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 Javu Digital OÜ'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 Javu Digital OÜ
'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 The Licensed Application
requires a firmware version
15.1 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. 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
or
Play Store Overview for
this
Licensed Application.
4.2 Javu Digital OÜ
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: https://javu.app/legal/privacy
.
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 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
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 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 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
By
posting your Contributions to any part of the Licensed Application or making Contributions accessible to the
Licensed Application by linking your account from the Licensed 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
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.
We
have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to recategorize
any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to
prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation
to
monitor 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