1 BASIC INFORMATION
1.1 This User Agreement (the “Agreement”) are legal agreements between You and [Kenart Media AB], setting out the rights, obligations, liabilities and other matters relating to [Our educational learning material for children and students with linguistic disabilities] (the “App”).
1.2 IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THESE TERMS BEFORE USING THE APP. IF YOU DO NOT AGREE, PLEASE CEASE USE OF THE APP IMMEDIATELY.
1.3 BY USING THE APP, YOU CONFIRM THAT YOU ARE AGED 18 OR OVER AND THEREFORE CAN CREATE BINDING LEGAL OBLIGATIONS FOR ANY LIABILITY YOU MAY INCUR AS A RESULT OF THE USE OF THE APP.
The terms used in this Agreement shall be defined as follows:
|“Agreement”||means this User Agreement.|
|“Device”||means a smart phone or portable device with network communication, to which the App is downloaded.|
|“License”||means the license to use the App.|
|“App”||means the smart phone application developed and/or provided by Us.|
|“You”||means You, the customer or individual, who enters into this Agreement with Us upon accessing and using the App.|
|“We”, “Us” or “Our”||means [KenArt Media AB].|
3 GRANT OF LICENSE
3.1 Scope of license
The App are licensed, not sold or transferred, to You for use only under the terms of the license set out in this Agreement (the “License”). We reserve all rights not expressly granted to You under this License. This License is granted by Us to You for the App and is limited to a personal, non-exclusive, non-transferable, fully revocable license to use the App on a Device while it is in Your possession and under Your control and as permitted by this Agreement.
4 YOUR UNDERTAKINGS
4.1 Lawful Use and Use Limitations
4.1.1 You shall not use the App for any unlawful, illegal or improper purposes. You agree not to:
(i) rent, lease, lend, sell, redistribute or sublicense the App or a Device on which the App is installed;
(ii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof;
(iii) delete, change or modify in any way any copyright notices or trademarks contained in the App;
(iv) download any software to the Device which may impact the functionality and security of such Device, the App (including “rooting” or “jailbreaking” the Device);
(v) use or launch any automated system, including without limitation, robots, spiders or other automatic device or manual process to monitor or copy the App;
(vi) provide to the App any viruses, worms, time bombs, and/or other computer programming routines that are intended damage, detrimentally interfere with, intercept or expropriate any system, data or information or any content that may create liability for Us or cause Us to lose (in whole or in part) the services of suppliers;
(vii) engage in any act that interferes with Our business or violates the License or infringes Our intellectual property rights.
4.1.2 Any attempt to do any of the above by You or someone to whom You have given access to Your Device, is a violation by You of Our rights, and, if relevant, Our licensors, and is a breach of this Agreement.
4.2 Your Undertakings
You are responsible for and agree to do the following:
(i) provide current, complete and accurate information when creating Your account, and update Your account information as necessary to keep it current, complete and accurate;
(ii) protect Your Device against unauthorized access;
(iii) download updates and/or upgrades of the App to Your Device;
(iv) make sure that all settings, required network communication, entries, and changes necessary to operate the App on Your Device are enabled and correct.
4.3 Compliance with Laws and Agreement
You shall comply with all applicable laws and the terms and conditions of this Agreement.
4.4 Third Party User Terms
The App may require access to third-party services such as mobile network connection, roaming etc. We are not liable for any additional terms and costs of service that may apply with respect thereto and We are not responsible for the proper functionality of any such third-party services.
5 PROVISION OF THE APP
We are not responsible for malfunctions, failures, or difficulties with the App. We are not responsible for incorrect or inaccurate entry information, whether caused by You, users of Your account by any of the equipment or programming associated with the App, or by any technical or human error that may occur in the processing of any information related to the App.
5.2 Open Source Software
For any part of the App containing open source software, the following open source terms shall apply (as amended from time to time).
(ii) Angular (https://angular.io/license)
(iii) Ionicons (http://ionicons.com/)
(v) Angular Fire (https://github.com/angular/angularfire2/blob/master/LICENSE)
6 TERMINATION OF AGREEMENT
6.1 This Agreement is effective until terminated by either You or Us. You may terminate this Agreement at any time by deleting the App. We may terminate this Agreement at any time if You fail to comply with any term(s) of this Agreement.
6.2 Upon termination of this Agreement:
(i) we may delete, directly or indirectly via a third party, the App and any of its applications which are stored in Your Device. You hereby consent to such deletion;
(ii) you shall immediately cease all use of the App, and delete all copies, full or partial, of the App provided to You.
7 INTELLECTUAL PROPERTY RIGHTS
7.1 The copyright, trademarks and other intellectual property rights to the App shall belong to Us.
7.2 This Agreement does not transfer to You any ownership in the App or copyright or intellectual property rights therein, but permits You to use the App subject to the terms and conditions of this Agreement.
