Lamosia® 2.0.1 & all previous versions.
Copyright (c) 2020 BMUT UG (haftungsbeschränkt)
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
By receiving, opening the file package, and/or using Lamosia 2.0.1(„Software“) containing this software, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. In addition, this agreement applies to the current version of a product and to all available previous versions. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by BMUT UG (haftungsbeschränkt) your use of Lamosia 2.0.1 indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, BMUT UG (haftungsbeschränkt) grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Lamosia 2.0.1 in accordance with this Agreement and any other written agreement with BMUT UG (haftungsbeschränkt) . BMUT UG (haftungsbeschränkt) does not transfer the title of Lamosia 2.0.1 to you; the license granted to you is not a sale. This agreement is a binding legal agreement between BMUT UG (haftungsbeschränkt) and the purchasers or users of Lamosia 2.0.1.
If you do not agree to be bound by this agreement, remove Lamosia 2.0.1 from your smartphone now and, if applicable, promptly return to BMUT UG (haftungsbeschränkt) by mail any copies of Lamosia 2.0.1 and related documentation and packaging in your possession.
Lamosia 2.0.1 and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Lamosia 2.0.1 contact BMUT UG (haftungsbeschränkt) .
3. USER AGREEMENT
Your license to use Lamosia 2.0.1 is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Lamosia 2.0.1.
RESPECTING OTHER’S RIGHTS
We respect the rights of others and we expect the same from you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that:
- Violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right
- Bullies, harasses, or intimidates
- Spams or solicits users
We try hard to keep our Services a safe place for all users and we hope you can help us in achieving this. By using the Services, you agree that you will not:
- Use the Services for any purpose that is illegal or prohibited in these Terms
- Use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information
- Use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent
- Use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services
- Use or attempt to use another user’s account, username, or password without their permission
- Solicit login credentials from another user
- Post content that contains or links to ***********, graphic violence, threats, hate speech, or incitements to violence
- Upload viruses or other malicious code or otherwise compromise the security of the Services.
- Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
- Probe, scan, or test the vulnerability of our Services or any system or network.
- Encourage or promote any activity that violates these Terms
3.2 Use Restrictions
You shall use Lamosia 2.0.1 in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Lamosia 2.0.1 together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of Lamosia 2.0.1 may be used on one single smartphone location by one user. Use of Lamosia 2.0.1 means that you have loaded, installed, or run Lamosia 2.0.1 on a smartphone or similar device. If you install Lamosia 2.0.1 onto a multi-user platform, server or network, each and every individual user of Lamosia 2.0.1 must be licensed separately.
You may make one copy of Lamosia 2.0.1 for backup purposes, providing you only have one copy installed on one smartphone being used by one person. Other users may not use your copy of Lamosia 2.0.1 . The assignment, sublicense, networking, sale, or distribution of copies of Lamosia 2.0.1 are strictly forbidden without the prior written consent of BMUT UG (haftungsbeschränkt) . It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Lamosia 2.0.1. If any person other than yourself uses Lamosia 2.0.1 registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.3 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Lamosia 2.0.1. Nor can you create any derivative works or other works that are based upon or derived from Lamosia 2.0.1 in whole or in part.
BMUT UG (haftungsbeschränkt) ’s name, logo and graphics file that represents Lamosia 2.0.1 shall not be used in any way to promote products developed with Lamosia 2.0.1 . BMUT UG (haftungsbeschränkt) retains sole and exclusive ownership of all right, title and interest in and to Lamosia 2.0.1 and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Lamosia 2.0.1, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for BMUT UG (haftungsbeschränkt) .
3.4 Limitation of Responsibility
In no event (including, without limitation, in the event of negligence) will BMUT UG (haftungsbeschränkt) , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Lamosia 2.0.1 or the use or inability to use Lamosia 2.0.1 or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
BMUT UG (haftungsbeschränkt) ’s entire liability, without exception, is limited to the customers‘ reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by BMUT UG (haftungsbeschränkt) ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to BMUT UG (haftungsbeschränkt) .
Except as expressly stated in writing, BMUT UG (haftungsbeschränkt) makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.6 Governing Law
This Agreement shall be governed by the law of the Germany applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of DE therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Lamosia 2.0.1 and destroy all copies of Lamosia 2.0.1 supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD „AS IS“ AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Lamosia 2.0.1 AS WELL.
IN NO EVENT WILL BMUT UG (HAFTUNGSBESCHRÄNKT) (LAMOSIA) BE LIABLE FOR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFIT, BUSINESS INTERRUPTION, OR LOST DATA). IN NO EVENT WILL BMUT UG (HAFTUNGSBESCHRÄNKT) (LAMOSIA) DISCLAIM LIABILITY FOR LOSS OF DATA OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), OR OTHER DAMAGES. CHURCHTOOLS ASSUMES NO LIABILITY WITH RESPECT TO THE CONTENT OF THE SOFTWARE PRODUCT, INCLUDING ITS CONTAINED, LAUGHTER, BREACH OF PUBLIC RIGHTS, PRIVACY, TRADEMARK RIGHTS, OWNERSHIP, OWNERSHIP, OWNERSHIP, OBSERVATION, DISCLAIMER.
5. CONSENT OF USE OF DATA
You agree that BMUT UG (haftungsbeschränkt) may collect and use information gathered in any manner as part of the product support services provided to you and above related to Lamosia 2.0.1. The Usage of the necklace respectively iBeacons or other Bluetooth devices as part of this Software also permits to collect and use the data to provide you the best service of this software. Based on the data collected, suggestions will be made to help you improve your relationship. Collected Data are for example distances between necklace (Bluetooth Device) and Smartphone and/or distance to partners necklace (Bluetooth Device) as well as frequency of connection between necklace devices with smartphone. Questions you are asked are also used to better serve you.
BMUT UG (haftungsbeschränkt) may also use this information to provide notices to you which may be of use or interest to you. The data protection declaration is taken into account.
6. SEVERABILITY CLAUSE
Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after conclusion of the contract, the validity of the rest of the contract remains unaffected