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TERMS AND CONDITIONS
ALPConnect © Essedum d.o.o. 2021
END USER LICENSE AGREEMENT
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING AND USING THIS APPLICATION. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ESSEDUM D.O.O. IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS, CLICK THE “I AGREE” BUTTON AT THE END OF THIS AGREEMENT. BY CLICKING “I AGREE”, OR BY DOWNLOADING, USING OR COPYING ANY PART OF THIS APPLICATION, YOU ARE AGREEING TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD OR USE THIS APPLICATION.
By downloading, installing or using this application or any portion thereof (here after referered to as “Application”), that is copyrighted to Essedum d.o.o. (“Essedum”), you agree to the following terms and conditions (the “Terms and Conditions”).
1. USE OF APPLICATION
a. Essedum grants you the non-exclusive, non-transferable, limited right and license to install and use this Application solely and exclusively for your personal use.
b. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
c. You agree that you are solely responsible for (and that Essedum has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the Terms and Conditions, and for the consequences (including any loss or damage which Essedum may suffer) of any such breach.
d. You will drive safely and responsibly, obey all traffic laws at all times, and be aware of, and comply with, the relevant jurisdiction's limitations on the use of this Application while driving.
2. PROPRIETARY RIGHTS
You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Essedum and/or third parties own all right, title and interest in and to the Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application, (iii) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Essedum’s or any third party™s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
It is your sole responsibility to practice safe driving by placing, securing and using your smartphone/computer running ALPConnect in a way that will not cause accidents, injury or property damage. Mount the smartphone/computer in a position that does not obstruct the driver's view. Do not mount the smartphone/computer in a way that may interfere with the operation of the vehicle, the deployment of air bags or other safety equipment. Do not operate the smartphone/computer while driving. ALPConnect app. is designed to work in conjunction with the ALPriority multipurpose laser system product over a wireless connection. It presents Parking Distance Control alerts and can also alert you to locations of safety cameras, which will enable you to monitor your speed through these areas. Essedum does not warrant that you will be alerted to Parking Distance Control alerts and/or safety camera location in all cases, as many factors determine the performance of the system. Essedum does not condone speeding or any other failure to comply with your local traffic laws. It is your responsibility to drive within the posted speed limit at all times and to drive carefully. Essedum accepts NO liability whatsoever from you receiving any speeding fines or points on your license through using this device. Essedum accepts NO liability whatsoever from wrong, absent or otherwise incorrect Parking Distance Control alerts given by this device. In the event you receive a fine or any other penalty for speeding or contravention of any traffic laws, or are involved in an accident, Essedum is not responsible for any damages of any type.
4. EXPORT RESTRICTIONS
The Application may be subject to export controls or restrictions of the jurisdiction in which the Application was obtained. You agree to comply with all applicable international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
These Terms and Conditions will continue to apply until terminated by either you or Essedum as set forth below. You may terminate these Terms and Conditions at any time by permanently deleting the Application from your mobile device in its entirety. Your rights automatically and immediately terminate without notice from Essedum or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Application.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Essedum, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Application, including your downloading, installation, or use of the Application, or your violation of these Terms and Conditions.
8. DISCLAIMER OF WARRANTIES
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.
b. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
c. ESSEDUM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.
d. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ESSEDUM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APPLICATION, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR MOBILE DEVICE, WHETHER OR NOT ESSEDUM OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
a. These Terms and Conditions constitute the entire Agreement between you and Essedum relating to the Application and govern your use of the Application, and completely replace any prior or contemporaneous agreements between you and Essedum regarding the Application.
b. The failure of Essedum to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to Essedum.
c. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
d. The rights granted in these Terms and Conditions may not be assigned or transferred by either you or Essedum without the prior written approval of the other party. Neither you nor Essedum are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.
e. These Terms and Conditions and your relationship with Essedum under these Terms and Conditions will be governed by the laws of the Croatia without regard to its conflict of laws provisions. You and Essedum agree to submit to the exclusive jurisdiction of the courts located within the county of Zagreb, Croatia to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, you agree that Essedum will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.