EULA for the AppArtbaby of “Enter Multimedia”.
This Enduser Software License Agreement (“EULA”) is entered into by and between you (“Licensee”) and “ENTER MULTIMEDIA”, S.L. (28010, MADRID, SPAIN) CIF: B84768100.
Software License Agreement, you agree to be bound by the subsequent terms of this EULA by saving, installing or using the software. If you do not agree you are not entitled to save, install, or use the Software.
This software contains software of “Enter Multimedia” and of Third Parties. The software of “Enter Multimedia” is part of its intellectual property. “Enter Multimedia” is the sole holder of all patents, copyright, industrial property rights, trade-marks and other intellectual property rights to such software and all such rights remain with “Enter Multimedia”. The use of Third Party software is governed by their respective terms and conditions of licence as further specified in the License menu.
- License Grant.“Enter Multimedia”grants the Licensee a personal, non-exclusive, non-transferable and non-sublicensable right to use the software only in object-code form for installation and use on a single device with a suitable operating system.
- Restrictions. The License is not allowed to: a. copy, duplicate, distribute or reproduce in any other way the software or parts thereof except for data-recovery or archiving purposes; b. sell, lend, lease, license, sub-license, distribute, assign, convey or handover in any other way the software or parts thereof to a third party; c. to modify or port the software or to use it for own development purposes; d. to combine or merge the software with other software, to decompile the software in any way, to disassembly, reverse engineer the software or otherwise try to deduct, identify or ascertain the source-code, algorithms or the intellectual property contained therein; e. to make use the technical solutions contained in the software for other purposes.
- Disclaimer of warranty.in the case of freeware version, there is no warranty for the software, to the extent permitted by applicable law. The software is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the software is with the licensee. Should the software prove to be defective, the licensee has to assume the cost of all necessary servicing, repair or correction.In the case of the paid version, the warranty is limited exclusively to the operation of the software and to the extent that a malfunction is verified.
- Limitation of Liability. In no event unless required by applicable law will “Enter Multimedia” be liable to the licensee for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the software (including but not limited to loss of data or data being rendered inaccurate or losses sustained by the licensee or third parties or a failure of the software to operate with any other software), even if such holder or other party has been advised of the possibility of such damages.
- Term and Termination. The right of use of the licensee starts with his acceptance of these license terms. “Enter Multimedia” is entitled to terminate this agreement and the right of use of the Licensee connected therewith at any time in its sole discretion without notice by informing the Licensee that the services the software was intended for are not offered any longer. The license agreement ends with immediate effect if the Licensee is in breach of any of its obligations under this agreement. After termination of the agreement the Licensee has to stop its use of the software immediately and to de-install and delete all copies of the software.
- Jurisdiction. This User License Agreement Software (“LICENSE”) are governed by Spanish law. “Enter Multimedia” and the user, expressly waiving any other jurisdiction (even if the user is domiciled outside Spain), the Spanish law and the jurisdiction of the Courts of Madrid to resolve any questions, problems or disputes are submitted derived from the software (app) under this contract as well as the interpretation of those provisions and settlement of any dispute between the licensee and “Enter Multimedia”.