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--- manual:about:eula [2018/08/07 15:24] – created mstupka
+++ manual:about:eula [2021/02/19 16:13] (current) – mstupka
@@ Line 1: / Line 1: @@
-====== End User License Provisions ======
+====== End User License Agreement ======
 ----
-This End-User License Agreement (“EULA”) is a legal agreement between user and Asamm Software s.r.o. (“Asamm”). User agrees that this EULA is enforceable like any written negotiated agreement signed by user. This EULA applies to user's use of Locus Map mobile application, services or any other materials made available by or on behalf of Asamm to user (together the “Services”).
+The present End User License Agreement ("EULA" or "Agreement Agreement") represents a binding legal arrangement between You and Asamm Software s.r.o., Business ID: 24225321, a company with registered office at Krhanická 719/25, 142 00 Prague 4 – Kamýk, Czech Republic ("Asamm"), regarding the use of the mobile application and related web services provided by Asamm under the Locus Map brand name ("Software Product").
-Please read this EULA carefully. By clicking on the “accept” button below user agree to all the terms and conditions of this EULA. If user do not
-agree to the terms of this license, we will not license the Services to user and user will not be able to use the Services.
-===== Grant of license =====
+By checking off the applicable field and consenting to the EULA, You express Your intent to enter into the contractual arrangement with Asamm as per the provisions contained in this document, whether the current version or, where applicable, a version hereof updated in the future, and You undertake to unreservedly comply with the terms of the EULA. Simultaneously, You declare to be 16 years of age or older and fully sui juris.
+===== License Grant =====
-In consideration of user agreeing to abide by the terms of this EULA, Asamm hereby grants to user a non-exclusive,
+Conditional on Your entry into this Agreement and Your compliance herewith, Asamm grants You a non-exclusive, personal, time-limited, non-transferrable, and territorially unlimited license to use the Software Product insofar as its functions are intended to be used, exclusively for Your private purposes and subject to the terms and conditions laid down in this Agreement ("License"). For the avoidance of doubt, it is agreed that the License includes not only the use of the individual functions of the Software Product in accordance with the intended purpose of the functions thereof, but also the presentation of the Software Product, for example by means of product reviews. You may not use the Software Product in any way other than to the extent of the License granted under this Agreement.
-personal, non-transferable license to use the Services for user's personal non-commercial use subject to the terms of this EULA. This License does not grant any rights to obtaining future
-upgrades, updates or supplements to the Services. If upgrades, updates or supplements to the Services are obtained, however, the use of such
-upgrades or updates is governed by this EULA and the amendments to it unless other terms accompany the upgrades, updates or supplements in
-which case those terms apply.
-===== Restrictions =====
+This License grants You no right to obtain updates, innovations, or accessories to the Software Product that may become available in the future. However, if You obtain such updates, innovations, or accessories to Software Product, the use thereof will be subject to the up-to-date version of this Agreement, unless different terms and conditions are attached to such updates, innovations, or accessories to the Software Product.
+===== License Restrictions =====
-User is prohibited from renting, lending, public presentation, performance or broadcasting or any other kind of distribution
+Leasing, renting, or distributing in any other way the Software Product, its components, or source and machine codes is prohibited. You must refrain from copying, altering, reverse-engineering, decompiling, selling the Software Product or any component thereof, breaking its protective features, attempting to use a similar method to obtain the source code, or allowing any party to carry out any action as per the foregoing. The License is not transferrable and does not include the right to grant sublicenses for the use of the Software Product.
-of the Services. Other than as permitted by applicable legislation, user will not, and user will not allow any person to, copy or modify the Services
+===== License Price =====
-or any part thereof or to reverse engineer, decompile or disassemble the Services.
+For the grant of the License, You undertake to pay Asamm the sum stated in the current Asamm Price List, of which You will be informed using a suitable method prior to the entry into the Agreement or the purchase of the applicable accessory to the Software Product. Unless otherwise expressly stipulated, thus specified price does not include any taxes or fees, and such taxes or fees will be charged to You by Asamm where required under laws and regulations.
+Accessories to the Software Product may be purchased through the GooglePlay platform. In such a case, You will enter into a separate contractual arrangement with the operator of the applicable platform, such as Google Ireland Limited or Google Inc.
