PalsInMotion and Palinmotion mobile app End User License Agreement
PLEASE READ THIS CAREFULLY!
THIS IS A LEGAL AGREEMENT BETWEEN YOU AS LICENSEE AND USER (“YOU”) AND CALTEC IT CONSULTING AB (THE “APPLICATION PROVIDER”). YOU AGREE THAT THIS AGREEMENT HAS THE BINDING LEGAL FORCE AND EFFECT OF A CONTRACT SIGNED IN INK AND DELIVERED IN PERSON. BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE MOBILE APP “PalsInMotion” (“THE MOBILE APP”), YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED AND APPLICATION PROVIDER SHALL PROMPTLY CANCEL THIS TRANSACTION AND YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE MOBILE APP. THIS AGREEMENT IS APPLICABLE FOR ALL RELEASED VERSIONS OF THE MOBILE APP. THIS AGREEMENT MAY BE AMENDED FROM TIME-TO-TIME AT THE SOLE DISCRETION OF THE APPLICATION PROVIDER. APPLICATION PROVIDER SHALL PROVIDE NOTICE TO YOU OF AMENDMENTS BY POSTING THE UPDATED EULA ON APPLICATION PROVIDER’S WEBSITE. YOU SHALL HAVE THE OPPORTUNITY TO REFUSE SAID AMENDMENTS SOLELY BY CEASING UTILIZATION OF THE MOBILE APP AND UNINSTALLING IT FROM YOUR MOBILE DEVICE.
The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license agreement which must be accepted by Your prior to Your use of the Mobile App, as defined below. The Application Provider reserves all rights not expressly granted to You.
All terms used herein shall have the meaning as per the definition set forth herein or in the App Store Terms and Conditions (the “Usage Rules”).
a. Scope of License
This license granted to You for the Mobile App by Application Provider is limited to a non-transferable license to use the Mobile App on any iOS Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Licensed Application may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing. This license does not allow You to use the Mobile App on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Mobile App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Mobile App. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Mobile App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Mobile App). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data
You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Mobile App. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
You agree and recognize that the Mobile App may and will process and create location based information of its own and of others that use the Mobile App. You agree and recognize that the Mobile App is not designed for real time routing guidance but if you do YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. You also agree and recognize that the Mobile App will access and use the Google Mobile Maps (GMM) service. Such use of the GMM Service is subject to Google’s Terms of Service which are set forth at: http://code.google.com/apis/maps/terms/iPhone.html.
In addition to the above, You agree that Application Provider will collect and use the technical data created in relation to Your use of the Mobile App for down loading to other licensed users of the Mobile App.
The application is not intended for use by (and is not directed to) persons under the age of 16. You must therefore be 16 years or older to use the Application.
If you are sixteen 16 years of age or older but under the age of 18, you must review these terms with a parent / legal guardian before proceeding. This in order to ensure that you and your parent / legal guardian understand them. If you or your parent / legal guardian do not accept the terms, you may not use the Application. You must also request CaITec to terminate any account that you may have registered. You can do this by sending an e-mail to firstname.lastname@example.org
c. Maintenance and support
You agree and recognize that neither the Application Provider nor Apple has any obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.
The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Mobile App, and destroy all copies, full or partial, of the Mobile App.
e. Services; Third Party Materials.
The Mobile App may enable access to Application Provider’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service. You must comply with applicable third party terms of agreement when using the Mobile App.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services. You acknowledge that, in the event of any third party claim that the Mobile App or the end-user’s possession and use of that Mobile App infringes that third party’s intellectual property rights, the Application Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone or iPod touch are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
f. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MOBILE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE MOBILE APP (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MOBILE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE MOBILE APP THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE MOBILE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MOBILE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MOBILE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MOBILE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
To the extent the above disclamation of warranty is limited by law and in the event of any failure of the Mobile App to conform to any applicable non-disclaimed warranty, You may notify Apple, and Apple will refund the purchase price for the Mobile App You; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Application Provider.
g. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MOBILE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of five hundred Swedish Kronor (SEK 500:-). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You acknowledge that the Application Provider, not Apple, are responsible for addressing any claims of Yours or any third party relating to the Mobile App or the end-user’s possession and/or use of that Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
h. Export control
You may not use or otherwise export or re-export the Mobile App except as authorized by Swedish, European Union and United States law and the laws of the jurisdiction in which the Mobile App was obtained. In particular, but without limitation, the Mobile App may not be exported or re-exported (a) into any Swedish, European Union, United Nations or U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any similarly identified persons according to official Swedish, European Union or United Nations decision. By using the Mobile App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by Swedish, European Union or United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
i. U.S. Government end users
The Mobile App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
j. Third Party Beneficiary.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this End User License Agreement, and that, upon Your acceptance of the terms and conditions of this End User License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You and the end-user as a third party beneficiary thereof.
The Application Provider shall have the right, at any time and without prior written notice to or consent from You, to add to or modify the terms of this Agreement, simply by delivering such amended terms to You by e-mail at the address provided to the Application Provider by You or by requiring You to accept an updated Agreement upon accessing the Mobile App. Your access to or use of the Mobile App after the date such amended terms are delivered to You shall be deemed to constitute acceptance of such amended terms.
l. Application Provider contact information
If You have any questions, complaints or claims with respect to the Mobile App You may direct them to CalTec IT Consulting AB; BOX 2008; 15102 Södertälje; SWEDEN; email@example.com
m. Governing law
This Agreement shall be construed in accordance with and be governed by the laws of Sweden.
Any dispute, controversy or claim arising out of or in connection with this PalsInMotion mobile app End User License Agreement, or the breach, termination or invalidity thereof, shall be determined by ordinary courts of Sweden with the Municipal Court of Stockholm (Sw. Stockholms tingsrätt) as the court of first instance.