End-User License Agreement (EULA) of Snap Agenda

Draker Research Inc. ("us", "we", or "our") operates the www.snapagenda.com website (the "Site") and the Snap Agenda mobile application (the "Licensed Application"). Collectively, the Site and Licensed Application are hereinafter referred to as the “Services.”

This End-User License Agreement ("EULA" or “Agreement”) is a legal agreement between you and Draker Research Inc. and governs your use of the Licensed Application and the Services. This EULA is not with Apple, and we, not Apple, are responsible for the Licensed Application and content thereof.

Please read this EULA carefully before clicking the "I Agree" button, downloading or using our Services. By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.

If you register for a free trial of Snap Agenda, this EULA will also govern that trial. By installing and/or using the License Application, you are confirming your acceptance of the Services and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Services, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Services supplied by Draker Research Inc. herewith regardless of whether other software is referred to or described herein. The terms also apply to any Draker Research Inc. updates, supplements, Internet-based services, and support services for the Services, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

Draker Research Inc. hereby grants you a personal, non-transferable, non-exclusive licence to use the Snap Agenda software on your devices in accordance with the terms of this EULA agreement on any Apple-branded products that you own or control as permitted by the Usage Rules set for in the App Store Terms of Service, except that such Licensed Application may be accessed and used by other accounts associated with you via Family Sharing.

3.2 Use Restrictions

You are permitted to load the Services on devices (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Services.

You are not permitted to:

• Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Services nor permit the whole or any part of the Services to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Services or attempt to do any such things
• Reproduce, copy, distribute, resell or otherwise use the Services for any commercial purpose
• Allow any third party to use the Services on behalf of or for the benefit of any third party
• Use the Services in any way which breaches any applicable local, national or international law
• Use the Services for any purpose that Draker Research Inc. considers is a breach of this EULA agreement
• remove any copyright or other proprietary notations from the materials; or,
• transfer the materials to another person or "mirror" the materials on any other server.

Intellectual Property and Ownership

Draker Research Inc. shall at all times retain ownership of the Services as originally downloaded by you and all subsequent downloads of the Services by you. The Services (and the copyright, and other intellectual property rights of whatever nature in the Services, including any modifications made thereto) are and shall remain the property of Draker Research Inc.

In the event of any third party claim that the Licensed Application or your possession and/or use of the Licensed Application infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Draker Research Inc. reserves the right to grant licences to use the Services to third parties.

Support, Maintenance and Modifications to Licensed Application

We reserve the right to modify, update, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you. You agree that some of our updates may negatively impact, or eliminate, your ability to use our Services on older devices. You acknowledge that Apple has no obligation whatsoever to furnish and maintenance and support services with respect to the Licensed Application.

Warranties and Limitation of Liability

The materials provided through the Services are provided on an 'as is' basis. We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

The Services, and any information or other materials contained or offered therein are provided on an “as is” basis with no warranty. To the maximum extent permitted by law, Draker Research disclaims all representations and warranties, express or implied, with respect to such information, services, products, software and all other materials, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus or other harmful code, and implied warranties arising from course of dealing, usage or trade practice.

In the event of any failure of the Licensed Application to confirm to the any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.

In no event shall Apple or address any of your claims, or those of any third party, relating to the Licensed Application or your possession and/or use of the Licensed Application.

In no event shall Draker Research be liable for any damages whatsoever, including without limitation any indirect, special, punitive, exemplary, incidental, or consequential damages. In no event shall Draker Research, its agents, shareholders, employees, or officers have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for any damages, whether based on contract, tort (including negligence), or any other theory or form of action, even if we have been advised of the possibility of such damages. No action or proceeding may be brought against us with respect to any claim or dispute arising from the use of this site.

We make no guarantee that access to the Services will be uninterrupted, error-free or free from viruses or other harmful code. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Termination

This EULA agreement is effective from the date you first use the Services and shall continue until terminated.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Services. The provisions that by their nature continue and survive will survive any termination of this EULA agreement. We may, in our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

Legal Compliance

You represent and warrant that:

• you are not located in a country that is subject to a U.S. or Canadian Government embargo, or has been designated by the U.S. Government as a “terrorist supporting” country; and,
• you are not listed on U.S. or Canadian Government list of prohibited or restricted parties.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Third Party Terms of Agreement

You acknowledge and agree that you must comply with any applicable third-party terms of agreement when using the Services.

Third Party Beneficiary

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA and that upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and be deemed to have accepted the right) to enforce the EULA against you as a third-party beneficiary thereof.

Amendments to this Agreement

We reserve the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 (thirty) day’s notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of British Columbia, Canada and you irrevocably submit to the exclusive jurisdiction of the courts in that location.

Contact

Questions, complaints or claims with respect to the Services or Licensed Application may be directed to:

Email: support@drakerresearch.com

For legal notices:
Draker Research Inc.
203 – 145 West 15th Street
North Vancouver, B.C.
Canada
V7M 1R9