Last Updated: 2023-01-11
For Frever Products
Frever AB (also referred to as “Licensor”, “we”, “us”, “our”)
End User (also referred to as “Licensee”, “you”, “your”), separately referred to as “Party” and collectively referred to as “Parties”.
Frever provide End Users access to applications and services (“Products”) over the Internet through certain devices. End Users by using said Products hereby agrees and enter into this End User License Agreement (“EULA”, “Agreement”) governing the terms and conditions of such use, the End User will be bound by the provisions stated herein.
1.1 This Agreement apply to your download, access and/or use of Products, whether on your computer, on a mobile device, on a browser visiting our websites (frever.com) (or any other website, or software platform operated by us). This Agreement also apply to any other services that we may provide in relation to the Products, as from time to time, such as customer support, social media, community channels and other services, which shall also be included in the term “Products”. For the avoidance of doubt, we may change the Products and the features contained therein at any time (however subject to article 1.4). This Agreement contain important information about your rights and obligations in relation to our Products.
1.2 If you do not agree to these terms or any future updated version of them then you must not access and/or use, and must cease all access and/or use of, any of our Products. If we require that any future update to these terms requires any action from you in order to accept the updated terms, then you may not be able to continue to use the Products until you have taken such action.
1.3 You agree and confirm by entering into this Agreement that you are a physical person at least 13 years old. If you are representing a legal entity, or you want to transfer your personal license to a legal entity, you must sign a separate partner license agreement.
1.4 We can make changes to this Agreement at any time, your continued use of our Products after the Agreement has been updated shall confirm your acceptance of the updated terms. The latest version of the Agreement may always be found in the Products. Should we make any major changes to the Agreement (as deemed by us; acting in good faith), we will notify you thereof through the Products (by email, push notification or otherwise). You always have the right to stop using the Products should you not agree to such changes. Your continued use of our Products after having been notified through the Service (as set forth above) shall however confirm your acceptance of the updated terms.
2. Grant of license
2.1 Subject to the terms and conditions of this Agreement, we hereby grant to you a non-exclusive, revocable, limited, personal and non-transferable license (without the right to sub-license) to use intellectual property embodied in the Products solely for purposes stipulated in this Agreement. This includes the right to use Products that we make available for download as part of the Products, in object code form only. The right to use is limited by the regulations set forth in this Agreement section 2.2, 3, 4, 5.
2.2 Except as otherwise specifically permitted in 2.1, Licensee may not:
a) modify or create any derivative works of the Products, including – without limitation – translation or localization;
b) copy the Products except as provided in this Agreement or elsewhere by us;
c) separate Products, which is licensed as a single product, into its component parts;
d) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code and any other files of the Products (except to the extent applicable laws specifically prohibit such restriction);
e) redistribute, encumber, sell, rent, lease, sublicense, use the Products and derivative works thereof in a timesharing, or otherwise transfer rights to any Products. Licensee may NOT transfer the Products or this license under any circumstances;
f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Products(s); or
g) publish or make public any results of benchmark tests run on the Products to a third party without our prior written consent.
h) use the Products, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement, TV-shows, feature film, podcasts or radio productions, theme songs, corporate identification materials (including sound-logos) or solicitation or spamming;
2.3 If you breach these license restrictions, or otherwise exceed the scope of the licenses granted herein, you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights.
2.4 We retain ownership of all Products, and except as expressly set forth herein, no other rights or licenses are granted or to be implied.
3. User Accounts & User IDs
3.2 You may choose to or you will be required to, convert to or complement your User ID with a user account (“Account”). This Account will serve as a vehicle for you to voluntarily submit Data, Payment Details and Content to our Products. This Account is also unique for each Licensee and cannot be shared with anyone else and you are not entitled to transfer your account to any other person. The Account will upon conversion from a User ID replace the unique User ID and be the sole identifier for the license regulated by this Agreement.
3.3 If you create an Account with us, you agree that you shall take all steps necessary to protect your log in details and keep them secret, to avoid anyone else pretending to be you. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.
3.4 We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result. If you wish to voluntarily block your account, you can send us an email at email@example.com.
