IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You” or the “Authorized User”) AND WHITEPAGES, INC. (“We” or “Whitepages”). BEFORE DOWNLOADING THE NAMEID APPLICATION OR USING ANY PART OF THE SERVICE PROVIDED THEREBY (together, the “Software”), YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS END-USER LICENSE AGREEMENT (this “EULA”) AS THEY GOVERN YOUR USE OF THE SOFTWARE. WHITEPAGES IS WILLING TO LICENSE AND ALLOW THE USE OF THE SOFTWARE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS EULA. IF YOU DO NOT AGREE WITH THIS EULA, YOU ARE NOT GRANTED PERMISSION TO USE THE SOFTWARE.
LICENSE GRANT
The Software is provided by Whitepages, in accordance with its relationship with T-Mobile USA, Inc. (“T-Mobile”), and this EULA provides to you a personal, revocable, limited, non-exclusive, and non-transferable license to use the Software, conditioned on your continued compliance with the terms and conditions of this EULA. Subject to the terms of this EULA, you have permission, without paid subscription to the Software, to use certain features of the Software (such as people search and business search), provided the Software is installed on your device and its execution is permitted by your system and T-Mobile settings. Your use of the Software is subject to this EULA, to T-Mobile’s Terms and Conditions [http://www.t-mobile.com/Templates/Popup.aspx?PAsset=Ftr_Ftr_TermsAndConditions&print=true], and to Whitepages’s privacy policy [http://www.whitepagescustomers.com/data-policy/]. This EULA will control with respect to the Software if there is any conflict between the terms of the T-Mobile Terms and Conditions and this EULA. As a condition of this license, you grant permission to WhitePages to store and/or send to data services phone number information related to calls and text messages for purposes of data correction, validation and improvements to the Software.
DATA COLLECTION AND USE
As a condition of this license, you grant permission to Whitepages to access, store and/or collect phone number information related to calls and text messages processed by the Software. The Software accesses this phone number information in order to provide you with information about those calls and texts. Please be aware that the Software also sends phone number information about calls and texts to your carrier.
Incoming text messages are only accessed by the Software to determine the number that contacts you. The Software will not access your contacts or call history, except to carry out the functions of the Software. For example, the software will access your contacts during a call to see if the phone number matches a contact. If so, we show that contact to you. As a further example, your call history is accessed by the Software for purposes of displaying the call history on your device within the Name ID application.
Whitepages will only use contacts, call history or message data accessed by the Software for purposes of providing the Software's functionality to you, and for data correction, validation and improvements to the Software. Neither the Software nor Whitepages shares your personally identifiable information about your calls or your text messages with any third party; provided, however, that we may share information in response to a legal request (like a search warrant or subpoena) if we have a good faith belief that the law requires us to do so.
RESTRICTIONS
The foregoing license is limited. You may not use, store, reproduce, transmit, distribute, display, modify, license, sublicense, or commercially exploit any data provided by Whitepages through the Software in any manner not expressly permitted by this EULA. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, publish, remove or alter any proprietary notices or labels, license, sublicense, mirror, frame, exploit, private label, or otherwise use the Software in any manner not expressly permitted by this EULA. Use of the Software under this EULA, and any modification, update or cancellation thereto, is subject to prior approval and notification of related account and billing services by T-Mobile.
TERM AND TERMINATION
This EULA and your right to use the Software will take effect at the moment you install, access, and/or use the Software and is effective until terminated as set forth below. Whitepages reserves the right, at any time and on reasonable grounds, to deny your access to the Software or to any portion thereof in order to protect its name, goodwill, business, and/or other Authorized Users. This EULA will terminate automatically if you fail to comply with this EULA, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. Trial and evaluation licenses, if any, terminate automatically at the end of the trial period. You may a terminate this EULA at any time by uninstalling and/or ceasing to use the Software, but all applicable provisions of this EULA will survive termination, as identified below. In addition to the section entitled “Miscellaneous,” below, the provisions concerning Whitepages’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this EULA for any reason. We may change the Software or any features of the Software at any time. This EULA may be superseded by express terms of end user license agreements associated with subsequent revisions or releases of the Software.
EXCLUSION OF WARRANTY; DISCLAIMER OF WARRANTIES
YOU AGREE THAT WHITEPAGES AND T-MOBILE HAVE MADE NO EXPRESS WARRANTIES TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE SOFTWARE. WHITEPAGES AND T-MOBILE DISCLAIM ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY OR NONINFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. WHITEPAGES AND T-MOBILE DO NOT WARRANT THE ACCURACY OR CURRENCY OF ANY SPECIFIC DATA DELIVERED TO YOU USING THE SOFTWARE, NOR DO WHITEPAGES AND T-MOBILE WARRANT THE PERFORMANCE OF THE SOFTWARE IN RESPECT TO T-MOBILE’S DATA ACCESS OR SPEEDS ON YOUR DEVICE.
LIMITATION OF LIABILITY
Neither Whitepages nor its licensors, suppliers, distributors or dealers, T-Mobile or anyone else who has been involved in the creation, production, or delivery of this Software shall be liable for any direct, indirect, punitive, consequential or incidental damages, lost profits, business interruption or loss of information arising out of the use, the results of use, or inability to use such Software, or damage or loss caused by the Software, even if advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential damages, the above limitation may not apply. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL WHITEPAGES’S OR T-MOBILE’S TOTAL LIABILITY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SOFTWARE EXCEED THE AMOUNT PAID BY YOU TO WHITEPAGES OR T-MOBILE WITH RESPECT TO SUCH SOFTWARE.
OWNERSHIP
You expressly agree that Whitepages transfers no ownership or intellectual property interest or title, express or implied, in and to the Software to you or anyone else. Copyright in the Software is owned by WhitePages and is protected by applicable copyright and other intellectual property laws and international treaty provisions. Whitepages retains the titles, copyrights, trade secrets, patents, trademarks and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals and extensions of such rights in the Software and the Whitepages logo(s). T-Mobile, the color magenta, and the digits design are registered or unregistered trademarks and service marks of Deutsche Telekom AG.
INDEMNITY
You agree to defend, indemnify, and hold harmless Whitepages and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this EULA.
MISCELLANEOUS
This EULA contains the entire agreement with respect to your use of the Software. Headings used herein are for convenience only. The parties agree that this EULA is for the benefit of the parties hereto as well as Whitepages's licensors. Accordingly, this EULA is personal to you, and you may not assign your rights or obligations to any other person or entity without Whitepages's prior written consent. This EULA may not be modified by you except by a written instrument signed by all parties. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event of invalidity of any provision of this EULA, the parties agree that such invalidity shall not affect the validity of the remaining portions of this EULA, which shall continue in full force and effect. This EULA has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Washington, U.S.A., as applied to agreements entered into and completely performed in the State of Washington. You and Whitepages each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts in the State of Washington, County of King, for any disputes between us arising out of this EULA. You also agree to waive any right to a jury trial in connection with any action arising out of this EULA and acknowledge that either party may seek attorney’s fees in any proceeding. You agree that any applicable state law implementation of the Uniform Computer Transactions Act (including any available remedies or laws) shall not apply to this EULA and is hereby disclaimed.