End User License Agreement for Mobile Applications

This End User License Agreement (“Agreement”) governs your use of any software application (“Application”) for mobile devices that was created by MetaCtrl s.r.o., Tynska 1053/21, Praha 1, 11000, Czech Republic (“MetaCtrl”). By using the Application, you agree to be bound by the terms and conditions of this Agreement.

1. License

By receiving, installing, and/or using the Application, you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by MetaCtrl your use of the Application indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, MetaCtrl grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use the Application in accordance with this Agreement and any other written agreement with MetaCtrl. MetaCtrl does not transfer the title of the Application to you; the license granted to you is not a sale. This agreement is a binding legal agreement between MetaCtrl and the purchasers or users of the Application.

If you do not agree to be bound by this agreement, remove the Application from your devices now and, if applicable, promptly return to MetaCtrl by mail any copies of the Application and related documentation and packaging in your possession.

MetaCtrl may provide you with support services related to the Application (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the Application and subject to the terms and conditions of this EULA.

2. Distribution

The Application and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of the Application contact MetaCtrl.

3. User Agreement

3.1 Use

Your license to use the Application is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of the Application.

3.2 Use Restrictions

You shall use the Application in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of the Application together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

This Application contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile the Application. Nor can you create any derivative works or other works that are based upon or derived from the Application in whole or in part.

MetaCtrl’s name, logo and graphics file that represents the Application shall not be used in any way to promote products developed with the Application. MetaCtrl retains sole and exclusive ownership of all right, title and interest in and to the Application and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of the Application, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for MetaCtrl.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend MetaCtrl, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of MetaCtrl’s Application.

In no event (including, without limitation, in the event of negligence) will MetaCtrl, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Application or the use or inability to use the Application or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

MetaCtrl’s entire liability, without exception, is limited to the customers’ reimbursement of the purchase price of the Application (maximum being the lesser of the amount paid by you and the suggested retail price as listed by MetaCtrl) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to MetaCtrl.

MetaCtrl shall have no liability with respect to the content of the Application or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

3.5 Governing Law

This Agreement shall be governed by the law of the Czech Republic applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of the Czech Republic therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.6 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Application and destroy all copies of the Application supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

EXCEPT AS EXPRESSLY STATED IN WRITING, METACTRL MAKES NO REPRESENTATION OR WARRANTIES IN RESPECT OF THIS SOFTWARE AND EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

THE APPLICATION IS PROVIDED ‘AS IS’ WITHOUT ANY WARRANTY OF ANY KIND. METACTRL DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE APPLICATION. METACTRL MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. METACTRL FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO AUTHORIZED USERS OR TO ANY THIRD PARTY.

You agree that MetaCtrl may collect and use information gathered in any manner related to the Application as set forth in the Privacy Policy. MetaCtrl may also use this information to provide notices to you which may be of use or interest to you.

Last revision: June 27, 2019