3.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Products and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
3.6 You understand that if you delete your Account, you may lose access to any data previously associated with your Account (including, without limitation, your Content and Creations (as defined below)).
3.7 If you violate any provision of this Agreement, your permission to use the Products will terminate automatically. In addition, we may, in our sole discretion, (a) suspend or terminate your Account and/or your access to the Products, or (b) remove any of your Content and Creations (as defined below), at any time, without notice for any reason. we will have no liability whatsoever as a result of any suspension or termination of your access to or use of the Products.
3.8 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS, IF YOU ARE, OR IF WE HAVE REASONABLE GROUNDS TO SUSPECT, THAT YOUR YOU ARE IN BREACH OF THIS AGREEMENT. THIS ACTION MAY TAKE PLACE AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU.
4. User conduct & User Content
4.1 As a User with a User ID or an Account, you are allowed to use our Products within the license granted under this Agreement in the manner prescribed in this Section 4. As a User with an Account you are allowed to, in addition to use our Products, submit Content (as defined below) and use social features.
4.2 Regardless if you are using our Products as a User with an ID or as a User with an Account, you must comply with the laws that apply to you in the location that you access our Products from. If any laws applicable to you restrict or prohibit you from using our Products, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Products.
4.3 You promise that all the information you provide to us on accessing and/or using our Products is and shall remain true, accurate and complete at all times.
4.4 You may transfer, send, upload, transmit, submit or otherwise make information, text, data, software, sound, photographs, graphics, video, tags, or other materials available to the Products (“Content”). You understand and agree that all Content that you transfer when using our Products, whether publicly posted or privately sent, is the sole responsibility of the User that sent the Content. This means that you or another user, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Products.
4.5 You agree not to upload, communicate, transmit or otherwise make available any Content or create any Creation (as defined below):
a) that is or could reasonably be viewed as unlawful, inciteful of an illegal act, immoral, hateful, harmful, racist, pornographic, discriminating against any person for example based on race, nationality, gender, gender identity, sexual orientation, religion, harassing, defamatory, libelous, promotes or instigates to violence or use of weapons, spreading of disinformation, that is obscene or otherwise objectionable, or that violates any rights of a third party or in connection with or “sensitive subjects” (including political content, such as the promotion, advertisement or endorsement of any party, candidate or elected official; and “adult videos” and promotion of adult entertainment venues, escort services, or the like);
b) that is or could reasonably be viewed as invasive of another’s privacy;
c) that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
d) which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
e) which infringes any intellectual property right or other proprietary right of others;
f) which consists of any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or
g) which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
h) which, in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using the Products, or which may expose us, the Products or its users to any harm or liability of any type.
4.6 You agree that you will not:
a) use our Products to harm anyone or to cause offense to or harass any person;
b) create more than one account to access our Products;
c) use another person or entity’s email address in order to sign up to use our Products;
d) use our Products for fraudulent or abusive purposes (including, without limitation, by using our Products to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Products);
e) disguise, anonymize or hide your IP address or the source of any Content that you may upload;
f) use our Products for any commercial or business purpose or for the benefit of any third party;
g) remove or amend any proprietary notices or other ownership information from our Products;
h) interfere with or disrupt our Products or servers or networks that provide our Products;
i) attempt to decompile, reverse engineer, disassemble or hack any of our Products, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
j) ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use our Products, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms);
k) sell, transfer or try to sell or transfer an Account
l) disrupt the normal flow of a Products or otherwise act in a manner that is likely to negatively affect third Parties;
m) disobey any requirements or regulations of any network connected to our Products;
n) use our Products in violation of any applicable law or regulation;
o) use our Products to cheat or design or assist in cheating (for example, by using automated means or third-party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Products, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms;
p) use our Products in a U.S. embargoed country or region or in violation of any EU or U.S. export law or regulation, and that it is not nor indirectly or directly owned 50% or more by, and will not make available Content and/or Creations to, any person or entity on any list of prohibited parties or subject to sanctions imposed by the UN, EU, U.S. or other countries; or
q) use our Products in any other way not permitted by these terms.
