Get It Now allows you to download, install and use applications and content, including ringtones, wallpaper, games, productivity tools or other information (collectively, “Applications”), directly to a compatible phone. Browsing, downloading and using Applications will be on a per-megabyte basis unless you subscribe to a plan or feature that includes unlimited sending and receiving of data. You will be notified of applicable recurring or nonrecurring surcharges, such as transaction charges, one-time fees, monthly fees, or other subscription charges when purchasing Applications. You will be responsible for all charges incurred until the Application is deleted from your account, even if you lose or replace your phone, block Get It Now on your phone or your account is suspended. You agree: (1) to use Applications only on the phone to which they are downloaded, even if downloaded pursuant to an unlimited or other long-term agreement, and no transfers, credits or refunds are permitted (and that if you change devices and wish to continue to use any of the Applications, you will have to re-download them and pay for them again; (2) not to (i) harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity; (ii) provide false information or impersonate another person; and/or (iii) take any action that infringes upon any third-party’s copyright, trademark, patent or other intellectual property right(s); and (3) agree to Get It Now License Agreement between you and each application developer.
Get It Now® License Agreement
Carefully read the terms and conditions set forth in this Get It Now License Agreement ("AGREEMENT") before downloading, installing or using any ring tones, games, productivity tools or other Get It Now applications ("APPLICATIONS") to your wireless communications device. To the extent you download, install and/or use any of the APPLICATIONS, you agree to be bound by all of the terms and conditions set forth in this AGREEMENT.
Agreement. This AGREEMENT is between you and each of the developers of the APPLICATIONS ("DEVELOPERS"), individually, for each APPLICATION. Although Verizon Wireless has been licensed by the DEVELOPERS to sublicense each APPLICATION to you, Verizon Wireless is not a party to this AGREEMENT.
Limited License. The DEVELOPERS, through Verizon Wireless, grant to you a worldwide, non-exclusive, limited license to download, install and/or use the object code version of the APPLICATIONS on your wireless communications device. All rights not expressly granted in this AGREEMENT are reserved by the DEVELOPERS.
Other Software. Notwithstanding any other provision of this AGREEMENT, this AGREEMENT shall not be deemed to apply to any software that is licensed to you by third parties and that is included on your wireless communications device ("OTHER SOFTWARE"). Any such OTHER SOFTWARE is subject to the terms and conditions of the license agreement, if any, between you and the developer or licensor of the OTHER SOFTWARE.
Restrictions. No license is granted to you by this AGREEMENT in the human readable code, known as the source code, of the APPLICATIONS, and no rights are granted to you by this AGREEMENT in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the APPLICATIONS. In addition, no license is granted to you by this AGREEMENT to decompile, reverse engineer, disassemble or modify the APPLICATIONS. Further, no license is granted to you by this AGREEMENT to (i) remove, efface or obscure any copyright or other proprietary notices from the APPLICATIONS or (ii) exploit, copy, reproduce, sublicense, transfer or assign the APPLICATIONS.
Ownership. You agree that the DEVELOPERS retain all right, title and interest in and to the APPLICATIONS and all copies of the APPLICATIONS. This includes all copyrights in the APPLICATIONS.
Term and Termination. This AGREEMENT will become effective with respect to each APPLICATION on the date you first download, install and/or use such APPLICATION, and it will remain in effect until terminated. You may terminate this Agreement with respect to any APPLICATION at any time by removing such APPLICATION from your wireless communications device. This AGREEMENT also will terminate immediately with respect to all APPLICATIONS, without notice, if you fail to comply with any term or condition of this AGREEMENT. Upon such termination, you agree to immediately remove all APPLICATIONS from your wireless communications device.
Disclaimer of Warranty. THE APPLICATIONS ARE LICENSED TO YOU "AS IS." THE DEVELOPERS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE APPLICATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE DEVELOPERS ALSO DISCLAIM ALL WARRANTIES WITH REGARD TO WHETHER THE APPLICATIONS WILL MEET YOUR REQUIREMENTS, WORK IN COMBINATION WITH ANY HARDWARE OR OTHER SOFTWARE OR OPERATE ON AN UNINTERRUPTED OR ERROR FREE BASIS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY OR MAY BE LIMITED.
Limitation of Liability. IN NO EVENT WILL THE DEVELOPERS BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, DIRECT, EXEMPLARY, PUNITIVE OR STATUTORY DAMAGES OF ANY KIND ARISING OUT OF THE DOWNLOAD, INSTALLATION AND/OR USE OF ANY APPLICATION, INCLUDING, BUT NOT LIMITED TO, LOST DATA, REVENUES, BUSINESS OR PROFITS, EVEN IF THE DEVELOPERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE DEVELOPERS' LIABILITY FOR ANY CLAIM REGARDING PARTICULAR APPLICATIONS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EXCEED THE CHARGES PAID BY YOU, IF ANY, FOR THE SUBJECT APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY OR MAY BE LIMITED.
Export. The APPLICATIONS are subject to the export control laws, rules and regulations of the United States and other jurisdictions. You agree to comply with all such laws, rules and regulations.
Government. The APPLICATIONS are commercial in nature and developed solely at private expense. The APPLICATIONS are provided as "Commercial Computer Software" as defined in DFARS 252.227-7014 or as a commercial item as defined in FAR 2.101(a). The APPLICATIONS, therefore, are provided with only such rights as are provided in this AGREEMENT.
Dispute Resolution. Any controversy or claim arising out of or relating to this AGREEMENT will be settled by independent arbitration administered by the American Arbitration Association under the Wireless Industry Arbitration rules as modified by this AGREEMENT. The arbitration shall occur before a single, neutral arbitrator and, in rendering a decision, the arbitrator shall apply the substantive law of the State of New York. The decision of the arbitrator shall be enforceable in the Federal District Court for the district where the arbitration is held.
Miscellaneous. This AGREEMENT is governed by the laws of the State of New York without regard to its conflict of law principles. The United Nations Convention on Contracts for the Sale of International Goods does not apply to this AGREEMENT. If any provision of this AGREEMENT is held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this AGREEMENT shall not be affected thereby. This AGREEMENT constitutes the entire agreement between you and the DEVELOPERS regarding its subject matter, and it supersedes any prior agreements, whether written or oral, relating to the subject matter of this AGREEMENT. No modification or alteration of this AGREEMENT will be valid except in writing signed by both parties.
Last Updated: 05/2012
