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 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 ETHERIX OÜ's prior
written
consent).
2
.
4
Violations of the obligations mentioned above, as
well as
the attempt of such infringement, may be subject to
prosecution and damages.
2
.
5
Licensor reserves the right to modify the terms and
conditions of licensing.
2
.
6
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
App
Store
or
Play Store
Overview
for this Licensed Application.
4.2
ETHERIX 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://juststoryit.net/privacy-policy.html
.
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