2.1 You are given a
non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed
Application on any Devices that You (End-User) own or control and as
permitted by the Usage Rules, 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 Licensed Application provided by Licensor that replace, repair, and/or
supplement the first Licensed 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 Licensed Application available to third parties (unless to the degree
allowed by the Usage Rules, and with Vahana Devices
Private Limited's prior written consent), sell, rent, lend, lease or
otherwise redistribute the Licensed Application.
2
.
4 You may not
reverse engineer, translate, disassemble, integrate, decompile, remove,
modify, combine, create derivative works or updates of, adapt, or attempt to
derive the source code of the Licensed Application, or any part thereof
(except with Vahana Devices Private Limited's
prior written consent).
2
.
5 You may not copy
(excluding when expressly authorized by this license and the Usage Rules) or alter
the Licensed 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 Usage Rules, 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. If you sell your Devices to a third party, you
must remove the Licensed Application from the Devices before doing so.
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 Licensed Application, You must
ensure that You comply with applicable third-party terms and
conditions.
3. TECHNICAL
REQUIREMENTS
3.
1 Licensor attempts
to keep the Licensed 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.
2 You acknowledge
that it is Your responsibility to confirm and determine that the app
end-user device on which You intend to use the Licensed Application
satisfies the technical specifications mentioned above.
3.
3 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
Overview for this Licensed Application.
4.2 Vahana Devices Private
Limited
and the End-User
acknowledge that the Services have no obligation whatsoever to furnish any
maintenance and support services with respect to the Licensed Application.
5. USE OF
DATA
You acknowledge that
Licensor will be able to access and adjust Your downloaded Licensed
Application content and Your personal information, and that Licensor's use
of such material and information is subject to Your legal agreements with
Licensor and Licensor's privacy policy,
which can be found at the bottom of the Licensed Application.
You acknowledge that the Licensor may periodically collect and use
technical data and related information about your device, system, and application software, and
peripherals, offer product support, facilitate the software updates, and for purposes of
providing other services to you (if any) related to the Licensed Application. Licensor may also
use this information to improve its products or to provide services or technologies to you, as
long as it is in a form that does not personally identify you.
6. USER-GENERATED
CONTRIBUTIONS
The Licensed Application does not offer
users to submit or post content. We 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 Licensed 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 Licensed Application and through third-party websites
or applications. As such, any Contributions you transmit may be treated in
accordance with the Licensed Application Privacy Policy. 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 Licensed Application, and other users of
the Licensed Application to use your Contributions in any manner contemplated by the Licensed
Application and this License Agreement.
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 Licensed Application and this License
Agreement.
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 violate any applicable law concerning
child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that
are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to
material that violates, any provision of this License Agreement, or any applicable law or
regulation.
Any use of the Licensed Application in violation of the foregoing
violates this License
Agreement and may result in, among other things, termination or suspension of your rights
to use the Licensed Application.
7. CONTRIBUTION
LICENSE
You agree that we may access, store, process, and use any information
and personal data that you provide following the terms of the Privacy Policy and your choices
(including settings).
By submitting suggestions of other feedback regarding the Licensed
Application, you agree that we can use and share such feedback for any purpose without
compensation to you.
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 Licensed Application.
You are solely responsible for your Contributions to the Licensed 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.
8.
LIABILITY
8.1
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.
8.2
Licensor takes no accountability or responsibility for any damages caused
due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss,
You are required to make use of backup functions of the Licensed 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 Licensed
Application, You will not have access to the Licensed Application.
9.
WARRANTY