2.1 You are
given a non-transferable, non-exclusive,
non-sublicensable
license
to install and use the Licensed Application on
any Devices that You (End-User) own or control
and as permitted by the Usage Rules, with the
exception that such Licensed Application may be
accessed and used by other accounts associated
with You (End-User, The Purchaser) via Family
Sharing or volume purchasing.
2
.
2 This license
will also govern any updates of the Licensed
Application provided by Licensor that replace,
repair, and/or supplement the first Licensed
Application, unless a separate license
is provided for such update, in which case the
terms of that new
license
will govern.
2
.
3
You may not share or make the Licensed Application
available to third parties (unless to the degree
allowed by the Usage Rules, and with LuvHut, Inc.'s prior
written consent), sell, rent, lend, lease or
otherwise redistribute the Licensed
Application.
2
.
4 You may not
reverse engineer, translate, disassemble,
integrate, decompile, remove, modify, combine,
create derivative works or updates of, adapt,
or attempt to derive the source code of the
Licensed Application, or any part thereof
(except with LuvHut, Inc.
's prior written consent).
2
.
5 You may not
copy (excluding when expressly authorized
by this
license
and the Usage Rules) or alter the
Licensed Application or portions thereof. You
may create and store copies only on devices
that You own or control for backup keeping
under the terms of this license,
the Usage Rules, and any other terms and
conditions that apply to the device or software
used. You may not remove any intellectual
property notices. You acknowledge that no unauthorized
third parties may gain access to these copies
at any time. If you sell your Devices to a
third party, you must remove the Licensed
Application from the Devices before doing
so.
2
.
6 Violations of
the obligations mentioned above, as well as the
attempt of such infringement, may be subject to
prosecution and damages.
2
.
7 Licensor
reserves the right to modify the terms and
conditions of licensing.
2
.
8 Nothing in
this license
should be interpreted to restrict third-party
terms. When using the Licensed Application, You
must ensure that You comply with applicable
third-party terms and conditions.
3. TECHNICAL
REQUIREMENTS
3.
1 The Licensed
Application requires a firmware version 1.0.0 or
higher. Licensor
recommends using the latest version of the
firmware.
3.
2 Licensor
attempts to keep the Licensed Application
updated so that it complies with modified/new
versions of the firmware and new hardware. You
are not granted rights to claim such an
update.
3.
3 You
acknowledge that it is Your responsibility to
confirm and determine that the app end-user
device on which You intend to use the Licensed
Application satisfies the technical
specifications mentioned above.
3.
4 Licensor
reserves the right to modify the technical
specifications as it sees appropriate at any
time.
4. MAINTENANCE AND
SUPPORT
4.1 The
Licensor is solely responsible for providing any maintenance and support services for
this Licensed Application. You can reach the Licensor at the email address listed in
the App Store
or
Play Store
Overview for this Licensed Application.
4.2
LuvHut, Inc.
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. USE OF
DATA
You acknowledge
that Licensor will be able to access and adjust
Your downloaded Licensed Application content
and Your personal information, and that
Licensor's use of such material and information
is subject to Your legal agreements with
Licensor and Licensor's privacy policy, which can
be found at the bottom of the Licensed
Application
.
You acknowledge that the Licensor may periodically collect and
use technical data and related information about your device, system, and application
software, and peripherals, offer product support, facilitate the software updates, and
for purposes of providing other services to you (if any) related to the Licensed
Application. Licensor may also use this information to improve its products or to
provide services or technologies to you, as long as it is in a form that does not
personally identify you.
6. USER-GENERATED
CONTRIBUTIONS
The Licensed
Application may invite you to chat, contribute
to, or participate in blogs, message boards,
online forums, and other functionality, and 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
as non-confidential and non-proprietary. When
you create or make available any Contributions,
you thereby represent and warrant that:
1. 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, including but not limited to the copyright, patent, trademark,
trade secret, or moral rights of any third party.
2. You are the
creator and owner of or have the necessary licenses
, rights, consents, releases, and
permissions to use and to authorize us, the Licensed Application, and other
users of the Licensed Application to use your Contributions in any manner contemplated
by the Licensed Application and this License Agreement.
3. You have the
written consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness or each and every such
identifiable individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Licensed Application and this
License Agreement.
4. Your
Contributions are not false, inaccurate, or misleading.
5. Your
Contributions are not unsolicited or unauthorized
advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
6. Your
Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous
, slanderous, or otherwise objectionable (as determined by us).
7. Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your
Contributions are not used to harass or threaten (in the legal sense of those terms)
any other person and to promote violence against a specific person or class of
people.
9. Your
Contributions do not violate any applicable law, regulation, or rule.
10. Your
Contributions do not violate the privacy or publicity rights of any third party.
11. Your
Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
12. Your
Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
13. Your
Contributions do not otherwise violate, or link to material that violates, any
provision of this License Agreement, or any applicable law or
regulation.
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.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed
Application or making Contributions accessible to the Licensed Application by linking
your account from the Licensed Application to any of your social networking accounts,
you automatically grant, and you represent and warrant that you have the right to
grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license
to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle,
archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in
whole or in part), and distribute such Contributions (including, without limitation,
your image and voice) for any purpose, commercial advertising, or otherwise, and to
prepare derivative works of, or incorporate in other works, such as Contributions, and
grant and authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or
technology now known or hereafter developed, and includes our use of your name, company
name, and franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you provide. You waive all moral
rights in your Contributions, and you warrant that moral rights have not otherwise been
asserted in your Contributions.
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 your Contributions. We are not liable for
any statements or representations in your Contributions provided by you in any area in
the Licensed Application. You are solely responsible for your Contributions to the
Licensed Application and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
We have the right, in our sole and absolute discretion, (1) to
edit, redact, or otherwise change any Contributions; (2) to recategorize
any Contributions to place them in more appropriate locations in the Licensed
Application; and (3) to prescreen or delete any Contributions at any time and for any
reason, without notice. We have no obligation to monitor your Contributions.
8.
LIABILITY
8.1 Licensor takes
no accountability or responsibility for any
damages caused due to a breach of duties
according to Section 2 of this License
Agreement. To avoid data loss, You are required
to make use of backup functions of the Licensed
Application to the extent allowed by applicable
third-party terms and conditions of use. You
are aware that in case of alterations or
manipulations of the Licensed Application, You
will not have access to the Licensed
Application.
9.
WARRANTY