THIS IS A LEGAL AGREEMENT BETWEEN YOU AND First Technology Federal Credit Union (“FTFCU”) for use in the United States, stating the terms that govern your use of the First Tech Mobile application (“Licensed Application”). This agreement, together with all updates, additional terms, additional mobile product agreements, software licenses, and all of FTFCU’s rules and policies, collectively constitute the “agreement” between you and FTFCU. By installing the Licensed Application you are indicating that you agree to these terms. If you do not agree to these terms do not install or use the application. You must accept and abide by these terms as presented to you. Changes, additions, or deletions are not acceptable, and FTFCU may refuse access to the Licensed Application for noncompliance with any part of this agreement.
The Licensed Application is licensed, not sold, to you for use only under the terms of this license, unless accompanied by a separate license agreement issued by FTFCU, in which case the terms of that separate FTFCU license agreement will govern. Licensor (hereinafter, “Licensor” or “FTFCU”) reserves all rights not expressly granted to you.
This license granted to you for the Licensed Application by FTFCU is limited to a non-transferable license to use the Licensed Application on your IOS iPhone, iPad iPod Touch, Android, or Windows devices that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Licensed Application on any product that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer in any form (including rent, lease, lend, sell, redistribute, or sublicense) the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any parts of updates, except regarding use of open source elements components included with this Licensed Application). Any attempt to do so is a violation of the rights of FTFCU and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by FTFCU that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license or agreement in which case the terms of that license or agreement will govern.
The license is effective until terminated by you or FTFCU. Any rights granted herein are subject to termination with or without notice from FTFCU if you violate and/or fail to comply with any terms or conditions set for herein. Once this license is terminated, you are no longer entitled to use the Licensed Application. You shall cease all use of the Licensed Application, and destroy any legally made copies or portions thereof, of the Licensed Application.
The Licensed Application may enable access to FTFCU and third party services and web sites, including GPS locator websites, such as Google, that allow you to find a branch (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.
To the extent this Licensed Application allows you to access third party Services, FTFCU, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will FTFCU be liable for the removal of or disabling of access to any such Services. FTFCU may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
You understand that FTFCU may offer integration of its own and/or third party Services for your convenience. Further,
You expressly acknowledge and agree that use of the Licensed Application 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 Licensed Application and any services performed or provided by the Licensed Application are provided “as is” and “as available”, with all faults and without warranty of any kind, and FTFCU HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS OR IMPLIED, STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
FTFCU does not warrant against interference with your enjoyment of the Licensed Application in any way, or that defects in the Licensed Application or services will be corrected. No information or advice given by FTFCU representatives shall create any warranty. Should the Licensed Application or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
To the extent not prohibited by law, in no event shall FTFCU be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort or otherwise), even where FTFCU has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall FTFCU’s 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 ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
Copyrights and Trademarks. Except where otherwise specified the contents of the Licensed Application are copyright (c) 2017 FTFCU.
All rights reserved.