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
Direct Natural Alternatives Inc.'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
Direct Natural Alternatives Inc.'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 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.
2 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.
3 Licensor reserves
the right to modify the technical specifications as it sees appropriate at any
time.
4. NO MAINTENANCE OR
SUPPORT
4.1 Direct Natural Alternatives Inc. is not obligated,
expressed or implied, to provide any maintenance, technical or other support for the
Licensed Application.
4.2
Direct Natural Alternatives Inc.
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 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 does not offer users to
submit or post content. We 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 in
accordance with the Licensed Application Privacy Policy. 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
You agree that we may access, store, process, and use any information and
personal data that you provide following the terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions of other feedback regarding the Licensed Application,
you agree that we can use and share such feedback for any purpose without compensation to you.
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.
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.
9.
WARRANTY