+===== License Duration =====
+The License is time-limited for the term specified in the information provided to You by Asamm or its business partners during the purchase of the License, depending on the License duration option selected by You. Unless otherwise expressly stated in this information, the License is granted for a period of one (1) year.
 ===== Ownership =====
-Copyright and other intellectual, industrial and/or proprietary rights to the Services are owned by Asamm and/or its suppliers.
+Copyrights and other intellectual property rights, industrial rights, and/or ownership rights pertaining to the Software Product are the property of Asamm and/or its suppliers. By entering into this Agreement, You gain no rights to the Software Product other than the right to use the Software Product to the extent of the License, subject to the terms and conditions laid down hereunder.
-Asamm permits user to use the Services only in accordance with the terms of this EULA. All rights not specifically granted in this EULA are
-reserved by Asamm. To the extent applicable, user acknowledge that user have no right to have access to the Services in source code or in
-unlocked coding or with comments.
 ===== Confidentiality =====
-User acknowledges and agrees that the Services were developed at considerable time and expense by Asamm and are
+You agree and acknowledge that the Software Product has been developed by Asamm at the expense of considerable investment of time and financial resources, As such, the Software Product is of confidential nature and constitutes the business secret of Asamm and/or third parties. You undertake to use the Software Product solely to the extent and in the manner expressly permitted under the License.
-confidential to and a trade secret of Asamm and/or third parties. user agree to maintain the Services in strict confidence and not to disclose or
+===== Third-Party Software License =====
-provide access thereto to any person.
-===== Third Party Software Licenses =====
+The Software Product uses software provided by third parties. The use of third-party software is subject to separate licensing conditions. Regardless of the provisions pertaining to the License, the use of certain third-party components incorporated in the Software Product or used for supporting services may be subject to terms and conditions other than the EULA. You hereby certify to be aware of conditions stipulated by all third parties that provide services or components for the Software Product, as stipulated in the technical description of the Software Product, and You undertake to comply with such conditions. Upon purchasing a License for the Software Product, You give Asamm an instruction to begin providing services relating to the use of the Software Product.
+===== Liability Limitation =====
-The Services may make use of third party software. Notwithstanding Clauses 2, 3 and 4, use of
+a) YOU ACKNOWLEDGE THAT THE SOFTWARE PRODUCT HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL NEEDS. IT IS THEREFORE YOUR DUTY TO ENSURE THAT THE FUNCTIONS AND PARAMETERS OF SERVICES FULFILL YOUR INDIVIDUAL REQUIREMENTS. ASAMM PROVIDES NO GUARANTEE THAT THE SOFTWARE PRODUCT WILL FUNCTION WITH NO INTERRUPTION OR WITH NO ERROR. IN PARTICULAR, YOU NEED TO BE AWARE THAT THE USE OF THE SOFTWARE PRODUCT IN A NAVIGATION SYSTEM MAY CAUSE CALCULATION ERRORS, FOR EXAMPLE AS A RESULT OF LOCAL CONDITIONS AND/OR INCOMPLETE DATA. ASAMM PROVIDES NO GUARANTEE THAT THE SOFTWARE PRODUCT WILL BE ABLE TO WORK IN CONJUNCTION WITH ANY OTHER SYSTEM, DEVICE, OR PRODUCT, WHETHER SOFTWARE OR HARDWARE.