4.7 We do not control Content posted on our Products by other Users and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Products, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Products. If you are concerned that someone else is not complying with any part of these terms, please use the report abuse button in our app found under more section of each video or contact us here: firstname.lastname@example.org. We will investigate all reported content and reserve the right to remove content temporarily or permanently pending investigation.
4.8 We have the right to remove uploaded Content from our Products if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Products into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by users that use our Products and we make no undertaking to do so.
4.9 You are solely responsible for your interactions with other users of our Products.
5. Intellectual Property
5.1 All intellectual property contained in the Products (“IP”) is either i) our property, ii) our users’ property or iii) third-party licensors’ property. Thus, all IP embodied in the Products is either owned by us, or licensed to us from our Users or third-parties.
Modifications/Derivative Works on Intellectual Property
5.2 You may create, write, record, edit, modify, compose, combine, synchronize and alter IP and Content in order to create a video, image, character or outfit (“Creation”). Such Creation may include, but not be limited to, recording, editing, writing, scaling, transforming or sampling any IP and/or Content such as voice files, videos, music, animations, objects, effects, characters and/or create combinations of these assets, provided that in relation to music assets you may not change or edit such assets or parts thereof, but may cut them as required for inclusion in the Creation. The Creation will come into existence upon your submission of the Creation through your Account. All Creations that are submitted to us are considered to be a derivative work of the IP, this derivative work, is licensed to us in accordance with article 5.4. Thus, automatically upon submission of Creation and Content, your Creation and Content is being defined as IP and embodied in the Products and available for all other users to use in accordance with this Agreement.
Our Intellectual Property
5.3 Except as expressly authorized by us in in 5.2, you may not make use of our owned IP (or other IP) contained in the Products. We reserve all rights to our IP not granted in this Agreement.
Your Intellectual Property
5.4 You retain all copyrights (including title, attribution and ownership) that you may hold in the Creation and Content, subject to that you conform to terms and conditions of this Agreement. For the avoidance of doubt, you are not granted any rights to any of our IP that you may use for Creations, except for the limited license explicitly stated herein.
5.5 When you submit your Creations and Content to us, you are granting us a license to your Creations and Content in exchange for the use of our Products. The license you grant to us is a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right license (with the right to sublicense to any person or entity, whether a user of the Products or not, including any third party provider) to view, host, store, analyze and store metadata, synchronize with video or imagery, transfer, publicly display, publicly perform, reproduce, modify, create derivative works of, distribute, and use in any way the Creations and Content that you provide, in whole or in part, including modifications and derivative works, in any media or formats (tangible or intangible) and through any media, items or channels (online, offline, or others, now known or hereafter developed), including for publicity, commercial and marketing purposes. For avoidance of doubt, this means that we (nor any third party) are not in any obligation to pay any other third-party any remuneration or royalty (including but not limited to record labels, publishers, collections societies, producers, unions or guilds) for the license of your Creations and Content. Moreover, we (and any third parties, including third party content providers) are allowed to use your Creations, Content and username in commercials, TV-shows, webpages, book, social media, merchandise, educational material, tutorials in our sole discretion believe will help to promote or market the Products or a third party service or to earn revenue from sales of above listed products or services inclusive of your Content or Creations.
The license you grant to us also grant us the right to register us as rights holder to all Creations you upload to a third-party platform such as YouTube, Instagram or TikTok. This means that we have the right to track (analyze and retrieve data on viewership of the Creations), monetize or take-down such Creations that you upload. For avoidance of doubt, our right does not mean that we have the right to take down Creations you publish on third-party platforms as long as the Creations has been made according to the terms of this Agreement and we have given authorization to these third-party platforms to host your Creations. However, we shall have the right to take down or cause to be taken down Creations you publish on third-party platforms where necessary for reasons of bona fide artist concerns or due to potential rights issues. Moreover, if you wish to monetize your Creations you need to enter into a separate commercial agreement with us. Please read more on frever.com on your possibilities to monetize your Frever Creations.
If you submit Creations and Content, you do not have the right to remove or modify those Creations and Content (unless we provide tools for you to remove or modify Content in the Products, or unless otherwise required by law).
