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 The Trinity Room LLC "Mass.ai" '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 The Trinity Room LLC "Mass.ai" '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 __________ 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 The Trinity Room LLC "Mass.ai" 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: https://notice.mass.ai.
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.
8.2 Licensor takes no accountability and responsibility in case of 1. Content Disclaimer 1.1. The Company provides this software/platform (the "Software/Platform" "MASS.AI or MASSCONTENT.AI") for the purpose of facilitating content creation and distribution by end users. The Company does not endorse, verify, or assume responsibility for the accuracy, legality, or quality of user-generated content..
8.3 Licensor takes no accountability and responsibility in case of 1.2. End users of the Software/Platform "MASS.AI or MASSCONTENT.AI" are solely responsible for the content they create, distribute, or otherwise make available through the Software/Platform. The Company disclaims all liability for any consequences arising from user-generated content..
8.4 Licensor takes no accountability and responsibility in case of 2. Indemnification 2.1. Users agree to indemnify and hold the Company, its officers, directors, employees, and affiliates harmless from any claims, damages, or liabilities, including legal fees, arising from their use of the Software/Platform "MASS.AI or MASSCONTENT.AI" and any content they create or distribute through it..
8.5 Licensor takes no accountability and responsibility in case of 3. Limitation of Liability 3.1. To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect, consequential, special, or punitive damages, or for any loss of profits or revenues, arising out of or related to the use or inability to use the Software/Platform "MASS.AI or MASSCONTENT.AI" ..
8.6 Licensor takes no accountability and responsibility in case of 3.2. The total liability of the Company for any claim arising out of or relating to the Software/Platform "MASS.AI or MASSCONTENT.AI" shall be limited to the fees paid by the user for the use of the Software/Platform during the twelve (12) months preceding the event giving rise to the claim..
8.7 Licensor takes no accountability and responsibility in case of 4. Force Majeure 4.1. The Company shall not be liable for any failure to perform its obligations under this EULA or for any delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of nature, government actions, or unforeseen technical issues..
8.8 Licensor takes no accountability and responsibility in case of 5. No Warranty 5.1. The Software/Platform "MASS.AI or MASSCONTENT.AI" is provided "as-is" and without any warranties, express or implied. The Company disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement..
8.9 Licensor takes no accountability and responsibility in case of 6. Termination 6.1. The Company reserves the right to terminate or suspend user accounts or access to the Software/Platform "MASS.AI or MASSCONTENT.AI" without notice in the event of a violation of this EULA or for any other reason deemed necessary by the Company..
8.10 Licensor takes no accountability and responsibility in case of 7. Governing Law and Jurisdiction 7.1. Any disputes arising out of or in connection with this EULA shall be resolved in accordance with the governing law and jurisdiction provisions as set forth in [Governing Law and Jurisdiction Section]..
8.11 Licensor takes no accountability and responsibility in case of 8. Amendment 8.1. The Company reserves the right to amend this EULA at any time by providing notice to users. Continued use of the Software/Platform after such amendments constitutes acceptance of the updated terms..
8.12 Licensor takes no accountability and responsibility in case of 9. User Acknowledgment 9.1. By using the Software/Platform "MASS.AI or MASSCONTENT.AI" , users acknowledge that they have read, understood, and agreed to the terms and conditions of this EULA..
9. WARRANTY