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
Weeprok
Biotech Pty 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
Weeprok Biotech Pty Ltd
'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
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. 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
Weeprok Biotech Pty 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
:
http://localhost:3000/index.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