End User License Agreement (EULA)

Last updated: __________

__________ is licensed to You (End-User) by __________, located at __________, ______, ______ ______, __________ ("Licensor"), for use only under the terms of this License Agreement.

By downloading the Licensed Application from , and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. referred to in this License Agreement as "Services."

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. __________, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest ("Usage Rules"). __________ acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

__________ when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. __________ is to be used on devices that operate with .

Table of Contents

1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. NO MAINTENANCE AND SUPPORT
5. USER-GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. LIABILITY
8. WARRANTY
9. PRODUCT CLAIMS
10. LEGAL COMPLIANCE
11. CONTACT INFORMATION
12. TERMINATION
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
14. INTELLECTUAL PROPERTY RIGHTS
15. APPLICABLE LAW
16. MISCELLANEOUS

1. THE APPLICATION

__________ ("Licensed Application") is a piece of software created to __________ — and customized for mobile devices ("Devices"). It is used to __________.

2. SCOPE OF LICENSE

The Licensor grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Licensed Application solely for Your personal, non-commercial purposes strictly in accordance with the terms of this License Agreement.

You are not allowed to:

• Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Licensed Application.
• Reproduce, copy, distribute, resell or otherwise use the Licensed Application for any commercial purpose.
• Allow any third party to use the Licensed Application on behalf of or for the benefit of any third party.
• Use the Licensed Application in any way which breaches any applicable local, national or international law.
• Use the Licensed Application for any purpose that the Licensor considers is a breach of this License Agreement.

3. TECHNICAL REQUIREMENTS

The Application requires a firmware version 1.0.0 or higher. The Company recommends using the latest version of the firmware.

The Company will attempt to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. The user is not allowed to claim such an update.

It is the user's responsibility to confirm that the device on which they intend to use the Application satisfies any technical specifications mentioned above.

The Company reserves the right to modify the technical specifications as it sees appropriate at any time.

4. NO MAINTENANCE OR SUPPORT

4.1 __________ is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application.

4.2 __________ and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5. USER-GENERATED CONTRIBUTIONS

The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize us and other users to use your Contributions.
• You have consent from any identifiable individuals in your Contributions to use their name or likeness.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, spam, or other promotional material.
• Your Contributions are not obscene, lewd, violent, harassing, slanderous, or otherwise objectionable.
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten others or promote violence.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate any third party's privacy or publicity rights.
• Your Contributions do not violate laws related to child protection or child pornography.
• Your Contributions do not contain offensive comments connected to race, gender, sexual preference, or disability.
• Your Contributions do not otherwise violate any provision of this License Agreement or applicable law.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

6. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with them. We are not liable for any statements or representations in your Contributions provided by you in any area of the Licensed Application.

You are solely responsible for your Contributions and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding them.

7. LIABILITY

The Company's responsibility in the case of violation of obligations and tort is limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), will the Company also be liable in case of slight negligence. In any case, liability will be limited to the foreseeable, contractually typical damages.

The limitation mentioned above does not apply to injuries to life, limb, or health.

The Company takes no accountability or responsibility for any damage caused by a breach of duties according to the Scope of License of this Agreement. To avoid data loss, the user is required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. The user is aware that in case of alterations or manipulations of the Application, the user will not have access to the Application.

8. WARRANTY

8.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

8.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of the Licensor's sphere of influence that affect the executability of the Licensed Application.

8.3 You are required to inspect the Licensed Application immediately after installing it and notify the Licensor about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of __________ days after discovery.

8.4 If we confirm that the Licensed Application is defective, the Licensor reserves the choice to remedy the situation either by means of solving the defect or substitute delivery.

8.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

8.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

9. PRODUCT CLAIMS

The Licensor and the End-User acknowledge that the Licensor, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

• (i) product liability claims;
• (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
• (iii) claims arising under consumer protection, privacy, or similar legislation.

10. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.

11. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

__________
__________
______, ______ __________
__________
__________

12. TERMINATION

The license is valid until terminated by ______ or by You. Your rights under this license will terminate automatically and without notice from ______ if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

______ represents and warrants that ______ will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

14. INTELLECTUAL PROPERTY RIGHTS

______ and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, ______, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

15. APPLICABLE LAW

This License Agreement is governed by the laws of ______ excluding its conflicts of law rules.

16. MISCELLANEOUS

16.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

16.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.