Warranty Ark End User License Agreement
This End User License Agreement (“License”) is a legal agreement between you and WideLabs GmbH (“WideLabs GmbH/Warranty Ark/we/us/our”) for this Warranty Ark mobile software product (“Software”), which includes mobile device software, the data supplied with it, and electronic documentation (“Documentation”). [Warranty Ark reserves the right to update and change, from time to time, these terms].
1. Grant and Scope of License
In consideration of the license fee and compliance with the restrictions set forth in Section 2 below, Warranty Ark hereby grants you a non-exclusive, non-sublicensable, non-transferable, revocable license to use the Software on a single mobile device under your control on the terms of this License and to use any Documentation in support of this use.
2. Conditions of Use
You may not:
- use the Software or any other part thereof on a device of a type, category or for an additional number of users other than that for which the License was granted;
- make copies of the Software user manual or any Documentation;
- loan, sell, resell, lease, distribute, rent, assign, sub-license, transfer or otherwise provide, electronically or otherwise, the Software or any copy or part of it to anyone else or make the Software available for use by others in any timesharing, service bureau, outsourcing, or similar arrangement or otherwise;
- remove any copyright notice, trademark, legend, logo or product identification of the Software or the backup copy;
- make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs; or
- reverse engineer, disassemble, reverse translate, or in any way decode the Software or any copy or part of it in order to derive any source code, save only as is permitted by any applicable law.
You acknowledge and agree that all copyrights and other intellectual property rights in the Software and Documentation are owned by, or validly licensed to, Warranty Ark and that you have no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this License. The Software is licensed, not sold. Except as expressly set forth herein, no rights or licenses are granted to you under this License, whether by implication, estoppel, or otherwise.
WARNING: The Software source code and the valuable trade secrets contained in it are not licensed to you under this License.
You may provide Warranty Ark with suggestions, comments, input and other feedback regarding the Software, services and technologies (“Feedback”). You shall not provide Warranty Ark with any Feedback that you do not have the right to disclose or provide to Warranty Ark. The parties agree that all Feedback is and shall be given voluntarily. Feedback, even if you designate such Feedback as confidential, shall not create any confidentiality obligation for Warranty Ark. Warranty Ark shall be free to use, disclose, reproduce, license or otherwise distribute and exploit Feedback provided to Warranty Ark as Warranty Ark sees fit, entirely without payment obligation or restriction of any kind on account of intellectual property rights or otherwise.
This License becomes effective when you download the Software or use the Software on the device. The License (and all rights granted to you under it) shall terminate automatically if you are in breach of or failure to comply with any term or condition in it. Upon such termination, you must cease all activities authorized by this License and immediately destroy all copies of the Software, completely purge the Software from any device or system, and certify to us that they have been so destroyed. Upon such termination, you will not be entitled to any refund of any monies or other consideration paid by you and you relinquish all rights granted to you under this License. Sections 2, 4, 5, and 6 will survive any expiration or termination of this License for any reason.
Warranty Ark warrants that:
- for a period of 90 days from the date of installation (“Warranty Period”) the Software will, when properly used, perform substantially in accordance with the functions described in the Documentation (provided that the Software is properly used on the mobile device and with the operating system for which it was designed as referred to in the accompanying Documentation), and that the Documentation correctly describes the operation of the Software in all material respects; and
- it has tested the Software for viruses using commercially available virus-checking software, consistent with current industry practice.
- You acknowledge that:
- the Software has not been developed to meet your individual requirements, and that it is, therefore, your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet your requirements.
- You acknowledge that the Software may not be free of bugs or errors, and agree that the existence of minor errors shall not constitute a breach of this License. If, within the Warranty Period, you notify us in writing of any defect or fault in the Software in consequence of which it fails to perform substantially in accordance with the Documentation, and such defect or fault does not result from you having amended the Software or used it in contravention of the terms of this License, we will, at our sole option, either repair or replace the Software, provided that you make available all the information that may be necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault. The foregoing states Warranty Ark’s sole obligation, and your sole remedy, with respect to the breach of the warranty in this Section 4.
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5, THE SOFTWARE IS PROVIDED BY WARRANTY ARK “AS IS, WITH ALL FAULTS” AND NEITHER WARRANTY ARK NOR ITS THIRD–PARTY LICENSORS MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, BY STATUTE, USAGE, TRADE CUSTOM, OR OTHERWISE WITH RESPECT TO THE SOFTWARE, AND WARRANTY ARK DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS RELATING THERETO INCLUDING, WARRANTIES OF NON INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY INTENDED OR PARTICULAR PURPOSE. WARRANTY ARK DOES NOT GUARANTEE OR WARRANT THAT THE SOFTWARE WILL BE FREE OF DEFECTS, RUN ERROR-FREE OR UNINTERRUPTED, OR MEET YOUR REQUIREMENTS.IN NO EVENT WILL WARRANTY ARK BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION 6 WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.WARRANTY’S MAXIMUM AGGREGATE LIABILITY UNDER, OR IN CONNECTION WITH, THIS LICENSE SHALL BE LIMITED TO A SUM EQUAL TO 100% OF THE LICENSE FEE PAID FOR THE SOFTWARE.
This License sets out the full extent of Warranty Ark’s obligations and liabilities in respect of the supply of the Software and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Warranty Ark except as specifically stated in this License. Any condition, warranty, representation or other terms concerning the supply of the Software and Documentation which might otherwise be implied into, or incorporated in, this License, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
By your use of the Software you acknowledge that you have read this License, agree to be bound by its terms and conditions and agree that it is the complete and exclusive statement of the License between you and Warranty Ark which supersedes any other previous proposal or agreement, whether oral or written, relating to the subject matter of this License. No amendment or modification hereof will be valid or binding upon the parties unless made in writing and signed by the duly authorized representatives of both parties.
Either party’s failure or delay in enforcing any provision hereof will not waive that party’s rights.You may not transfer, assign, charge or otherwise dispose of this License, or any of your rights or obligations arising under it, without Warranty Ark’s prior written consent. Warranty Ark may transfer, assign, charge, or otherwise dispose of this License, or any of its rights or obligations arising under it without restriction and without your consent.
If any provision of this License is found invalid or unenforceable pursuant to any judicial decree or otherwise, the remainder of this License shall remain valid and enforceable according to its terms.
This License will be governed by the Slovenian laws, without regard to its conflict of laws principles. The parties consent to the personal and exclusive jurisdiction of courts located in Slovenia with respect to any dispute or claim arising out of this License.
September 4, 2020