ENGLISH
EULA
PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS
WEBSITE.
This end-user licence agreement ("EULA") is a legal agreement between
you ("End-user" or "you") and UAB Topkodas registered at UAB
Topkodas registered at Sniego g. 19, Giraites k.
Kauno
r., LT-54311, Lithuania ("Licensor", "us" or
"we") for:
"SERANOVA" mobile application software ("App") We licence
use of the App to you on the basis of this EULA and subject to any rules or
policies applied by any appstore provider or operator from whose site the
End-user downloaded the App ("Appstore Rules"). We do not sell the
App to you. We remain the owners of the App at all times.
Operating system requirements. This App requires a device meeting minimum
requirements as set out on the appstore.
Important notice:
By downloading and installing the App you agree to the terms of the licence
which will bind you. You will be asked to confirm your acceptance of the terms
when you first run the App. The terms of the licence include, in particular,
the privacy policy defined in condition 1.5 and limitations on liability in
condition 7.
If you do not agree to the terms of this licence, we will not license the App
to you and you must not download or install the App. If you do not accept the
App terms when you first run the App you should uninstall it.
If you are a consumer, you have the right to withdraw from this agreement
without any reason before downloading the App. However, you will lose the right
to cancel this agreement once you begin to download or stream the App.
This does not affect your consumer rights for an app that is defective.
IT IS AGREED as follows:
1 ACKNOWLEDGEMENTS
1.1 The terms of this EULA apply to the App or any of the services accessible
through the App ("Services"), including any updates or supplements to
the App or any Service, unless they come with separate terms, in which case
those terms apply. If any open-source software is included in the App or any
Service, the terms of an open-source licence may override some of the terms of
this EULA.
1.2 We may change these terms at any time notifying you of a change when you
next start the App or log onto one of the websites referred to in condition
1.6. The new terms may be displayed on-screen and you may be required to read
and accept them to continue your use of the Services.
1.3 From time to time updates to the App may be issued through the Appstore.
Depending on the update, you may not be able to use the Services until you have
downloaded or streamed the latest version of the App and accepted any new
terms.
1.4 You will be assumed to have obtained permission from the owners of the
mobile phone or handheld devices that are controlled, but not owned, by you and
described in condition 2.2.1 ("Devices") and to download or stream a
copy of the App onto the Devices. You and they may be charged by your and their
service providers for internet access on the Devices. You accept responsibility
in accordance with the terms of this EULA for the use of the App or any Service
on or in relation to any Device, whether or not it is owned by you.
1.5 The terms of our privacy policy, available at https://topkodas.lt/privacy-policy
("Privacy Policy"), are incorporated into this EULA by reference and
apply to those Services that are not specified in condition 1.6 as having
separate privacy policies. Additionally, by using the App or any Service, you
acknowledge and agree that internet transmissions are never completely private
or secure. You understand that any message or information you send using the
App or any Service may be read or intercepted by others, even if there is a
special notice that a particular transmission is encrypted.
1.6 Depending on the set up of your security system you may have access to https://seranova.eu
Additional terms may apply to the use of the cloud interface and where
applicable such terms are incorporated into this EULA by reference.
1.7 By using the App or any of the Services, you consent to us collecting and
using technical information about the Devices and related software, hardware
and peripherals for Services that are internet-based or wireless to improve our
products and to provide any Services to you.
1.8 The App or any Service may contain links to other independent third-party
websites ("Third-party Sites"). Third-party Sites are not under our
control, and we are not responsible for and do not endorse their content or
their privacy policies (if any). You will need to make your own independent
judgement regarding your interaction with any Third-party Sites, including the
purchase and use of any products or services accessible through them.
1.9 Any words following the terms including, include, in particular or for
example or any similar phrase shall be construed as illustrative and shall not
limit the generality of the related general words.
2 GRANT AND SCOPE OF LICENCE
2.1 In consideration of you agreeing to abide by the terms of this EULA, we
grant you a non-transferable, non-exclusive licence to use the App on the
Devices, subject to these terms, the Privacy Policy and the Appstore Rules,
incorporated into this EULA by reference. We reserve all other rights.
