This End-User License Agreement (“EULA”) is a legal agreement between you, the end-user, and Mobedig Ltd. This EULA permits you to use a single copy of 24hEXPERIENCE software product, which includes application and may include associated media, web sites (www.24hEXPERIENCE.com, www.mobedig.com), printed materials, and on-line or electronic documentation (collectively and individually, “24hEXPERIENCE Services”).
By installing, copying, or otherwise using the 24hEXPERIENCE you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the 24hEXPERIENCE application or other media.
Do not use the Software until you have carefully read the following Agreement.
APPLICATION LICENSE AGREEMENT
1.0 GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, Mobedig grants to you a limited, non-exclusive, license to install, download, and use the Application on your mobile device. The 24hEXPERIENCE software is licensed, not sold.
You may not decompile, disassemble or otherwise reverse engineer the 24hEXPERIENCE Application and/or Services, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the 24hEXPERIENCE Application and/or Services. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based upon this software. You agree not to publicise or distribute any registration code algorithms, information, or registration codes used by this software without permission from Mobedig.
You may not use the 24hEXPERIENCE Application and/or Services to engage in or allow others to engage in any illegal activity where the 24hEXPERIENCE Application and Services is accessed and used. You may not use the 24hEXPERIENCE Application and/or Services to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.
4.0 REGISTRATION AND ACCEPTANCE
By installing, copying, accessing, downloading or using the 24hEXPERIENCE Application and/or Services (or authorising any other person to do so) you are indicating that you are 18 years of age or older (any parent or guardian of a person under the age of 18 may accept this Agreement on behalf of a user), are capable of entering into a binding legal agreement, have read and understand this Agreement and you accept its terms and conditions. If you do not agree with the terms and conditions of this Agreement, do not install, copy, access, download or use the 24hEXPERIENCE Application and/or Services
This service, including applications, websites and related content are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
6.0 THIRD PARTY SERVICES AND MATERIALS
The Licensed Application may enable access to Mobedig’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at Your sole risk and that Mobedig shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Mobedig is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Mobedig does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on, purchased from or linked to from the mobile device are not available in all languages or in all countries. Mobedig makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Mobedig, and its business partners, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Mobedig be liable for the removal of or disabling of access to any such Services. Mobedig may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
Should you purchase any services, materials or products from third party service providers, Mobedig shall not be responsible for any part of providing such services, materials or products to you. Regarding third party service providers, Mobedig acts as a marketplace where you purchase services, materials or products from third party service providers and you conclude separate agreement with the third party service provider.
7.0 YOUR OWN CONTENT
It may be possible for you to post your own content (including but not limited to opinions, pictures, videos, music) through the application. If you post the material, you specifically give Mobedig, its affiliates and any third party service provider the following permission: You grant non-exclusive, transferable, sub-licensable, royalty free worldwide license for unlimited time to use any content that you post.
By downloading and using 24hEXPERIENCE Application and/or Services you give Mobedig, its affiliates and any third party service provider the following permission: to communicate with you by sms, emails, push messages or any other means necessary to facilitate the service and inform you about the new services, products or other news up to six months after uninstalling the application
The license is effective until terminated by you or Mobedig. The license is considered terminated by you when six months has passed since you have uninstalled the application. Your rights under this license will terminate automatically without notice from Mobedig if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
10.0 DISCLAIMER OF WARRANTIES
THE 24hEXPERIENCE APPLICATION AND SERVICES AND ANY THIRD PARTY SOFTWARE, MATERIALS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. MOBEDIG AND THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE 24hEXPERIENCE APPLICATION OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES. MOBEDIG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 24hEXPERIENCE APPLICATION OR SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE 24hEXPERIENCE APPLICATION OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE 24hEXPERIENCE APPLICATION OR SERVICE WILL BE CORRECTED. MOBEDIG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE 24hEXPERIENCE APPLICATION OR SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. MOBEDIG DOES NOT REPRESENT OR WARRANT THAT USERS WILL BE ABLE TO ACCESS OR USE THE 24hEXPERIENCE APPLICATION AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT MOBEDIG WILL HAVE ADEQUATE CAPACITY FOR ANY USER’S REQUIREMENTS. NO ORAL OR WRITTEN STATEMENT, INFORMATION OR ADVICE GIVEN BY MOBEDIG, OR ITS RESPECTIVE EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS SHALL CREATE ANY WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD AND/OR USE OF THE 24hEXPERIENCE APPLICATION OR SERVICE, AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE 24hEXPERIENCE APPLICATION OR SERVICE, IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE 24hEXPERIENCE APPLICATION OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
11.0 LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MOBEDIG, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE 24hEXPERIENCE APPLICATION OR SERVICES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF MOBEDIG, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO MOBEDIG FOR THE 24hEXPERIENCE APPLICATION OR SERVICES. IF THE 24hEXPERIENCE APPLICATION AND SERVICES IS PROVIDED WITHOUT CHARGE, THEN MOBEDIG AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE 24hEXPERIENCE APPLICATION OR SERVICES, FROM INABILITY TO USE THE 24hEXPERIENCE APPLICATION OR SERVICES, TO USE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE 24hEXPERIENCE APPLICATION OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
THE 24hEXPERIENCE APPLICATION OR SERVICES IS NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND LICENSEE AGREES THAT MOBEDIG WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE 24hEXPERIENCE APPLICATION OR SERVICES.
In no event shall Mobedig’s liability exceed the purchase price of the 24hEXPERIENCE Application.
12.0 UPGRADES, UPDATES AND ENHANCEMENTS
All upgrades, updates or enhancements of 24hEXPERIENCE Application and Services shall be deemed to be part of 24hEXPERIENCE Application and Services and will be subject to this Agreement.
Mobedig reserves the right to modify or amend this Agreement at any time and for any reason or for no reason at all, in their sole discretion, without notice. Please review the version of this Agreement at http://www.Mobedig.com/eula/ from time to time in order to keep current with its terms and conditions.
The laws of the Republic of Finland, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
If any provision in this Agreement should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or conditions.