Blik Calendar Widget terms of use (EULA)

These Terms of Service apply to the executable code version of the Blik Calendar Widget.

By agreeing to have any of JoeProgrammer, Inc software products installed on to your Android-equipped device and by subsequent use of the Software, you agree to comply with the terms of this general End User License Agreement (“EULA”) where no specific agreement is in place between JoeProgrammer, Inc and the user of the software. If you do not agree to the terms of this EULA, do not install or use the Software. Purchases and refunds are covered in section 12. This EULA applies to any upgrades and supplements to the original Software provided.

1. Your relationship with JoeProgrammer, Inc

1.1 Your use of JoeProgrammer’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by JoeProgrammer under a separate written agreement) is subject to the terms of a legal agreement between you and JoeProgrammer. “JoeProgrammer” means JoeProgrammer, Inc. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by JoeProgrammer in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that JoeProgrammer will treat your use of the Services as acceptance of the Terms from that point onwards.

3. Language of the Terms

3.1 Where JoeProgrammer has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with JoeProgrammer.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Use of the Services by you

4.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

4.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.3 Unless you have been specifically permitted to do so in a separate agreement with JoeProgrammer, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

4.4 You agree that you are solely responsible for (and that JoeProgrammer has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which JoeProgrammer may suffer) of any such breach.

5. Content in the Services

5.1 You understand that all information (such as data files, written text, or other images) which you may have access to as part of the Services are protected by intellectual property rights which are owned by JoeProgrammer.

5.2 You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by JoeProgrammer in a separate agreement.

5.3 You agree that you are solely responsible for (and that JoeProgrammer has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions by doing so.

6. Proprietary rights

6.1 You acknowledge and agree that JoeProgrammer (or JoeProgrammer’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

6.2 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

7. License from JoeProgrammer

7.1 JoeProgrammer gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by JoeProgrammer as part of the Services as provided to you by JoeProgrammer (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by JoeProgrammer, in the manner permitted by the Terms.

7.2 Subject to section 1.1, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by JoeProgrammer, in writing.

7.3 Subject to section 1.1, unless JoeProgrammer has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

8. EXCLUSION OF WARRANTIES

8.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 8 AND 9, SHALL EXCLUDE OR LIMIT JOEPROGRAMMER’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

8.3 IN PARTICULAR, JOEPROGRAMMER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

8.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOEPROGRAMMER OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

8.5 JOEPROGRAMMER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

9. LIMITATION OF LIABILITY

9.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 8.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOEPROGRAMMER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH JOEPROGRAMMER MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

9.2 THE LIMITATIONS ON JOEPROGRAMMER’S LIABILITY TO YOU IN PARAGRAPH 9.1 ABOVE SHALL APPLY WHETHER OR NOT JOEPROGRAMMER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

10. Changes to the Terms

10.1 JoeProgrammer may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, JoeProgrammer will make a new copy of the Universal Terms available at https://joeprogrammer.com/android/blikeula.html and any new Additional Terms will be made available to you from within, or through, the affected Services.

10.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, JoeProgrammer will treat your use as acceptance of the updated Universal Terms or Additional Terms.

11. General legal terms

11.1 The Terms constitute the whole legal agreement between you and JoeProgrammer and govern your use of the Services (but excluding any services which JoeProgrammer may provide to you under a separate written agreement), and completely replace any prior agreements between you and JoeProgrammer in relation to the Services.

11.2 You agree that if JoeProgrammer does not exercise or enforce any legal right or remedy which is contained in the Terms (or which JoeProgrammer has the benefit of under any applicable law), this will not be taken to be a formal waiver of JoeProgrammer’s rights and that those rights or remedies will still be available to JoeProgrammer.

11.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

11.4 You acknowledge and agree that each member of the group of companies of which JoeProgrammer is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

11.5 The Terms, and your relationship with JoeProgrammer under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and JoeProgrammer agree to submit to the exclusive jurisdiction of the courts located within the county of San Francisco, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that JoeProgrammer shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

12. Purchases

12.1 Blik Calendar Widget is free to use. Some features (“Blik Pro”) may require a purchase. JoeProgrammer may offer these as subscriptions, one-time purchases, or a separate app such as Blik License Key, and the options and the features they include may change over time. JoeProgrammer may also offer optional tips, which support development and don’t unlock any features.

12.2 All purchases are made through Google Play and are subject to Google Play’s terms of service and policies. JoeProgrammer does not receive or store your payment information.

12.3 Prices are shown in Google Play before you buy and may change. A change to a subscription price applies to existing subscribers only as Google Play allows, including any notice Google Play requires.

12.4 Subscriptions renew automatically at the end of each period until you cancel. You can cancel at any time in the Google Play Store app under Payments & subscriptions. Blik Pro stays available until the end of the period you have already paid for.

12.5 A one-time purchase, including Blik License Key, unlocks the features it includes without further payments for as long as Blik is available on Google Play. A purchase made in the app is tied to the Google account used to make it.

12.6 Refunds are handled according to Google Play’s refund policies. If you have a problem with a purchase, contact us using Send feedback in Blik’s About screen and include the order number (it starts with GPA.). You can find it in the receipt email from Google Play, or in the Google Play Store app under Payments & subscriptions > Budget & history. Without the order number, we can’t find your purchase.

13. Privacy and your calendar

13.1 Your use of the Services is also subject to the Blik privacy policy, which explains what information Blik uses and how.

13.2 Some features of Blik change your calendar events when you use them, for example when you choose a picture for an event. These changes are saved to your calendar like any other edit, and may sync to your other devices and to other people who share that calendar.

14. Termination

14.1 Your license to use the Software ends automatically if you do not comply with the Terms. When it ends, you must stop using the Software and remove it from your devices.

14.2 You may end the Terms at any time by uninstalling the Software. Uninstalling does not cancel a subscription; see section 12.4.

14.3 Sections 6, 8, 9, and 11 continue to apply after the Terms end.