When you submit Creations and Content, and as a result of the license you give to us, you agree to grant other third-party users the right to use your Creations and Content to create their own Creations, which in turn constitutes a new derivative work, owned by said third-party user and licensed to us in accordance with this Agreement. You agree and acknowledge that you will not be entitled to any revenue that those other users may earn, even if they use your Creations and Content.
Other than the potential to earn revenue from the Content if you enter into separate agreement with us, we shall not be obligated to provide to you any compensation, attribution, or other payments for any reasons, including for exploitation of the license you grant us upon submission of Content or Creations.
BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT OR YOUR CONTINUING USE OF THE PRODUCTS, YOU AGREE THAT THIS LICENSE GRANTED TO US APPLIES TO ANY CONTENT OR CREATIONS YOU TRANSFER TO US AT ANY TIME DURING YOUR USE OF THE PRODUCTS.
5.6 You are solely responsible for your Content and you represent and warrant that:
a) Your Content does not and will not: (i) cause us to violate any law or regulation, (ii) violate or infringe any third-party intellectual property right, including any copyright, patent, design right, trademark, trade secret, or moral right; (ii) offend, slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) force us to obtain any other licenses or pay royalties or compensation to any third parties; (iv) result in a breach of contract between you and a third party; or
b) You are owner or the creator, or have acquired the necessary licenses, rights or permissions to transfer the Content to us, in order for us to use the rights in the license you have granted us.
c) You shall not provide any Content if you are not the owner of or are not fully authorized to provide us the rights in all of the elements of the Content you intend to transfer.
d) You shall not transfer a sound recording, where you do not have the rights to the underlying musical works embodied in such sound recordings. You may only transfer Content if you have acquired all of the sufficient rights that allow you to grant us the license according to this Agreement. You agree to pay all money, royalties or similar you may owe to any person as a result of providing your Content.
e) If you are an artist that has entered into a contract with a record label, then you are solely responsible for ensuring that your use of the Products follows any contractual obligations you may have to your record label, including if you create any new recordings through the Products that may be claimed by your label.
f) If you are a composer or author of a musical work and are affiliated with a label or collecting society, then you must notify your label or collecting society of the royalty-free license you grant to us. You are solely responsible for ensuring your compliance with the relevant reporting obligations.
5.7 We are under no obligation to control Content that you submit. Further, we will not be held liable for any Content submitted by you. Content that we believe are violating this Agreement, we have the right to remove, block and edit without any prior notice to you. As a user of the Products, you understand that you will be exposed to Content from a variety of sources and acknowledge that Content may be offensive, inaccurate, or objectionable to you or others. You agree to waive, any legal or equitable right or remedy you have or may have against us with respect to Content. If you or a third-party report that any Content violates this Agreement you understand that we have the unilateral right to remove said Content or not.
5.8 We do not permit copyright-infringing activities on the Products. Please alert us of any inappropriate Content or other materials you find on the Products. As a copyright owner or a representative of said owner, you may submit a notification if you believe that any Content on the Products infringes upon your copyrights, by contacting us at email@example.com.
5.9 Our intellectual property policy is, upon notice from an intellectual property right owner or a representative of said owner, to: (i) remove or disable access to Content that we believe in good faith, is infringing the intellectual property rights of a third party by being made available through the Products; and (ii) terminate the Accounts of and suspend access to the Products for the Users that have repeatedly violated this policy.
5.10 If you provide Content that infringes trademarks, your Content can be blocked or removed.
5.11 Whenever you access or use a feature that allows you to download or transmit Creations through the Products to third-party services (including and limited to social media platforms such as, but not limited to, TikTok, Instagram, Facebook, YouTube, Twitter etc.), you may also choose to download or transmit your Creations on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set in this Agreement.
Third-party Intellectual Property
5.12 The Products may include, display, or make available Content, data, information, applications or materials from third Parties and nothing stated herein shall be construed as transferring to any party any title or ownership right or granting any right other than as explicitly set out in the Agreement, in any such third party IP or metadata relating thereto. You understand that by using the Products, you may encounter third-party owned IP, such as third-party advertisements and promotional Content that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language, and that may contain links or references to objectionable material. Nevertheless, you agree to use the Products at your sole risk and that we shall not have any liability to you for Content that may be found to be offensive, indecent, objectionable, inaccurate, incomplete, untimely, invalid, illegal, of poor quality or otherwise.
