Get It Now is a service provided by Verizon Wireless that allows its customers with a
compatible wireless communications device to download, install and use applications,
including Ringtones, wallpaper, games, productivity tools or other information, directly
to the device. Charges for airtime used in connection with the service, including, without
limitation, airtime used to browse the catalog of applications available for download, to
download the applications and/or to use the applications, will be assessed in accordance
with your Calling Plan. In addition, you also may be assessed recurring or non-recurring
surcharges when you download applications. These surcharges will vary depending on
the application, and may consist of transaction charges, one-time fees, monthly fees or
other subscription charges; the available options will be presented to you when
purchasing applications. You will be notified of the amount of these surcharges when
you begin to download applications, and you will be given an opportunity at that time
to accept or reject the surcharges. All charges and surcharges will appear on your monthly
bill from Verizon Wireless. You will be responsible for all charges incurred until the
application is deleted from your account, regardless of whether you lose your device,
replace your device or invoke Get It Now blocking on your device.
Whenever you use the service, or download, install and/or use any of the applications,
you agree not to: (i) violate any applicable law, rule or regulation; (ii) harass, offend,
threaten, embarrass, distress or invade the privacy of any individual or entity; (iii)
provide false information or impersonate another person; and/or (iv) take any action
that infringes upon any third party’s copyright, trademark, patent or other intellectual
property right(s). Verizon Wireless may, without prior notice, take any action it deems
necessary, including, without limitation, removing or deleting applications and
restricting or limiting use of the service, for proper administration of the service.
Consent to Monitoring and Disclosure. Verizon Wireless is under no obligation to
monitor use of the service, but it may do so to: (i) comply with applicable laws, rules
and regulations or orders of courts or governmental agencies with proper jurisdiction;
or (ii) operate the service properly (including but not limited to location-based
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 NONINFRINGEMENT, 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, 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
LICENSE AGREEMENT.
Dispute Resolution. Any controversy or claim arising out of or relating to this LICENSE
AGREEMENT will be settled by independent arbitration administered by the American
Arbitration Association under the Wireless Industry Arbitration rules as modified by this
LICENSE 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 LICENSE 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 LICENSE AGREEMENT.
If any provision of this LICENSE 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 LICENSE AGREEMENT shall not be affected thereby. This LICENSE
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 LICENSE AGREEMENT. No modification or
alteration of this LICENSE AGREEMENT will be valid except in writing and signed by both
parties.
GET IT NOW® License Agreement
Carefully read the terms and conditions set forth in this Get It Now License Agreement
(“LICENSE AGREEMENT”) before downloading, installing or using any Ringtones, games,
productivity tools or other Get It Now applications (“APPLICATIONS”) to your wireless
communications device. To the extent that you download, install and/or use any of the
APPLICATIONS, you agree to be bound by all the terms and conditions set forth in this
LICENSE AGREEMENT.
Agreement. This LICENSE 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 LICENSE AGREEMENT.
Limited License. The DEVELOPERS, through Verizon Wireless, grant to you a
nonexclusive, 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 LICENSE AGREEMENT are reserved by the DEVELOPERS.
Other Software. Notwithstanding any other provision of this LICENSE AGREEMENT,
this LICENSE 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 LICENSE AGREEMENT in the human
readable code, known as the source code, of the APPLICATIONS, and no rights are
granted to you by this LICENSE 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 LICENSE AGREEMENT to decompile, reverse-engineer, disassemble
or modify the APPLICATIONS. Further, no license is granted to you by this LICENSE
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 LICENSE 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
LICENSE AGREEMENT with respect to any APPLICATION at any time by removing such
APPLICATION from your wireless communications device. This LICENSE AGREEMENT
will also terminate immediately with respect to all APPLICATIONS, without notice, if
you fail to comply with any term or condition of this LICENSE 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 NONINFRINGEMENT, 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, 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
LICENSE AGREEMENT.
Dispute Resolution. Any controversy or claim arising out of or relating to this LICENSE
AGREEMENT will be settled by independent arbitration administered by the American
Arbitration Association under the Wireless Industry Arbitration rules as modified by this
LICENSE 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 LICENSE 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 LICENSE AGREEMENT.
If any provision of this LICENSE 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 LICENSE AGREEMENT shall not be affected thereby. This LICENSE
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 LICENSE AGREEMENT. No modification or
alteration of this LICENSE AGREEMENT will be valid except in writing and signed by both
parties.