2.2 You may:
2.2.1 download or stream a copy of the App onto Devices and to view, use and
display the App on the Devices for your personal purposes only; and
2.2.2 use any supporting documents we provide from time to time
("Documents") to support your use of the App only.
3 LICENCE RESTRICTIONS
3.1 Except as expressly set out in this EULA or as permitted by any local law,
you agree:
3.1.1 not to copy the App or Documents except where such copying is incidental
to normal use of the App, or where it is necessary for the purpose of back-up
or operational security;
3.1.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or
modify the App or Documents;
3.1.3 not to make alterations to, or modifications of, the whole or any part of
the App, or permit the App or any part of it to be combined with, or become
incorporated in, any other programs;
3.1.4 not to disassemble, decompile, reverse-engineer or create derivative
works based on the whole or any part of the App or attempt to do any such thing
except to the extent that (by virtue of section 296A of the Copyright, Designs
and Patents Act 1988) such actions cannot be prohibited because they are
essential for the purpose of achieving inter-operability of the App with
another software program, and provided that the information obtained by you
during such activities:
3.1.4.1 is used only for the purpose of achieving inter-operability of the App
with another software program;
3.1.4.2 is not unnecessarily disclosed or communicated without our prior
written consent to any third party; and
3.1.4.3 is not used to create any software that is substantially similar to the
App;
3.1.5 to keep all copies of the App secure and to maintain accurate and
up-to-date records of the number and locations of all copies of the App;
3.1.6 to include our copyright notice on all entire and partial copies you make
of the App on any medium;
3.1.7 not to provide or otherwise make available the App in whole or in part
(including object and source code), in any form to any person without prior
written consent from us (without prejudice to your ability to recommend that
they download it from an Appstore); and
3.1.8 to comply with all technology control or export laws and regulations that
apply to the technology used or supported by the App or any Service
("Technology"),
together "Licence Restrictions".
3.2 The App contains open source software. Details of this can be found in the
Appendix at the end of this EULA.
4 ACCEPTABLE USE RESTRICTIONS
4.1 You must:
4.1.1 not use the App or any Service in any unlawful manner, for any unlawful
purpose, or in any manner inconsistent with this EULA, or act fraudulently or
maliciously, for example, by hacking into or inserting malicious code,
including viruses, or harmful data, into the App, any Service or any operating
system;
4.1.2 not infringe our intellectual property rights or those of any third party
in relation to your use of the App or any Service (to the extent that such use
is not licensed by this EULA);
4.1.3 not transmit any material that is defamatory, offensive or otherwise
objectionable in relation to your use of the App or any Service;
4.1.4 not use the App or any Service in a way that could damage, disable,
overburden, impair or compromise our systems or security or interfere with
other users; and
4.1.5 not collect or harvest any information or data from any Service or our
systems or attempt to decipher any transmissions to or from the servers running
any Service.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge that all intellectual property rights in the App, any
Documents and the Technology anywhere in the world belong to us or our
licensors, that rights in the App are licensed (not sold) to you, and that you
have no rights in, or to, the App, any Documents or the Technology other than
the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the App in
source-code form.
6 LIMITED WARRANTY
6.1 We warrant that:
6.1.1 the App will, when properly used and on an operating system for which it
was designed, perform substantially in accordance with the functions described
in the appstore description;
for a period of 6 months from the date on which the App is downloaded or
streamed to the Devices ("Warranty Period").
6.2 If within the Warranty Period you notify us in writing of any defect or fault
in the App as a result of which it fails to perform substantially in accordance
with such description, we will use our reasonable endeavours to rectify the
defect or fault or, where this is not possible (or, if you are a consumer, at
your request), refund any sums paid by you for the App.
6.3 The warranty does not apply:
6.3.1 if the defect or fault in the App or any Service results from you having
amended the App;
6.3.2 if the defect or fault in the App results from you having used the App in
contravention of the terms of this EULA;
6.3.3 if you breach any of the Licence Restrictions or the Acceptable Use
Restrictions.
6.4 This warranty is in addition to your legal rights in relation to software
that is faulty or not as described. Advice about your legal rights is available
from your local Citizens Advice Bureau or Trading Standards office. Nothing in
this licence affects your rights as a consumer.