5.13 As set forth in Section 2, a Creation may include music and other sound recordings (including sound effects) provided by a third party (each such recording is hereinafter referred to as a “Music Piece”). For the avoidance of doubt, you may not repackage the Music Pieces or upload/use them (in whole or in part) as for example sound libraries, or upload them in any music recognition systems, and/or in any way use, distribute or otherwise exploit the Music Pieces as if your property (but only use them within the Products). Where a Creation which includes a Music Piece is submitted through your Account;
a) you must provide credit, including i) the name of the artist creating the Music Piece, ii) the title of the Music Piece, and iii) information about the holder of the rights to the Music Piece, as well as, to the extent possible, a hyperlink to such person’s/entity’s homepage;
b) such Creation may not be longer than five minutes in length and include a maximum of thirty seconds of the Music Piece; and
c) such Creation must include other IP and/or Content, thus be combined with accompanying visual/narrative elements that are of superordinate importance (for instance not use the Music Piece together with still image(s), panning motions or other limited animation/video/audio only) and may not be created for the purpose of creating a music listening experience.
5.14 If you want to clear rights connected with a Music Piece which are not included under the Agreement, please send an email to the email address referred to in Section 9 (and we will, where relevant, forward it to the relevant third party rights holder).
6. Indemnification, Warranties and Limitation of Liability
6.1 You agree that you will be responsible for your use of the Products. Thus, you shall indemnify us and our investors, employees, directors, users and business partners (“Other Parties”) from and against every liability, damage, loss, claim and expense, inclusive of reasonable attorney fees, arising out of your use of the Products, in particular:
a) your violation of any parts of this Agreement;
b) your violation of any third-party right, including any intellectual property right; or
c) any dispute or issue between you and any third party; and
d) your use of the Products.
We reserve the right, at our own expense, to assume the exclusive defense and control of any claim or legal matter subject to indemnification by you (without limiting your indemnification obligations with respect to that matter or claim). Should we assume the defense and control of the matter or claim you agree to cooperate with our defense of that claim.
THE SERVICE IS PROVIDED, TO THE EXTENT ALLOWED UNDER LAW, “AS IS” AND “AS AVAILABLE”, AND UNLESS OTHERWISE EXPLICITLY STATED, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL (I) MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; OR (III) NOT CAUSE ANY LATENCY OR PROCESSING DELAYS. WE DO NOT WARRANT THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS, OR COMPLETENESS OF ANY INFORMATION OBTAINED THROUGH THE SERVICE AND DOES NOT TAKE RESPONSIBILITY FOR CONTENT PUBLISHED IN OR THROUGH THE SERVICE BY OTHER USERS OR CONTENT ON LINKED SITES IN THE SERVICE. NO INFORMATION, WHETHER ORAL OR WRITTEN, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND ACCOUNT. BY USING THE SERVICE, TO THE EXTENT ALLOWED UNDER LAW, YOU WAIVE ALL RIGHTS TO CLAIM DAMAGES AS RESULT OF YOUR USE OF THE SERVICE OR OUR FAILURE TO PROVIDE THE SERVICE IN A SATISFYING MANNER. IN ANY EVENT, OUR LIABILITY TOWARDS YOU SHALL NEVER BE GREATER THAN THE FEES PAID BY YOU FOR THE USE OF THE SERVICE IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.
7. Choice Of Law and Disputes
7.1 The Agreement is governed by and construed in accordance with the laws of Sweden, without regard to or application of conflict of laws rules or principles. This however applies subject to any applicable mandatory law in the country in which you reside.
7.2 Any dispute arising out of or in connection with the Agreement, including any disputes regarding the existence, validity or termination thereof, shall, at first hand, be settled by you and us together. The Parties agree to arbitrate all disputes by simplified arbitration arranged by The Stockholm Chamber of Commerce in accordance with the rules of simplified arbitration procedure adopted by The Stockholm Chamber Commerce and in force at the time when such proceedings are commenced. If that is not possible, the dispute shall be settled by the public courts of Sweden, with Stockholm district Court (Swedish: Stockholms tingsrätt) as first instance.
