1. rent, lease, lend, sell, exchange, barter, assign, transfer, redistribute or sublicense the App, or any part thereof;
2. copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, create derivative works of, or otherwise exploit, the App, or any part thereof;
3. modify the App in any manner, or use it in conjunction with any other software to create a web application hybrid (i.e. a so-called ‘mashup’);
4. remove, conceal, destroy or otherwise dispose of any copyright, trade mark or other proprietary rights notice from the App;
5. use the App, or any part thereof: for any commercial purpose; in any manner that violates any law, statute, ordinance or regulation; or, in any manner that infringes or violates the rights of any other party.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE APP IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE INFORMATION PROVIDED BY, THE APP COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHST OF A CONSUMER; IN SUCH CASE, THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH CASE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL WIFARER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED $10.00.

Upon termination of this EULA:

1. the licenses granted to you pursuant to section 2 is immediately revoked;
2. you must immediately cease accessing and/or using the App; and,
3. you must immediately delete the App from your mobile device.

1. Entire Agreement. This EULA, together with Wifarer’s privacy policy (located at http://www.wifarer.com/privacy), constitutes the entire agreement between the parties with respect to all of the matters herein. Any representations, inducements, promises and agreements, oral or otherwise, not contained herein have no force or effect in the construction of the rights and obligations of the parties created by this agreement.
2. Severability. If any provision of this EULA is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision will be enforced to the maximum extent permitted by law, and the remaining provisions of this EULA will continue in full force and effect. Terms of Use.
3. No Third Party Beneficiaries. This EULA does not confer upon any person, other than the parties hereto, any rights or remedies hereunder.
4. Injunctive Relief. You acknowledge and agree that, notwithstanding any other provisions of this EULA, your breach or threatened breach of this EULA will cause Wifarer irreparable damage for which recovery of money damages would be inadequate and Wifarer, therefore, may obtain timely injunctive relief to protect its rights under this EULA, in addition to any and all other remedies available at law or in equity.
5. No Waiver. No waiver of any provision of this EULA will be deemed a further or continuing waiver of such provision or any other provision of this EULA.
6. Jurisdiction. This EULA is governed by and is to be construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, Toronto, Ontario, Canada.
7. Enurement. This EULA is binding upon and enures to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns.
8. Arbitration. Any claim, controversy or dispute arising out of or related to App that cannot be settled by private negotiation must be resolved solely and exclusively by final and binding arbitration (“Arbitration”). The Arbitration hearing will take place in Toronto, Ontario, unless otherwise agreed to by all parties to the Arbitration, before a single neutral arbitrator licensed to practice law. The arbitrator shall apply the laws of the Province of Ontario, and the laws of Canada applicable therein, without regard to conflict of laws provisions thereto. The arbitrator has the authority to award compensatory damages only; you expressly waive the right to seek punitive damages in any Arbitration hereunder. A party wishing to submit a matter to Arbitration must notify the party against whom redress is sought, in writing, and describe the nature of the claim and the material facts surrounding the claim. The arbitrator shall render a single written decision. The arbitrator’s award shall be final and binding and may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorney’s fees in connection with any Arbitration arising hereunder, and the fees and expenses in connection with such Arbitration will be borne by the party commencing the Arbitration. Notwithstanding anything to the contrary herein, neither party is precluded from seeking injunctive relief in any court of competent jurisdiction. All claims, controversies, and disputes, including any representative claims against Wifarer and/or related third parties, must be resolved by binding arbitration only on an individual basis. Therefore, you waive the right to file, participate in, or be a member of any class action lawsuit, representative action, or class arbitration. It is an indispensable condition of the Arbitration that there will be no class arbitration. This provision is enforceable to the maximum extent permitted by law.