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 ActionPoints'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 ActionPoints'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
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
ActionPoints
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://actionpoints.app/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
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 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
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
licence 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 authorise sublicences of the foregoing. The use and distribution may occur in any media
formats and through any media channels.
This licence
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
recategorise 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
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.
9.
WARRANTY