Ginger Software 3.7.158

EULA - End User License Agreement

The Company reserves the right to modify the terms of this EULA at any time and from time to time by providing such revised terms to you or by publishing the revised terms on the Ginger Software Website. The terms of any such revised EULA shall become effective within seven (7) days of such publishing or provision to you, unless you sooner expressly accept such revised EULA by clicking on the accept button. The express acceptance by you, or your continued use of the Software or the Services after expiration of the seven (7) days’ notice period shall constitute your acceptance to be bound by the terms and conditions of the revised EULA. You can find the latest version of the EULA at the Ginger Software Website.

You acknowledge and agree that, with respect to any Ginger App designed for use on an Apple, Inc. iOS-powered mobile device, if any of the terms and conditions of this EULA are inconsistent or in conflict with Apple Inc.’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (currently located at http://www.apple.com/legal/itunes/appstore/dev/minterms/), the terms and conditions of Apple’s instructions for Minimum Terms of Developer’s End User License Agreement shall apply.

You acknowledge and agree that, with respect to any Ginger App downloaded from Amazon Digital Services, Inc.'s or any of its affiliates (collectively, 'Amazon'), if any of the terms and conditions of this EULA are inconsistent or in conflict with the default end user license terms as set forth in Amazon's App Distribution Agreement (currently located at https://developer.amazon.com/appsandservices/support/legal/da), the terms and conditions of such default end user license terms shall apply.

The waiver of a breach of any term or condition of this EULA by the Company shall in no way be construed as a waiver of any other term or breach hereof or as a waiver of any future breach of the same term.

This EULA constitutes the entire agreement between you and Ginger Software relating to the Software and the Services and supersedes any and all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software, the Services or any other subject matter covered by this EULA.

If any provision of these Terms shall be held by a court or tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this EULA shall remain in full force and effect.

To the greatest extent under applicable law, (1) if you acquired the Software in the United States, the laws of the State of New York, United States of America, shall govern the interpretation and enforcement of this EULA without regard to principles of conflicts of laws, and all disputes arising out of this EULA shall be subject to the sole and exclusive jurisdiction of the federal or state courts within the State of New York, except that the Company shall have the right to bring an action for injunctive relief in any court of competent jurisdiction; (2) if you acquired the Software in Canada, unless prohibited by local law, the laws of the Province of Ontario, Canada, shall govern the interpretation and enforcement of this EULA without regard to principles of conflicts of laws, and all disputes arising out of this EULA shall be subject to the sole and exclusive jurisdiction of the federal or provincial courts sitting in Toronto, Ontario, Canada, except that the Company shall have the right to bring an action for injunctive relief in any court of competent jurisdiction; (3) if you acquired the Software in the European Union, Iceland, Norway or Switzerland, unless prohibited by local law, the laws of the Netherlands shall govern the interpretation and enforcement of this EULA without regard to principles of conflicts of laws, and all disputes arising out of this EULA shall be subject to the sole and exclusive jurisdiction of the courts of the Netherlands, except the Company shall have the right to bring an action for injunctive relief in any court of competent jurisdiction; and (4) if you acquired the Software in any other country, unless prohibited by local law, the laws of the State of New York, United States of America, shall govern the interpretation and enforcement of this EULA without regards to principles of conflicts of laws, and all disputes arising out of this EULA shall be subject to the sole and exclusive jurisdiction of the federal and state courts within the State of New York, except the Company shall have the right to bring an action for injunctive relief in any court of competent jurisdiction. If applicable law prohibits any of the foregoing provisions regarding choice of law or jurisdiction, then the applicable law regarding such matters shall govern the interpretation and enforcement of this EULA and/or jurisdiction for dispute resolution.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE 'I UNDERSTAND AND AGREE' BUTTON AND/OR CONTINUING TO INSTALL OR USE THE SOFTWARE, YOU EXPRESSLY AND IRREVOCABLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS EULA.