END-USER LICENSE TERMS AGREEMENT – ACUVA APP
READ CAREFULLY: This Agreement (the “Agreement”) is an agreement between you and Watersprint AB (“Watersprint”) in relation to the Acuva app (the “App”). Watersprint grants you a right to use the App only upon the condition that you accept all of the terms contained in this Agreement.
By accessing or otherwise using the App, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement or do not wish to bind yourself, do not access or use the App.
- GRANT OF LICENSE. Watersprint grants you the limited, non-exclusive, non-transferable, terminable license to use the App in accordance with the terms and conditions of this Agreement. You may use the App for free.
- RESTRICTIONS. Except as expressly permitted by this Agreement, you shall not:
(i) use the App in a manner that infringes any third party’s copyright or any other rights; copy, publish, pledge, rent or lease, lend, give away, sell, sub-license or in any other manner distribute or transfer the App, (ii) reverse engineer, decompile, disassemble, modify, translate, adapt or create derivative work or other alterations of the App in whole or in part; (iii) make any attempt to discover the source code of the App; (iv) remove or alter any trademark, copyright, other proprietary notices, disclaimed, warning notice included in or embedded in the App; (v) use the App to develop any software or other technology having the same primary function as the App; or (vi) use the App for any other purposes than monitoring any Watersprint product. - USER OBLIGATIONS. You are required to comply with all applicable laws and regulations when using the App. You are responsible for the correctness of all data provided when creating your account, keeping any account credentials safe from un-authorized use and for reporting any un-authorized use to Watersprint without undue delay. If you want to delete your account at any time, information on how this is done can be found in our at all times applicable Privacy Policy [https://watersprint.com/en/private-notice/].
- COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS. The App is licensed, not sold. All title and copyrights and other intellectual property rights in and to the App (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the App) are owned by Watersprint or its group companies.
- CHANGES AND DISCONTINUATION. Watersprint has no obligation but may without notice make commercially reasonable updates and changes to the App from time to time. Watersprint will announce at the Watersprint website if Watersprint intends to discontinue the App.
- THE APP. The App, including its content as well as its function and data generated as part of the monitoring services, is provided “as is” and Watersprint disclaims any and all liability as further set forth in Section 10.
- SUPPORT SERVICES. Watersprint will not provide any support services related to the App, unless such support services are explicitly agreed between Watersprint and you.
- STORAGE OF DATA. Watersprint will process and store information and data as created and provided by use of the App. Storage and use of the server of Watersprint or any of its suppliers are at your sole risk. To the extent data includes personal data, processing and storage of data will be performed in accordance with Watersprint’s at all times applicable Privacy Policy [https://watersprint.com/en/private-notice/].
- TERMINATION. This Agreement becomes effective on the date you accept this Agreement and will continue until terminated as provided for in this Agreement. You may terminate this Agreement at any time by discontinue the use of the App and/or delete your account. Without prejudice to any other rights, this Agreement, license and other services included hereunder shall terminate immediately and automatically, if you fail to comply with the terms and conditions of this Agreement. Subject to Section 5, Watersprint may discontinue any license and other services included hereunder for any reason at any time without liability to you. Upon any termination of this Agreement, you must discontinue the use of the App.
- DISCLAIMER NEITHER WATERSPRINT OR ITS SUPPLIERS WARRANT THAT THE APP AND ANY SERVICES INCLUDING BUT NOT LIMITED TO MONITORING OF YOUR DEVICE AND THE PROCESSING AND STORAGE OF DATA WILL BE UNINTERRUPTED OR ERROR FREE. WATERSPRINT AND ITS SUPPLIERS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF FUNCTIONALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONTENT, RELIABILITY, ANY RESULT OF YOUR USE INCLUDING DATA RESULTING FROM YOUR USE OF THE APP AND ANY DATA ENTERED INTO THE APP, CORRECTNESS, PERFORMANCE AND NONINFRINGEMENT, WITH REGARD TO THE APP AND ANY SERVICES SUCH AS THE PROCESSING AND STORAGE OF DATA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WATERSPRINT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT, BUSINESS INTERRUPTION, LOSS OF DATA, DAMAGE TO PROPERTY OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP OR ANY RESULT OF YOUR USE OF THE APP OR ANY SERVICES SUCH AS THE PROCESSING AND STORAGE OF DATA. THE LIMITATIONS OF LIABILITY IN THIS SECTION 10 SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGANCE), LAW OR OTHERWISE. - LAW AND DISPUTES. This Agreement shall be governed by the laws of Sweden without reference to its conflict of laws provisions and any disputes shall be settled by Swedish courts with the district court of Lund as first instance.
Should you have any questions concerning this Agreement, or if you desire to contact Watersprint for any reason, please contact us at:
Watersprint AB
Medicon Village, Scheeletorget 1
223 81 Lund, Sweden
support@watersprint.com