8 NO WARRANTY/AS-IS
8.1 THE APP IS PROVIDED TO YOU ‘AS IS’ AND WITH ALL RISKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND THIRD PARTY LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, OF ACCURACY, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH REGARD TO THE APP. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, SECURE OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS OR THE LIKE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE. WE WILL NOT BE LIABLE FOR LOSS OF YOUR PERSONAL DATA. YOU ARE RESPONSIBLE FOR BACKING UP YOUR PERSONAL DATA THAT YOU PROVIDE TO US FOR THE APP. YOU AGREE TO ASSUME ALL RISK OF ANY AND ALL DAMAGES AND LOSS FROM USE OF, OR INABILITY TO USE, THE APP.
8.2 WE CANNOT GUARANTEE THAT THE APP ARE COMPATIBALE WITH, AND WILL WORK ON, ALL DEVICES. THIS MEANS THAT THE APP MIGHT NOT WORK WITH YOUR DEVICE.
8.3 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
8.4 YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED USING THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGES.
8.5 We have no obligation to provide any updates or upgrades to the App or to fix any defect, error or bug in the App.
9 LIMITATION OF LIABILITY
9.1 We shall in no event be liable for damages, losses, liabilities or claims, unless specified otherwise under relevant laws:
(i) arising out of any false or inaccurate information provided by You;
(ii) incurred by You or Your properties due to a reason attributable to You or Your failure to perform Your obligations under this Agreement;
(iii) resulting from a third party’s illegal or unauthorized access to or use of Your Device or the App.
9.2 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF ACTUAL OR ANTICIPATED PROFITS OR SAVINGS (INCLUDING LOSS OF CONTRACT), LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER PECUNARY OR COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, INCLUDING NEGLIGENCE OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 TO THE EXTENT NOT PROHIBITED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY UNINTENDED OR IMPROPER USE OF THE APP AND SHALL NOT BE LIABLE FOR ANY FAILURE BY THE APP TO PERFORM AS INTENDED, IF SUCH FAILURE IS DUE TO YOUR DEVICE, ITS INCOMPATIBILITY WITH THE APP, ITS FAILURE TO FUNCTION CORRECTLY OR ANY OTHER REASON BEYOND THE CONTROL OF US.
9.4 YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST US ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE APP AND/OR ANY RELATED PRODUCTS OR SERVICES.
9.5 IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF [TEN EURO (€ 10.00)]. THE FOREGOING LIMITATION WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS DECLARED INVALID OR INAPPLICABLE.
9.6 YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST US WITHIN SIX (6) MONTHS OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9.7 Any failure by Us to enforce this Agreement or any part hereof shall not mean a waiver of Our right to do so.
YOU AGREE TO DEFEND, INDEMNIFY, RELEASE AND HOLD US AND OUR SUPPLIERS, SERVICE PROVIDERS OR OTHER PARTNERS, AGENTS AND EMPLOYEES HARMLESS FROM AND AGAINST ALL LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE FEES OF ATTORNEYS AND OTHER PROFESSIONALS, RELATED TO OR RESULTING FROM YOUR BREACH OF THIS AGREEMENT OR YOUR ACTS OR FAILURE TO ACT IN ACCORDANCE WITH YOUR OBLIGATIONS UNDER THIS AGREEMENT, EXCEPT TO THE EXTENT THAT SUCH LIABILITIES ARISE FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN THE EVENT YOU PROVIDE REGISTRATION OR OTHER INFORMATION THAT IS UNTRUE, INACCURATE, FRAUDULENT OR OUT OF DATE, YOU AGREE TO INDEMNIFY US FOR AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LIBILITY, DAMAGES, LOSS OR EXPENSES IT MAY INCUR, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS, TAXES, PENALTIES OR SANCTIONS, INTEREST, FEES, COSTS AND EXPENSES OF ANY NATURE ARISING FROM OR RELATED TO ANY CLAIM, DEMAND, ACTION OR PROCEEDING ALLEGED OR INITIATED AGAINST US BY ANY THIRD PARTY BASED UPON SUCH INFORMATION. THESE DEFENSE AND INDEMNIFICATION OBLIGATIONS WILL SURVIVE THESE TERMS AND YOUR USE OF THE APP.
We may assign all or part of Our rights and obligations under this Agreement to any company or companies part of Our group.
12 GOVERNING LAW
This Agreement is governed by the laws of Sweden, without regard to choice or conflict of law principles.
13 CONTACT DETAILS
If You have questions regarding the App or this Agreement, or wish to report an error in the App, You should contact the person or entity from whom You or Your employer/contractor purchased the License to use the App.
14 THIRD PARTY BENEFICIARY
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against You as a third party beneficiary thereof.
Agreement Date: November 15, 2017