7.3 Notwithstanding the Parties’ agreement to resolve disputes through arbitration, either party may bring an action in court: (a) to enforce its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), including without limitation to seek injunctive relief; (b) in cases that do not involve intellectual property rights, to seek temporary, preliminary or other expedited or provisional injunctive relief (but not money damages); or (c) collect fees due pursuant to the Agreement.
8.1 Any article of this Agreement which by their nature should survive the termination of this Agreement, shall survive, including without limitation Sections 2, and relevant parts of Section 5-7. The termination of the Agreement does not affect any rights and obligations that have derived prior to termination.
8.2 No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of such provision or any other provision(s) of this Agreement.
8.3 You may not assign, sell, transfer, delegate or otherwise dispose of this Agreement or any right, duty or obligation under this Agreement without our prior written consent. Nothing in this Agreement shall prevent the assignment by us of this Agreement or any right, duty or obligation hereunder to any third party.
8.4 If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible (or, if it cannot legally be given any effect, will be severed from this Agreement), and the remaining parts will remain in full force and effect. Nothing in this Agreement shall be deemed to confer any rights or benefits on a third party.
8.5 By using the Products, you understand and agree that any electronical communication between us and you will deemed as legally satisfactory notices.
8.6 Compliance with Laws. You will comply with all laws in your use of the Products. Moreover, you agree to not directly or indirectly export or transfer the Products to prohibited countries.
You are welcome to contact us at any time should you have any questions, want to address any complaints, or make a claim. The easiest way to contact us is to send an email to firstname.lastname@example.org.
10. Supplemental Terms for Apple
10.1 If you obtained a license to use our Products through App Store, which is provided by Apple Inc. (“Apple“), the terms of this Section shall apply (the “Apple Terms”). If the Apple Terms differ from the terms of other parts of the Agreement, the Apple Terms shall prevail. Further, if the Agreement contains usage rules for the Products which conflict with terms provided by Apple which you are bound by, such usage rules shall not apply to the extent these conflict with the terms provided by Apple but shall be given effect to the greatest extent possible, in accordance with the principles of Section 8.4.
10.2 The following terms and conditions apply, and you make, where applicable, the commitments set out below:
a) You understand that the Agreement is entered into between you and us and not with Apple. Apple is therefore not responsible for the Products or the content of the Products.
b) You understand that the right to use the Products, when downloaded from App Store, is non-transferable and that your use of the Products takes place on your Apple device (or an Apple device which you control), which you shall use in accordance with any terms and conditions which you have accepted in relation to Apple.
c) You understand that we, and not Apple, are responsible for providing any maintenance and support services with respect to the Products, to the extent we have an obligation to do so according to the Agreement or under applicable law. This means that Apple has no obligation to furnish any maintenance and support services with respect to our Products.
d) If we fail to provide our Products (including if they do not conform to any applicable warranty), as downloaded from App Store, in relation to what is set out in the Agreement or applicable law (whether express or implied), you may notify Apple thereof and Apple will then, where applicable (and at Apple’s sole discretion), refund what you paid for the license obtained through App Store. However, to the fullest extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Products, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
e) We and not Apple, are responsible for handling claims from you and other end users or third parties relating to the license obtained through App Store, or your access and/or use of our Products, including but not limited to 1. product liability claims, 2. any claim that the Products fail to conform with applicable legal or regulatory requirement, and 3. claims arising under consumer protection or similar legislation.
f) You understand that in the event of any third party claim that the software licenced through App Store, or your access to and use of it, infringes the intellectual property rights of that third party, and such third party brings a claim in connection with it, we, and not Apple, are responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
g) You represent and warrant that you 1. are not located in a country that is subject to a U.S. government embargo, or which has been designated by the U.S. Government as a “terrorist supporting” country, and 2. are not listed on any U.S. Government list of prohibited or restricted parties.
h) You understand that you, where applicable, must comply with any applicable third party terms of agreement when using the Products.
i) You (as well as we) acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement and will, upon your acceptance of the Agreement, have the right (and will be deemed to have accepted the tight) to enforce the Agreement against you as a third party beneficiary.