with any device that You own or control and. This license does not allow You to use the Licensed Products on any device that You do not own or control, and You may not distribute or make the Licensed Products available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Products. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Products, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of the Company and its licensors. If You breach this restriction, You may be subject to prosecution and damages.
You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Software or any services provided by the Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the Software). You agree not to remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Software.
You agree to use the Software in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Software and services. Features of the Software and the services may not be available in all languages or regions, some features may vary based on age or region, and some may be restricted or unavailable from your service provider. Some features of the Software and services may require a certain type of network connection.
The Software enables the installment and running of third party application on your device. You acknowledge your exclusive responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such third party application, and Unplugged disclaims any liability that you may incur arising from your access to, use of or reliance upon such third party application through the Software. You acknowledge and agree that we: (i) are not responsible for the availability, accuracy integrity, quality or lawfulness of such third party application or; (ii) have no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such third party application; and (iii) do not make any promises to remove third party application from being accessed through the Software.
You acknowledge that many features, built-in apps, and services of the Software use cellular voice, text, or data and could impact charges to your cellular plan, and that you are responsible for any such charges. You can view and control which applications are permitted to use cellular data and view an estimate of how much data such applications have consumed.
If you choose to allow automatic app updates, your Device will periodically check with Unplugged for updates to the apps on your Device and, if one is available, the update will automatically download and install onto your Device.
Using your Device in some circumstances can distract you and may cause a dangerous situation (for example, avoid typing a text message while driving a car or listening to music on headphones while riding a bicycle). By using your Device you agree that you are responsible for observing rules that prohibit or restrict the use of mobile phones or headphones (for example, the requirement to use handsfree options for making calls when driving).
PRE-INSTALLED APPS
To the extent that Unplugged has preinstalled Unplugged apps on your Device at the time of purchase (“Preinstalled Apps”), you will need to log into the Unplugged application store and associate these Preinstalled Apps with your account in order to use them on your Device. Please be aware that while some Preinstalled Apps are developed, owned, or operated by us and are subject our End-User License Agreement (EULA) which can be found here https://unplugged.com/tos, others apps are developed, owned, or operated by third parties and are not governed by this EULA. You may access and download third party apps through our app center which is governed by our App Center Terms of Service. By using the Software and accepting this License you acknowledge and agree to be bound by the terms of the EULA and App Center Terms of Service.
We do not control, endorse, or assume responsibility for any third-party Pre-installed Apps, and your use of such apps is at your own risk. The terms and conditions, privacy policies, and end user license agreements of those third-party apps may differ from ours and may impose additional obligations or restrictions on you. It is your responsibility to carefully review and accept the applicable terms and policies of any third-party Pre-installed App before accessing or using it. If you do not agree to the terms of a third-party Pre-installed App, you should not use or access that app.
RESTRICTIONS
You represent and warrants that you will use the Software in accordance with our Acceptable Use Policy. You may not use the Software for any purpose beyond the scope of the licenses granted in this Agreement, and all other rights are reserved by Unplugged. Without limiting the generality of the foregoing and except as expressly permitted in this Agreement, You will not and will not permit any user or third party to: (a) authorize or permit access to or use of the Software by persons other than users; (b) assign, sublicense, distribute, sell, lease, rent, novate or otherwise transfer or convey the Software, to any third party without Unplugged’s prior written consent, except as set forth in the transfer provision in this Agreement; (c) use the Software in violation of any applicable law or regulation or to support or facilitate any illegal activity (d) pledge as security or otherwise encumber the rights granted under this Agreement; (e) modify, adapt or create any derivative works of the Software (or any component thereof); (f) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Software except and only to the extent: (g) that applicable law expressly permits such actions despite this limitation; or such actions are required to debug changes to any third party open source software libraries linked to by the Software; (h) use the Software as a service provider or application service provider for third parties; (i) circumvent or attempt to circumvent any technical restrictions in the Software; (j) remove, alter or obscure any proprietary notices or legends from the Software or any copies thereof; (k) detach or separate any libraries, files, modules or other components embedded within the Software even if any such library, file, module or other component is separately licensable, or use any such modules, files or other components separately from the Software (except to the extent that a documented feature of the Software product is implemented by doing so).
TRANSFER
You may not rent, lease, lend, sell, redistribute, or sublicense the Software. You may, however, make a one-time permanent transfer of all of your license rights to the Software to another party in connection with the transfer of ownership of your Device, provided that:
- the transfer must include your Device and all of the Software, including all its component parts and this License;
- you do not retain any copies of the Software, full or partial, including copies stored on a computer or other storage device; and
- the party receiving the Software reads and agrees to accept the terms and conditions of this License.