-some third party materials included in the Software may be subject to other terms and conditions. user hereby agree to the terms
+b) ASAMM AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT "AS IS WITH ANY AND ALL ERRORS OR DEFICIENCIES" TO THE MAXIMUM EXTENT ALLOWABLE UNDER RELEVANT LAWS AND REGULATIONS. UNDER THIS AGREEMENT, IT IS AGREED THAT ANY AND ALL LIABILITY OF ASAMM IS RULED OUT IN RELATION TO THE SOFTWARE PRODUCT AS WELL AS ANY GUARANTEES, WHETHER EXPLICIT, IMPLICIT, MANDATORY UNDER THE LAW, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL (POTENTIAL) TACITLY ASSUMED GUARANTEES, DUTIES, OR CONDITIONS OF SATISFACTORY QUALITY OR SUITABILITY FOR A SPECIFIC PURPOSE, RELIABILITY, AVAILABILITY, PRECISION, OR COMPLETENESS OF RESPONSES OR RESULTS PERTAINING TO THE SOFTWARE PRODUCT AS WELL AS THE PROVISION OR NON-PROVISION OF SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT, THROUGH THE SOFTVARE PRODUCT OR OTHERWISE BASED ON THE USE OF THE SOFTWARE PRODUCT. IN ADDITION TO THE FOREGOING, NO WARRANTY IS EXTENDED IN RELATION TO THE SOFTWARE PRODUCT OR CONDITIONS PERTAINING TO PEACEFUL ENJOYMENT, PEACEFUL HOLDERSHIP, OR ABSENCE OF INFRINGEMENT ON RIGHTS. IF RULING OUT THE FOREGOING IS NOT POSSIBLE, IT IS DEEMED AGREED THAT THE TOTAL LIABILITY OF ASAMM AND ALL OF ITS SUPPLIERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE SUM ACTUALLY PAID BY YOU TO ASEMM FOR THE USE OF THE SOFTWARE PRODUCT.
-and conditions for such third party software.
+c) ASAMM BRINGS YOUR ATTENTION TO THE FACT THAT IN USING THE SOFTWARE PRODUCT, YOU BEAR FULL AND EXCLUSIVE LIABILITY FOR COMPLIANCE WITH TRAFFIC REGULATIONS (SUCH AS USING MANDATORY AND/OR APPROPRIATE AND ADEQUATE SAFETY FEATURES, PROTECTIVE AIDS, TAKING PROPER AND GENERALLY EXPECTED CARE AND ATTENTION IN A GIVEN SITUATION, AND EXCEPTIONAL CARE AND ATTENTION RESULTING FROM THE USE OF THE SOFTWARE PRODUCT). UNDER THIS AGREEMENT, IT IS AGREED THAT THE LIABILITY OF ASAMM FOR ANY DAMAGE AND INTANGIBLE LOSS INCURRED IN CONNECTION WITH THE USE OF THE SOFTWARE PRODUCT IS RULED OUT.
-===== Limited Warranty =====
+NEITHER ASAMM NOR ITS SUPPLIERS WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY (UNDER THE AGREEMENT, DUE TO NEGLIGENCE, OR OTHERWISE); (I) FOR THE IMPOSSIBILITY TO USE ANY THIRD-PARTY DEVICE OR TO GAIN ACCESS TO DATA, FOR ANY LOSS OF OR DAMAGE TO DATA, FOR THE LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROFIT, LOSS OF REVENUES OR EXPECTED SAVINGS, INTERRUPTION IN BUSINESS OPERATIONS, OR A SIMILAR LOSS (REGARDLESS OF WHETHER SUCH A LOSS IS DIRECT OR INDIRECT); OR (II) FOR ANY INDIRECT, ACCIDENTAL, OR SUBSEQUENT LOSS OR DAMAGE OF ANY KIND WHATSOEVER, IN EVERY INDIVIDUAL CASE, ARISING FROM THE USE OF THE SOFTWARE PRODUCT OR THE IMPOSSIBIITY TO USE THE SOFTWARE PRODUCT, INCLUDING CASES IN WHICH ASAMM IS NOTIFIED OF THE RISK OF SUCH DAMAGE OR LOSSES.
+===== Termination =====
-a) user ACKNOWLEDGES THAT THE SERVICES HAVE NOT BEEN DEVELOPED TO MEET user's INDIVIDUAL REQUIREMENTS
+Without prejudice to any other rights, Asamm may terminate this Agreement effective immediately if You breach any of the terms and conditions laid down hereunder. The provisions of this Agreement that are to remain in effect due to inherent reasons after the termination hereof will remain in effect after the termination of this Agreement. Regardless of whether prior notice is served or not, Asamm reserves the right to cease the distribution of updates, innovations, or supplementary services, which are provided to You or to which You have access through the use of the Software Product.