7 LIMITATION OF LIABILITY
7.1 You acknowledge that the App has not been developed to meet your individual
requirements, and that it is therefore your responsibility to ensure that the
facilities and functions of the App meet your requirements.
7.2 Where you download the App as a consumer you agree not to use the App and
any Documents for any commercial, business or resale purposes. We are only
responsible for loss or damage you suffer that is a foreseeable result of our
breach of this EULA or our negligence but we are not responsible for any
unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious
consequence of our breach or if they were contemplated by you and us at the
time we granted you the EULA
7.3 Where you download the App for business use, we have no liability to you
for any loss of profit, loss of business, business interruption, or loss of
business opportunity and our maximum aggregate liability under or in connection
with this EULA (including your use of any Services) whether in contract, tort
(including negligence) or otherwise, shall in all circumstances be limited to
50 EUR.
7.4
In relation to open source software, no contributor or licensor of such
software shall have any liability to you. In no event shall the authors or
copyright holders be liable for any claim, damages or other liability, whether
in an action of contract, tort or otherwise, arising from, out of or in
connection with the open source software or the use or other dealings in the
software.
8 TERMINATION
8.1 We may terminate this EULA immediately by written notice to you:
8.1.1 if you commit a material or persistent breach of this EULA which you fail
to remedy (if remediable) within 14 days after the service of written notice
requiring you to do so;
8.1.2 if you breach any of the Licence Restrictions or the Acceptable Use
Restrictions.
8.2 On termination for any reason:
8.2.1 all rights granted to you under this EULA shall cease;
8.2.2 you must immediately cease all activities authorised by this EULA,
including your use of any Services;
8.2.3 you must immediately delete or remove the App from all Devices, and
immediately destroy all copies of the App and any Documents then in your
possession, custody or control and certify to us that you have done so.
8.3 We may also cease to provide updates or continue supporting the App. In
this situation you are entitled to continue using the App or any Documents but
acknowledge that no further updates will be made available.
9 COMMUNICATION BETWEEN US
9.1 If you wish to contact us in writing, or if any condition in this EULA
requires you to give us notice in writing, you can send this to us by e-mail or
by prepaid post to UAB Topkodas at UAB Topkodas Sniego g. 19, Giraites k. Kauno
r., LT-54311, Lithuania or info@topkodas.lt. We will confirm
receipt of this by contacting you in writing, normally by e-mail.
9.2 If we have to contact you or give you notice in writing, we will usually
include notifications within the App although we may contact you by other means
where we believe that you are in breach of the terms of this licence.
10 EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay
in performance of, any of our obligations under this EULA that is caused by any
act or event beyond our reasonable control, including failure of public or
private telecommunications networks ("Event Outside Our Control").
10.2 If an Event Outside Our Control takes place that affects the performance
of our obligations under this EULA:
10.2.1 our obligations under this EULA will be suspended and the time for
performance of our obligations will be extended for the duration of the Event
Outside Our Control; and
10.2.2 we will use our reasonable endeavours to find a solution by which our
obligations under this EULA may be performed despite the Event Outside Our
Control.
11 OTHER IMPORTANT TERMS
11.1 We may transfer our rights and obligations under this EULA to another
organisation, but this will not affect your rights or our obligations under
this EULA.
11.2 You may only transfer your rights or obligations under this EULA to
another person if we agree in writing.
11.3 If we fail to insist that you perform any of your obligations under this
EULA, or if we do not enforce our rights against you, or if we delay in doing
so, that will not mean that we have waived our rights against you and will not
mean that you do not have to comply with those obligations. If we do waive a
default by you, we will only do so in writing, and that will not mean that we
will automatically waive any later default by you.
11.4 Each of the conditions of this EULA operates separately. If any court or
competent authority decides that any of them are unlawful or unenforceable, the
remaining conditions will remain in full force and effect.
11.5 Please note that this EULA, its subject matter and its formation, are
governed by the laws of Lithuania. You and we both agree that the courts of
Lithuania will have non-exclusive jurisdiction