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
BioDream LLC'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 BioDream 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 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. 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 or Play Store Overview for this Licensed Application.
4.2 BioDream LLC 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 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: #.
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 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 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 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 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
By
posting your Contributions to any part of the Licensed Application or
making Contributions accessible to the Licensed Application by linking
your account from the Licensed 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 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.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize
any Contributions to place them in more appropriate locations in the
Licensed Application; and (3) to prescreen 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 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.
8.3 Licensor takes no accountability and responsibility in case of Any
reliance on AI-generated content, including but not limited to
emotional, psychological, medical, legal, or financial guidance. The
Application is for entertainment only and AI responses do not constitute
professional advice of any kind..
9. WARRANTY