Unplugged may assign all or any portion of this License or any rights or obligations hereunder to any Unplugged affiliate or subsidiary at any time without notice.
PROPRIETARY RIGHTS
The logo, product names, Software, copies of Software, manuals, documentation, support materials and trademarks are patented, copyrighted, trademarked, or owned by Unplugged and its affiliates as trade secrets or proprietary information. Except as provided herein, Unplugged retains all right, title and interest in and to the Software and related marks, logos and content, trademarks, service marks, trade names, trade dress, domain names, patents, inventions, trade secrets, copyrights, database rights, including without limitation any derivatives, improvements and modifications thereto, and all other intellectual or industrial proprietary rights (including know-how), therein.
If you choose to provide Unplugged with suggested improvement, feedback, commentary, ideas, concept or other statements concerning the Software (“Feedback“), you hereby grants Unplugged a perpetual, irrevocable, non-exclusive, worldwide, fully-paid, sub-licensable, assignable license to incorporate into Unplugged services or otherwise use any Feedback Unplugged receives from Customer to improve Software, provided that such Feedback are used in a manner that is not attributable to the customer. You irrevocably waive any moral rights in such Feedback pursuant to applicable copyright law. Unplugged acknowledges that any Feedback is provided on an “as-is” basis with no warranties of any kind.
To the extent that you transmit any content through the use of the Software and services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to transmit, such content and that such content does not violate any terms of service applicable to the Software and Services. You agree that the Software and services contain proprietary content, information and material that is owned by Unplugged, the site owner or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Software and Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Unplugged.
CONSENT TO PRIVACY POLICY
Use of the Software is subject to our Privacy Policy, which is hereby incorporated into this EULA by reference.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. UNPLUGGED DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERRORFREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THIS LICENSE, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL UNPLUGGED, ITS AFFILIATES, THEIR AGENTS OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE, APPLICATIONS OR SERVICES IN CONJUNCTION WITH THE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF UNPLUGGED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS (U.S.$50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
U.S. GOVERNMENT RESTRICTED RIGHTS
Each of the components that constitute the Software is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” or “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein. If Software is acquired for or on behalf of the U.S. Government, then it is recognized and agreed that the Software: (i) was developed at private expense; (ii) was not required to be originated or developed under a Government contract; and (iii) was not generated as a necessary part of performing a Government contract. United States government agencies and entities and others acquiring under a United States government contract shall have only those rights, and shall be subject to all restrictions, set forth in this Agreement.
EXPORT CONTROLS
The use of this Software is subject to the U.S. Export Administration Regulations. You agree to the following: (a) you are not a citizen, national or resident of, and am not under the control of, the government of Cuba, Iran, North Korea, Syria, Sudan nor any other country to which the United States has prohibited export; (b) you will not export or re-export the Software, directly or indirectly, neither to the above mentioned countries nor to citizens, nationals or residents of those countries; (c) you are not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders; (d) you will not export or re-export the Software, directly, or indirectly, to persons on the above mentioned lists; and (e) you will not use the Software for, and will not allow the Software to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. We reserve the right to restrict your use of the Software if required by applicable law, including, without limitation, any export control laws or regulations to which we are subject.
MISCELLANEOUS
Applicable Law. These Terms will be governed and interpreted under the laws of the State of Delaware, excluding its principles of conflict of laws. The Parties agree that the exclusive forum for any action or proceeding will be in the state or federal courts located in the State of Delaware. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Force Majeure. We shall not be liable for any failure due to causes beyond its reasonable control including, but not limited to, nature disaster, riot, war, strike, epidemics, acts of terrorism. In an event of force majeure condition, our time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting us to any liability.
Assignment. User may not assign or transfer these Terms or any rights or delegate any duties herein and therein without our prior written consent. Any attempted assignment, transfer or delegation in contravention of this Section by User will be null and void. These Terms will inure to the benefit of the Parties hereto and their permitted successors and assigns. We may assign these terms in connection with a merger, acquisition, sale of all or substantially all of the our shares or any assets, or other such corporate reorganization.
Nonwaiver. Any failure or delay by us to exercise or partially exercise any right, power or privilege under these Terms will not be deemed a waiver of any such right, power or privilege under these Terms. No waiver by us of a breach of any term, provision or condition of these Terms by the User will constitute a waiver of any succeeding breach of the same or any other provision hereof. No such waiver will be valid unless executed in writing by us.
Severability. If any term or condition of these Terms is to any extent held invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms will not be affected thereby, and each term and condition will be valid and enforceable to the fullest extent permitted by law.
Entire Agreement. These Terms constitute the entire agreement between the Parties relating to the subject matter hereof, and there are no other representations, understandings or agreements between the Parties relating to the subject matter hereof.
Last update: Nov 6, 2025