End-Use License Agreement – EULA

The enactment date: 11.11.2020

 

This agreement is the end-user software licensing agreement (hereinafter referred to as this "Agreement") between You (an individual, company or any other entity) and the GUI-O Team (hereinafter referred to as "Company") for the use of GUI-O application (hereinafter referred to as "Application"). The Application is licensed, not sold, by opening, downloading, installing, copying, or otherwise using the Application, and any other materials included with the Application, You agree to be bound by the terms of this Agreement with the Company.

 

Please read this Agreement carefully before downloading or using the Application. By downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not download or use the Application.

 

 

1 - A license granting clause

 

In SHORT: Here we state that we are offering a license and not property rights.

 

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, right to install and use the Application on a single Android device owned and controlled by You and to access and use the Application on such Android devices strictly in accordance with the terms and conditions of the Agreement and solely for your personal and non-commercial use.

 

The Application cannot be used for any other purpose. Except as otherwise expressly permitted.

 

 

2 - A restrictions on use clause

 

In SHORT: Here we specify what You are not allowed to do with GUI-O app.

 

You shall use the Application and Application intellectual property strictly in accordance with the terms of this Agreement.

 

Without the Company's prior written consent or unless otherwise expressly permitted by applicable law You shall not, nor allow any other person to:

a) Decompile, reverse engineer, disassemble all or a portion of the Application, attempt to derive the source code of, or decrypt the Application:

b) Modify, adapt, improve, translate or derivative work from Application;

c) Facilitate criminal activity, violate any applicable laws, rules or regulations in connection with Your access or use of the Application;

d) Remove, alter or obscure any proprietary notice (incl. any copyright notice or trademark);

e) Use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

f) Install, use or permit  the Application to exist on more than one mobile device at a time or on any other mobile device or computer;

g) Distribute the Application to multiple mobile devices;

h) Make the Application available over the network or other environment permitting access or use by multiple mobile devices or users at the same time;

i) Use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute  for any services, product

or software offered by the Company;

j) Use the Application to send automated queries to any website or to send any unsolicited commercial e-mail;

k) Use any proprietary information or interfaces of the Company or other intellectual property of the Company in the design, development, manufacture, licensing

or distribution of any applications, accessories or devices for use with the Application.

 

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

 

 

 

3 - Copyright infringement and intellectual property clause

 

In SHORT: Here we state that our intellectual property (software, documentation, logos and trademarks) is protected under copyright law.

 

All title, ownership rights and intellectual property rights in and to the Application (including, without limitation, all text, graphics, all messages or items of information, slogans, diagrams, concepts, domain names and any other elements which are part of the Application (including website, manuals), individually or in combination) and any copies thereof are owned by the Company.  The Application is protected by the national and international copyright laws, international copyright treaties/conventions, as well as other intellectual property laws and treaties. The Application is licensed, not sold. All of the Company's Intellectual Property Rights are and shall remain the exclusive property of the Company.

Ownership of Licensee (You): All the Licensee's Intellectual Property Rights are and shall remain the exclusive property of the Licensee or its licensors respectively.

 

 

4 - A termination of licensing clause

 

In SHORT: We can terminate the Agreement at any time if You breach this Agreement.

 

This Agreement is effective from the first date You install the Application. Company may, in its sole and absolute discretion, at any time and for no reason suspend or terminate this Agreement, with or without prior notice. If You fail to comply with any provision of this Agreement, then this Agreement and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by the Company. Once it is terminated, You must stop using the Application and delete all associated materials already copied and/or installed on your android device immediately.

You may terminate this Agreement at any time by permanently deleting, destroying and returning, at your own cost, the Application, all backup copies and all related materials provided by Application.

 

 

5 - Warranty disclaimer

 

In SHORT: Here we state that the app is made available "as is" and that if an end user is not happy with the app, we are not responsible for improving the app to satisfy the end user.

 

You acknowledge and agree that the Application is provided on an "as is" and "as available" basis without warranty of any kind, express or implied, and to the maximum extent permitted by applicable law.

We do not make any representations or warranties, express or implied, including but not limited to the warranties of merchantability, satisfactory quality, accuracy, fitness for a particular purpose, quiet enjoyment, and non-infringement of 3rd-party rights. There is no warranty by the Company that the functions contained in the Application will meet your requirements or that the operation of the Application will be uninterrupted, secure or error-free.

You are solely responsible for determining whether this Application is compatible with your equipment and other software installed on your equipment. You are also solely responsible for the protection of your equipment and backup of your data and risk for the selecting of the Application to achieve Your intended results and for the installation, use and results obtained from it.

 

 

6 - Limitation of liability

 

In SHORT: Here we state that we are not held responsible for any damages that arise out of the use of the app.

 

To the fullest extent of applicable law, Company shall not be liable for special, incidental or consequential damages resulting for possession, use, or malfunction of the Application, including, but not limited to, damages of property, loss of goodwill, computer failure or malfunction, and, to the extent permitted by law, damages for personal injuries, property damage, or lost profits or punitive damages from any causes of action arising out of or related to this Agreement or the Application

 

 

7 - Governing law

 

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement is entered into in Slovenia, Europe and shall be governed by construed and interpreted in accordance with the laws of Slovenia, Europe. For any disputes, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof shall be finally settled by arbitration in accordance with the The Arbitration Rules of the Ljubljana Arbitration Centre at the Chamber of Commerce and Industry of Slovenia (the Ljubljana Arbitration Rules).

The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

 

 

8 - Contact Info

 

If you have any questions about these terms or our Services you may contact us by email at info.guio.app@gmail.com.

9 - Related Agreements

 

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