2.1 You are given a
non-transferable, non-exclusive, non-sublicensable license to install and use the
Licensed Application on any Apple-branded/Google-branded Products that You
(End-User) own or control and as permitted by the Usage Rules set forth in this
section and the App Store Terms of Service, 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 Application provided by Licensor that replace, repair,
and/or supplement the first 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 Application available to third parties (unless to the degree
allowed by the Apple/Google Terms and Conditions, and with
Namaste Web Solutions LLC's prior written consent), sell, rent, lend, lease or
otherwise
redistribute the Application.
2
.
4 You may not reverse
engineer, translate, disassemble, integrate, decompile, integrate, remove, modify,
combine, create derivative works or updates of, adapt, or attempt to derive the
source code of the Application, or any part thereof (except with Namaste Web Solutions LLC's prior written consent).
2
.
5 You may not copy
(excluding when expressly authorized by this license and the Usage Rules) or alter
the 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 App
Store Terms of Service, 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.
2
.
6 Violations of the
obligations mentioned above, as well as the attempt of such infringement, may be
subject to prosecution and damages.
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.
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 Application, You
must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL
REQUIREMENTS
3.
1 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 Overview for this licensed
Application.
4.2
Namaste Web Solutions LLC
and the End-User acknowledge that Apple/Google has 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: http://www.primealtitude.com/app/policy.html
.
6. USER GENERATED
CONTRIBUTIONS
The 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 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 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 Application, and other users of the
Application to use your Contributions in any manner contemplated by the Application and these Terms of
Use.
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 Application and these Terms of Use.
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 these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these Terms of Use and may result in,
among other things, termination or suspension of your rights to use the Application.
7. CONTRIBUTION
LICENSE
By posting your Contributions to any part of the Application or making
Contributions accessible to the Application by linking your account from the 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 Application. You are solely responsible for your
Contributions to the 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 re-categorize any Contributions to place them in more
appropriate locations in the Application; and (3) to pre-screen 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's
responsibility in the case of violation of obligations and tort shall be limited to
intent and gross negligence. Only in case of a breach of essential contractual
duties (cardinal obligations), Licensor shall also be liable in case of slight
negligence. In any case, liability shall be limited to the foreseeable,
contractually typical damages. The limitation mentioned above does not apply to
injuries to life, limb, or health.
8
.2 Licensor takes no accountability or responsibility for any damages caused due to
a breach of duties according to Section 2 of this Agreement. To avoid data loss, You
are required to make use of backup functions of the 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 Application, You will not have access to
licensed Application.
9.
WARRANTY