2.1 You
are given a non-transferable, non-exclusive,
non-sublicensable
licence
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
licence 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
licence is
provided for
such update, in which case the terms of that new
licence 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 Sitation Ltd'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 Sitation Ltd's
prior
written consent).
2
.
5 You
may not copy (excluding when expressly authorised by this licence 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 licence, 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 unauthorised 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
licence
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 The
Licensed 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 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.
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 Licensed 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. NO MAINTENANCE OR SUPPORT
4.1
Sitation Ltd is not
obligated,
expressed or implied, to provide any maintenance,
technical
or other support for the Licensed Application.
4.2 Sitation Ltd
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:
sitation.app/privacypolicy
.
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 licences, rights, consents,
releases, and permissions to use and to authorise 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 Licence
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
Licence
Agreement.
4. Your Contributions are not false, inaccurate, or
misleading.
5. Your Contributions are not unsolicited or
unauthorised 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, libellous,
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 Licence
Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing
violates
this Licence Agreement and
may
result in, among other things, termination or suspension of your rights to use the Licensed
Application.
7. CONTRIBUTION LICENCE
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
Licence 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.
8
.3 Licensor takes no accountability and
responsibility in case of
To
the
maximum
extent
permitted
by
applicable
law,
the
"Sitation"
application
is
provided
to
you
on
an
"as
is"
and
"as
available"
basis,
with
all
faults
and
defects
and
without
warranty
of
any
kind.
We
expressly
disclaim
all
warranties,
whether
express,
implied,
statutory,
or
otherwise,
including
but
not
limited
to
all
implied
warranties
of
merchantability,
fitness
for
a
particular
purpose,
title,
and
non-infringement.
We
do
not
warrant
that
the
application
will
meet
your
requirements,
achieve
any
intended
results,
be
compatible
with
other
software
or
systems,
or
operate
without
interruption
or
error.
.
8
.4 Licensor takes no accountability and
responsibility in case of
You
acknowledge
and
agree
that
the
application
currently
stores
data
locally
on
your
mobile
device.
We
do
not
maintain
a
remote
backup
of
your
data
on
our
servers.
If
you
uninstall
the
application,
reset
your
device,
or
if
your
device
is
lost,
stolen,
or
damaged,
your
data
may
be
permanently
lost.
We
shall
not
be
liable
for
any
loss
of
data
or
content
resulting
from
hardware
failure,
software
corruption,
user
action
(including
uninstallation),
or
any
other
cause.
You
are
solely
responsible
for
maintaining
independent
backups
of
any
important
information
stored
within
the
application.
.
9. WARRANTY