-AND THAT IT IS THEREFORE user's RESPONSIBILITY TO ENSURE THAT THE FACILITIES AND FUNCTIONS OF THE SERVICES
+===== Links to Third-Party Websites =====
-MEET user's REQUIREMENTS. Asamm DOES NOT AND CANNOT WARRANT THAT THE SERVICES OPERATE
-UNINTERRUPTED OR ERROR-FREE. user SHOULD BE PARTICULARLY AWARE OF THE FACT THAT CALCULATION ERRORS
-MAY OCCUR WHEN USING SOFTWARE IN A NAVIGATION SYSTEM FOR INSTANCE CAUSED BY LOCAL ENVIRONMENTAL
-CONDITIONS AND/OR INCOMPLETE DATA. Asamm DOES NOT WARRANT THAT THE SERVICES ARE CAPABLE OF
-INTEROPERATING WITH ANY OTHER SYSTEM, DEVICE OR PRODUCT (E.G. SOFTWARE OR HARDWARE).
-b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Asamm AND ITS SUPPLIERS PROVIDE THE SERVICES
+Asamm and third parties taking part in securing Your access to services ("Third Parties") bear no liability for the content of Third-Party websites, Third-Party services, any links present on such websites or in Third-Party services, and changes or updates of Third-Party websites or services delivered through the Software Product or by other means. Asamm (and, where applicable, specific Third Parties) provides You with such links and access to Third-Party websites and services solely for Your convenience, where the provision of any link or access is not to be construed as the endorsement of websites or software products of Third Parties by Asamm or by Third Parties. Any use of such links or Third-Party websites and the ways in which You use such links and Third-Party websites are Your sole responsibility and any action You take in connection therewith is taken at Your risk.
-“AS IS AND WITH ALL FAULTS”, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS,
+===== Full Agreement =====
-IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR
-CONDITIONS OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY,
-OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, WITH REGARD TO THE SERVICES, AND THE PROVISION
-OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT
-THROUGH THE SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES. ALSO, THERE IS NO WARRANTY OR
-CONDITION OF QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT WITH REGARD TO THE SERVICES.
-c) Asamm DRAWS user's ATTENTION TO THE FACT THAT, WHEN USING THE SERVICES, OBSERVING THE TRAFFIC
+This Agreement, including amendments and additions hereto that may be delivered together with the Software Product as well as any and all further terms and conditions, represents the full understanding between You and Asamm regarding the Software Product, and replaces and supersedes any and all past or current verbal and written communications, proposals, or declarations concerning the Software Product or any other subject dealt with under this Agreement. Insofar as any provisions of any policies of Asamm contravene the provisions of this Agreement, the provisions of this Agreement have higher priority. Any provision of this Agreement found to be invalid, ineffective, unenforceable, or unlawful will not prejudice the full validity and effect of other provisions hereof.
-REGULATIONS AND RULES (E.G. USE OF OBLIGATORY AND/OR REASONABLE AND SUITABLE SECURITY MEASURES,
-PROPER AND GENERALLY EXPECTED CARE AND ATTENTION IN THE GIVEN SITUATION, AND SPECIAL CARE AND
-ATTENTION DUE TO THE USE OF THE SERVICES) IS user's EXCLUSIVE RESPONSIBILITY. Asamm SHALL NOT ASSUME
-(AND HEREBY EXPRESSLY DISCLAIMS) ANY RESPONSIBILITY FOR ANY DAMAGES OCCURRED IN RELATION TO THE USE
-OF THE SERVICES IN A MOTOR OR NON-MOTOR VEHICLE.
-===== Limitation of Liability =====
-a) Neither Asamm nor its suppliers shall be liable (whether in contract, negligence or anything else) to user or to any third party; (i) for any
-inability to use any third party equipment or access data, loss of or corruption to data, loss of business, loss of profits, loss of revenue and
-anticipated savings, business interruption or the like (whether such loss or damage is direct or indirect); or (ii) for any indirect, incidental,
-consequential loss or damage whatsoever, in each case, arising out of the use of or inability to use the Services even if Asamm has been advised
-of the possibility of such loss or damages.
