2.1
You are given a non-transferable, non-exclusive,
non-sublicensable license to install and use the Licensed
Application on iOS or Android Mobile Products that You
(End-User) own or control and as permitted by the Usage
Rules set forth in this section and the App Store and Google
Play Terms of
Service, with the exception that such licensed Application
may be accessed and used by other accounts associated with
You (End-User, The Purchaser) via Family Sharing or volume
purchasing.
2
.
2
This license will also govern any updates of the
Application provided by Licensor that replace, repair,
and/or supplement the first Application, unless a separate
license is provided for such update in which case the terms
of that new license will govern.
2
.
3
You may not share or make the Application available to
third parties, sell, rent, lend, lease or otherwise
redistribute the Application.
2
.
4
You may not reverse engineer, translate, disassemble,
integrate, decompile, integrate, remove, modify, combine,
create derivative works or updates of, adapt, or attempt to
derive the source code of the Application, or any part
thereof.
2
.
5
You may not copy (excluding when expressly authorized
by this license and the Usage Rules) or alter the
Application or portions thereof. You may create and store
copies only on devices that You own or control for backup
keeping under the terms of this license, the App Store and
Google Play Terms
of Service, and any other terms and conditions that apply to
the device or software used. You may not remove any
intellectual property notices. You acknowledge that no
unauthorized third parties may gain access to these copies
at any time.
2
.
6
Violations of the obligations mentioned above, as well
as the attempt of such infringement, may be subject to
prosecution and damages.
2
.
7
Licensor reserves the right to modify the terms and
conditions of licensing.
2
.
8
Nothing in this license should be interpreted to
restrict third-party terms. When using the Application, You
must ensure that You comply with applicable third-party
terms and conditions.
3. TECHNICAL
REQUIREMENTS
3.
1
The Application requires a firmware version 1.0.0 or higher. Licensor recommends using the
latest version of the firmware.
3.
2
Licensor attempts to keep the Application updated so
that it complies with modified/new versions of the firmware
and new hardware. You are not granted rights to claim such
an update.
3.
3
You acknowledge that it is Your responsibility to
confirm and determine that the app end-user device on which
You intend to use the Application satisfies the technical
specifications mentioned above.
3.
4
Licensor reserves the right to modify the technical
specifications as it sees appropriate at any time.
4. MAINTENANCE AND
SUPPORT
4.1 The Licensor is
solely responsible for providing any maintenance and support services for this licensed Application.
You can reach the Licensor at the email address listed in the App Store Overview for this licensed
Application.
5. USER GENERATED
CONTRIBUTIONS
The Application may
invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and
may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or in the Application,
including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal
information or other material (collectively,
"Contributions"). Contributions may be viewable by other
users of the Application and through third-party websites or
applications. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you
create or make available any Contributions, you thereby
represent and warrant that:
1. The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright, patent, trademark,
trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Application, and other users of
the Application to use your Contributions in any manner contemplated by the Application and these
Terms of Use.
3. You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the name or likeness or each and
every such identifiable individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Application and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against a specific person or class of
people.
9. Your Contributions do not violate any applicable law, regulation, or
rule.
10. Your Contributions do not violate the privacy or publicity rights of
any third party.
11. Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or
violent manner.
12. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these
Terms of Use and may result in, among other things, termination or suspension of your rights to use
the Application. We allow a mechanism for users to flag objectionable content and block abusive
users.
We have added a mechanism to filter objectionable content.
The developer must act on objectionable content reports within 24 hours by removing the content and
ejecting the user who provided the offending content
6. CONTRIBUTION
LICENSE
By posting your Contributions to any part of the Application or making
Contributions accessible to the Application by linking your account from the Application to any of
your social networking accounts, you automatically grant, and you represent and warrant that you
have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce,
disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose, commercial advertising, or
otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions,
and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any
media formats and through any media channels.
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide. You waive all moral rights in your Contributions, and you warrant
that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or other proprietary
rights associated with your Contributions. We are not liable for any statements or representations
in your Contributions provided by you in any area in the Application. You are solely responsible for
your Contributions to the Application and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them
in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions
at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
7.
LIABILITY
7.1
Licensor's responsibility in the case of violation of
obligations and tort shall be limited to intent and gross
negligence. Only in case of a breach of essential
contractual duties (cardinal obligations), Licensor shall
also be liable in case of slight negligence. In any case,
liability shall be limited to the foreseeable, contractually
typical damages. The limitation mentioned above does not
apply to injuries to life, limb, or health.
7.2
Licensor takes no accountability or responsibility for
any damages caused due to a breach of duties according to
Section 2 of this Agreement. To avoid data loss, You are
required to make use of backup functions of the Application
to the extent allowed by applicable third-party terms and
conditions of use. You are aware that in case of alterations
or manipulations of the Application, You will not have
access to licensed Application.
8.
WARRANTY