EULA - smartphone app
Sunday, September 22, 2013 @ 18:04
Tourstart ApS is a Danish company and is responsible for the websites Tourstart and Touringstart and smartphone app’s – hereafter called Tourstart-, and is committed to protect your privacy and security.
All details you may supply to Tourstart with your on-line activities is protected to the extent that we will follow appropriate security procedures in the storage of the personal information, as to prevent unauthorised access by third parties. The information will be safeguarded by current law as well.
This EULA is an addition to the Legal issues related to use the services of Tourstart for mobile devices.
In order to use the enclosed Tourstart ApS ('Tourstart') Software (the "Software"), you must first agree to the End User Licence Agreement ('EULA') below. You may not use the Software if you do not accept the EULA.
You can accept the EULA by:
In so doing, you understand and agree that Tourstart will treat your use of the Software as acceptance of the EULA from that point onwards.
By agreeing to the EULA, you also acknowledge that
When possible Tourstart has provided for your information a translation of the EULA. You agree that the translations are provided for your convenience only and that the English Language shall prevail and always be binding in case of conflict. Tourstart's terms and conditions on Tourstart’s website and any of Tourstart's associated pages are hereby incorporated by reference to the EULA and therefore form a binding agreement. Tourstart regularly update the EULA and the website and encourage you to visit those pages.
Tourstart grants you, as an individual, a non-exclusive, non-transferable right and licence to install and use one copy of the Software on a single device at a time. Your licence to use the Software is subject to you complying with the terms of this Licence. A licence is required for each installation of the Software.
You are not allowed to move your Software from one device to another.
Tourstart is entitled to change or add to the EULA and Legal Issues at any time, and is not entitled to give notice about any changes. The latest EULA and Legal Issues are to be found on Tourstart web site.
The Software may include product activation and other technology to prevent unauthorized use and copying. When provided with a Product Key Code, or any other similar mechanism, you will need to activate your Software with the associated method in order to use it. If you try to activate an excessive number of times, the anti Piracy Protection may cause your Software to lock and prevent you from further activating your Software.
International treaty provisions and copyright law protect the Software and the data transmitted by the Software. You agree that no title to the intellectual property in the Software or the data is transferred to you. You further acknowledge that title and ownership rights will remain the exclusive property of Tourstart or its licensors, and you will not acquire any rights to the Software or the data except as expressly set out in this licence. You agree that any copies of the Software will contain the same proprietary notices that appear on and in the Software. The Copyright to the Software is held by Tourstart ApS, Løvet Møllevej 6,DK-8740 Brædstrup.
Unless you have Tourstart’s prior written permission, you may not
If the Software does not conform to the "Limited Warranty" above, Tourstart’s entire liability and your sole and exclusive remedy will be, at Tourstart’s option, either to
The Limited Warranty is void if failure of the Software has resulted from your fault, abuse, or misapplication. If Tourstart correct an error in the Software for you, then the unexpired portion of the Limited Warranty period as at the date you informed us of the error will apply to the corrected software once you have received the corrected version.
NO OTHER WARRANTIES
EXCEPT AS SET OUT IN THE LIMITED WARRANTY, TOURSTART DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE.
TOURSTART DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE OR THE DATA, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Some jurisdictions do not allow the exclusion of implied warranties or limits on how long an implied warranty may last, or an exclusion of incidental damages. This means the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights depending on your country.
No Liability for indirect loss
In no event will Tourstart be liable to you for any loss of profit, wasted time, lost business or for any incidental, or indirect loss of any kind arising out of the performance or use of the Software or the data, even if Tourstart has been advised of the possibility of such damages.
Tourstart reserves the right (which it may from time to time exercise), to collect location based information on a basis that preserves your anonymity. Tourstart may use this information for support purposes, to develop new features and overall to improve the quality of Tourstart’s products and services. You may have the option to opt-out or switch-off of this functionality within the software. Although we aim to restrict the data flow to the minimum, you may incur data charges by using this feature or the Software. Please check with your data subscription charges with your mobile service provider. Roaming may also increase the data charges. Tourstart is not responsible for any subscription or data charges you may occur.
The Software and the data are only a help for navigation. You must respect locally applicable traffic rules and regulations and use the Software with common sense. The reality observed on the road, and the traffic rules and regulations, always take precedence over the information provided by the Software or the data. You must always control your vehicle, and your speed. You must be able to react properly and execute every appropriate maneuver. You must adopt at all times a prudent and respectful behavior with respect to other vehicles and pedestrians. Tourstart shall not be held responsible for any information provided by the Software including, any map data, traffic data or any route calculation. Your use of this real time route guidance application is at your sole risk. Traffic and Location Data may not be accurate or timely.
Disclosure for optional content displayed in the Licensed Products for additional purchase: Navigation and any other functions are licensed as a subscription service which must be renewed annually for continued use.
Scope of Licence
The license granted to You for the Software is limited to a non-transferable licence to use the Software on any iOS Product that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Please refer to the App Store Terms of Service for more information.
Maintenance and Support
Tourstart is solely responsible for providing maintenance and support services with respect of the Software as required under applicable law. Apple has no obligation to furnish any maintenance and supports services with respect to the Software
The above warranties apply. In the event of any failure of the Software to conform to the above applicable warranty, You may notify Apple and Tourstart and Tourstart might refund You the purchase price for the Software.
Apple will have no other warranty obligation whatsoever with respect to the Software and any other claims, liabilities, damages, costs or expenses attributable to any failure to conform to the warranty shall be Tourstart’s sole responsibility.
You acknowledge that Tourstart, not Apple, is responsible for addressing any of Your or any Third Party claims relating to the Software possession or use, including but not limited to
Intellectual Property Rights
You acknowledge that in the event of any claim that the Software or your possession and use of the Software infringes any Third Party Intellectual Property Rights Tourstart and not Apple shall be solely responsible for the investigation, defense, settlement and discharge of such Intellectual Property Infringement claim.
Third Party Beneficiary
Tourstart and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the E.U.L.A. upon Your acceptance of the terms and conditions of this E.U.L.A. Apple will have the right to enforce the E.U.L.A. against You as a third party beneficiary thereof.
Personal Use Only
You " means you as an End-user or as a "Company" on behalf of its End-Users which are subject to either a Non Disclosure Agreement as Employees or a License Agreement that contains the same restrictions as herein as a Value Added Reseller. Also as used in this EULA, "personal use" can also be understood in more general terms as for a Company’s use. You agree to use this Data for the solely personal, noncommercial purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes.
You agree not to reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.
Except where you have been specifically licensed to do so by Tourstart, and without limiting the preceding paragraph, you may not
The Data may contain inaccurate, untimely or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results. The Data is based on official available maps. It is provided without a warranty of any kind. The user assumes full responsibility for any delay, expense, loss or damage that may occur as a result of use of the Data.
This Data is provided to you "as is," and you agree to use it at your own risk. Tourstart and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.
Disclaimer of Liability
TOURSTART AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF TOURSTART OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you. You are therefor prohibited to use the software in those regions and areas.
You agree not to export from anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.
Without prejudice to its other rights, Tourstart may terminate this Licence if you fail to comply with these terms and conditions. In that situation, you must destroy all copies of the Software.
The above terms and conditions shall be governed by the laws of Denmark. The courts of Denmark shall have exclusive jurisdiction to settle any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder. You agree to submit to such jurisdiction.
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