Effective date: April 15, 2016
BEFORE INSTALLING THIS MOBILE APPLICATION YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT. THIS MOBILE APPLICATION IS LICENSED. INSTALLING THE MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS END-USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL OR USE THIS MOBILE APPLICATION.
This End-user license agreement for the mobile application (the “Agreement”) is a legal agreement between you, any natural person or legal entity (“you”), and Akadem GmbH (“we” or “Company”) relating to the use of the mobile application and any associated online or electronic documentation there with.
All intellectual property rights associated with the mobile application and all copies thereof (including, without limitation, any titles, computer code, themes, objects, characters, character names, stories, dialog, slogans, places, concepts, artwork, structural components or landscape design, animation works, moral rights, and any related documentation above), are the intellectual property of the Company or transferred under license by the respective right holders.
Whether you agree, and subject to continued compliance with the Agreement we grant and you accept a personal, limited, revocable, non-transferable, non-exclusive license for the installation of the mobile application to use thereof in non-commercial personal entertainment purposes.
You may install and use one copy of the software on your device.
You may uninstall the software and install it on another device for your use. You may not do so to share this license between devices.
Any use of the mobile application in violation of license restrictions will be considered as violation of the Agreement. By installing the mobile application you agree under any circumstances:
- not to copy or reproduce in whole or in part, translate into another language, redesign, extract the source code, modify, disassemble, decompile, or create any derivative works based on the mobile application, not to remove proprietary notices or service and trademarks of the mobile application.
- not to license, distribute or otherwise transfer the mobile application to third parties;
- not to use the mobile application in violation of copyright or other intellectual property rights of third parties in any form;
- not to use the mobile application or attempt to modify or operate the mobile application or any hardware or software, in order to invade the privacy or obtain personal information (including, but not limited to IP address) of any user, not to record or edit, delete, or damage any information contained in the user's computer;
- not to remove, disable, damage or otherwise interfere with security-related features of mobile applications, features that prevent or restrict use or copying of any content accessible through mobile applications or functions that enforce limitations on the use of mobile applications for mobile devices.
3. User Content
3.1. You alone are responsible for the content such as commentary, ratings, reviews, invitations, messages, and information that you publicly display or displayed using the mobile application. Once published, it cannot be withdrawn by you. You assume all risks associated with your content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable. You may not imply that your content is in any way sponsored or endorsed by Akadem GmbH.
3.2. You will be ejected if, for example, your content includes material that is false, intentionally misleading, objectionable or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
3.3. You may report that other user’s content can be interpreted as intentionally misleading, objectionable or defamatory or violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, or violates or advocates the violation of any law or regulation.
4. Removal of User Content
We reserve the right to remove your content at our sole discretion and without notice to you. For example, we will remove your review, commentary within 24 hours if we believe it violates the terms of the Agreement. We have no obligation to retain or provide you with copies of your content, nor do we guarantee any confidentiality with respect to your content.
5.1. Unless otherwise agreed in a separate agreement between you and Akadem GmbH the Agreement is effective for the entire period of the mobile application copyright.
Without prejudice to any other rights, we may terminate the Agreement in the event you fail to comply with terms hereof and without cause at any time at sole discretion. In case of the Agreement termination by cause of violation made by you Akadem GmbH shall not grant you any proofs of such infringement.
5.2. After termination of the Agreement you must delete all copies of the mobile application, all component parts thereof, and uninstall the mobile application.
You may terminate the Agreement by deleting the mobile application and accompanying documentation.
5.3. Sections 3.1, 4, 6-9 shall survive the termination of the Agreement for any cause, but this shall not imply or create any continued right to use the mobile application after termination of the Agreement.
6. NO WARRANTY
THE MOBILE APPLICATION, INCLUDING TEXT, GRAPHICS, IMAGES OR OTHER COMPONENTS ARE PROVIDED “AS IS”. AKADEM GMBH DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. AKADEM GMBH DOES NOT WARRANT FOR ANY THIRD PARTY‘S SOFTWARE PRODUCTS WHICH MAY BE SUPPLIED WITH OR WITHIN THE MOBILE APPLICATION.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL AKADEM GMBH BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE MOBILE APPLICATION OR BY REASON OF ANY FAILURE OF USE THEREOF BY ANY PARTY, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN SOFTWARE INSTALLATION, COMPUTER VIRUSES, EVEN IF AKADEM GMBH OR REPRESENTATIVES THEREOF, WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. ALSO IN NO EVENT WILL AKADEM GMBH BE LIABLE FOR ANY INACCURACIES IN ADVERTISEMENTS OF THIRD PARTIES-ADVERTISERS WHEN YOU USE THE APPLICATION OF AKADEM GMBH ON THE DEVICE.
You agree to indemnify, save, and hold , its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of the mobile application, violation of the Agreement, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at our expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with us to defense these claims.
9. General Terms
9.1. We reserve the right to modify, update, or terminate the Agreement at our sole discretion, at any time, for any or no reason, and without notice or liability.
9.2. The Agreement contains the entire agreement between you and us regarding the use of the mobile application, and supersedes any prior agreement between you and us on such subject matter.
9.3. The Agreement will be governed by and construed in accordance with the laws of Austria, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to the Agreement will be filed only in the courts in Austria, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
9.4. Any failure on Akadem GmbH’s part to exercise or enforce any right or provision of the Agreement does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
9.5. If any provision of the Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
9.6. The Agreement is not assignable, transferable or sublicensable by you except with a Akadem GmbH's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Agreement shall be void.