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FAQ

EULA - smartphone app

Thursday, July 18, 2013 @ 19:57

General

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.

Legal issues

All terms mentioned on "Legal Issues" are valid for the use of Tourstart, such as, but not limited to:

  • Disclaimer
  • Privacy conditions
  • Terms and Conditions
  • Advertiser terms and conditions
  • EULA
  • Purchase conditions

EULA

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:

  • clicking to accept or agree to the EULA, where this option is made available to you by Tourstart in the Software; or
  • installing or actually using the Software.

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.

  • You may not use the Software and may not accept the EULA if:
  • You are not of legal age to form a binding contract with Tourstart, or
  • You are a person barred from receiving the Software under the laws of the United States or other countries including the country in which you reside or from which you access the Software.

By agreeing to the EULA, you also acknowledge that

  • Tourstart is not responsible for any Third Party content;
  • the Software may collect and use data for which Tourstart respects privacy rules;
  • for some features of the Software, you will need to have wireless internet and data connection enabled on your mobile device (using wireless internet may result in significant data charges from your mobile service provider for which Tourstart is not responsible);
  • Tourstart may uses different Third Party map data suppliers; (to check which Map Data EULA applies to your Product, please refer to the "About Screen" of your Software);
  • your use of this real time route guidance application is at your sole risk; and
  • location data may not be accurate.

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.

Acceptance

Installation or use of the enclosed Software on your device constitutes your acceptance of these terms. If you do not agree to the Terms of Use, you must immediately delete the Software from your device and destroy any copies you made of the Software and of any written materials relating to the Software, and promptly return the Software and, if bought as part of a package, any associated devices.

Licence

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.

Transfer

You are not allowed to move your Software from one device to another.

Change conditions

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.

Anti-Piracy Protection

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.

Copyright

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.

Prohibited Use

Unless you have Tourstart’s prior written permission, you may not

  • use, copy, modify, alter, or transfer the Software or accompanying documentation, except as expressly permitted in this Licence;
  • translate, disassemble, decompile, or reverse engineer the Software
  • sublicense or lease the Software or its documentation; or
  • use the Software in a multi-user or networked environment or on a rental basis or in a time-sharing or computer service business.

End-User Remedies

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

  • correct the error, or
  • help you work around the error, or
  • accept a return and issue a refund through your retailer.

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.

Privacy

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.

Warning

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

Warranty

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.

Product Claims

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

  • product liability claim,
  • any claim that the Software fails to conform to any applicable legal or regulatory requirement, and
  • claims arising under consumer protection or similar legislation.

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.

Restrictions

Except where you have been specifically licensed to do so by Tourstart, and without limiting the preceding paragraph, you may not

  • use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or
  • with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.

Warning

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.

No Warranty

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.

Export Control

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.

Termination

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.

Governing Law

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.

Prevailing version

The Danish text prevail.

Comments

Should you have any comments or queries about our Privacy Policy or any information protection we hold about you, please feel free to contact Tourstart on our address:

 

Tourstart ApS
Loevet Moellevej 6
DK-8740 Braedstrup
CVR 3054 3645

www.tourstart.org
info@tourstart.org

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