User License Agreement

THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU (USER) AND SHAPE SERVICES GMBH. (DEVELOPER). BY INSTALLING OR USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT

Please read this license carefully before using the Software. By successful registering or continuing to use the Software, you are agreeing to be bound by the terms of this license. If you do not agree to the terms of this license, please cease using the Software. If you do not agree to this license, you are not permitted to install or use any software from the DEVELOPER.

SOFTWARE LICENSE
USER acknowledges that the copyright in the Software and its associated documentation is the property of the DEVELOPER. Once registered, the USER is granted a non-exclusive FREE only during BETA-stage license to install and use this Software on a mobile device and to access to GPSed web-service via the Internet.

During BETA stage Software is distributed for FREE, but after the Software is commercially released the payment model will change.

USER can make a copy of this Software solely for backup or archival purposes.

The USER shall not modify, translate, reverse engineer, decompile or disassemble the Software or any part thereof or otherwise attempt to derive source code or create derivative works there from. The USER is not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Software.

USER's rights under this license will terminate automatically without further notice from the DEVELOPER if USER fails to comply with any term(s) of this license. Upon termination of this license, USER must cease all use of the Software and destroy all copies of the Software.

LIMITED WARRANTY
USER understands that recording online tracks and transmitting data from the Software including, but not limited to photos and comments will initiate a charge by the wireless carrier for the data transfer.
The DEVELOPER guarantees free updates within one version of the Software only.
THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE OF THE SOFTWARE IS AT HIS OWN RISK AND THAT THE SOFTWARE AND ALL RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. NEITHER THE DEVELOPER NOR THE SOFTWARE DISTRIBUTORS WILL BE LIABLE FOR DATA LOSS, DAMAGES, AND LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.
DEVELOPER does NOT guarantee or warrant that:
(a) The software will be completely error-free or fault-free or reliable.
(b) The software is suitable for a particular purpose.
(c) The software will meet your requirements.
(d) The defects in the software will be corrected.
(e) Access to GPSed web-service or to USER’s account will be available at all times.

The USER acknowledges that the DEVELOPER has no agreement with GoogleTM, and that changes in Google MapsTM mapping service may cause a permanent or temporary inability to access GPSed web-service.

The DEVELOPER will do its best to fix bugs and to provide convenient location-based and tracking services.