-b) Notwithstanding any damages that user might incur for any reason whatsoever (including, without limitation, all damages referenced herein
-and all direct or general damages in contract or anything else), the entire liability of Asamm and any of its suppliers arising from or related to
-this EULA shall be limited to the amount actually paid by user for the Services.
-===== Analytics =====
-The user is aware that the application uses analytic software Firebase analytics by Google for internal needs of its producer. The software can monitor and evaluate anonymously certain information about the user and used device. Such information is not stored, sent, shared nor used for advertisement purposes.
-===== Termination =====
-Without prejudice to any other rights, Asamm may immediately terminate this EULA if user fail to comply with any of its
+===== Translation =====
-terms and conditions. The provisions of this Agreement, which by their nature are intended to survive termination, will remain in effect after
-termination of this EULA. Asamm reserves the right, with or without notice, to discontinue update, upgrade and supplement services provided
-to user or made available to user through the use of the Services.
-===== Links to Third Party Sites =====
-Asamm and other third parties involved in making the Services available to user ("Third Parties") are not
+The Czech version of this Agreement (EULA) has priority. Where applicable, any translation is provided solely for the sake of convenience, and no such translation is legally binding.
-responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to
+===== Consumer Information =====
-third-party sites or services which are delivered by the Services or otherwise. Asamm (and, as applicable, each of the Third Parties) is providing
-these links and access to third-party sites and services to user only as a convenience, and the inclusion of any link or access does not imply an
-endorsement by Asamm or any Third Parties of the third-party site or service. Any use by user of such links or third party sites and the manner
-in which user use such third party sites and links shall be user's responsibility and at user's risk and user shall not use them in any illegal or
-fraudulent manner.
-===== Third Party Rights =====
- A party which is not a party to this EULA has no rights under applicable legislation in relation to the rights of
+The entity vested with the power to oversee out-of-court settlement of disputes arising under this Agreement is the Czech Trade Inspection Authority. You have the right to file a complaint with the Czech Trade Inspection Authority in connection with the performance of this Agreement or to demand the negotiation of an out-of-court settlement of a dispute with Asamm at Czech Trade Inspection Authority, Štěpánská 15, 120 00 Prague 2, Czech Republic. For additional information, visit coi.cz.
-third parties to rely upon or enforce any term of this EULA but that does not affect any right or remedy of a third party which exists or is
-available apart from such applicable legislation.
-===== Entire Agreement =====
-This EULA (including any addendum or amendment to it which may be supplied with the Services and any other
+Considering the nature of the Software Product, You do not have the right to withdraw from this Agreement. The cost of using remote communication means in the delivery of the Software Product are to be borne by You.
-terms and conditions, if applicable, is the entire agreement between user and Asamm relating to the Services and they supersede all prior or
+===== Choice of Law =====
-contemporaneous oral or written communications, proposals and representations with respect to the Services or any other subject matter covered
-by this EULA. To the extent that the terms of any Asamm policies conflict with the terms of this EULA, the terms of this EULA shall govern. If
-any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
-===== Translations =====
-The Czech version of this EULA is the controlling version. Any translations are provided for convenience only.
+This Agreement, including any and all disputes arising based on or in connection with this Agreement, including any non-contractual claims or disputes, is subject to the law of the Czech Republic. The arrangement laid down under this Agreement is not subject to the United Nations Convention on Contracts for the International Sale of Goods. Any and all disputes arising based on this Agreement, including any non-contractual claims or disputes, will be settled before courts in the Czech Republic, which will have exclusive jurisdiction over such disputes. Territorial jurisdiction derives from the registered office of Asamm.
-===== Governing Law =====
-This EULA and any disputes arising under or in connection with this EULA (including any non-contractual claims or
+If You have any questions regarding this Agreement, or if You wish to communicate with Asamm for another reason, visit the Asamm website at www.Asamm.com.
-disputes) are subject to Czech law. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from
-application to this EULA. All disputes arising out of this EULA (including any non-contractual claims or disputes) shall be settled by the Czech courts, which will have exclusive jurisdiction in respect of any such disputes.
-Should user have any questions concerning this EULA, or if user desire to contact Asamm for any reason, please visit Asamm’s website at
-[[http://www.Asamm.com|www.Asamm.com]].

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