MOBILESITTER for Android END USER LICENSE AGREEMENT
0. The MobileSitter for Android Application is licensed to Licensee (hereinafter: Licensee) by MobileSitter GmbH, located at Rheinstrasse 75, 64295 Darmstadt, Germany (hereinafter: Licensor) for use only according to the terms of this license agreement.
The current version of this license agreement is available over the internet at http://www.mobilesitter.de/android/eula_en.php
The Mobile Sitter for Android – application software (hereinafter: Application) has been developed for mobile devices with the Android operating system and is offered for download over the Google Play Store (hereinafter: Google Play)
By downloading the Application from Google Play, Licensee declares legally its acceptance of the terms and conditions of this license agreement and confirms to be 18 years up.
Licensee declares its consent that Licensor is entitled to file Licensee’s personal data provided under this license agreement. Licensor shall be entitled to use such data only for the administration of this license agreement. Licensee shall protect such data from any access by unauthorized third party.
The parties of this license agreement acknowledge that Google Inc. as the operator of Google Play is not a party to this license agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof.
Licensor reserves all rights not expressly granted to Licensee under this license agreement.
1. Short description of the Application
The Application is a software created for the management of personal secrets - such as passwords, PINs and TANs - and customized for mobile devices with Android operation systems. It is used to encrypt personal secrets by means of a master password exclusively known to the user which is also used for later decryption of the personal secrets. This master password will not be known to, filed or saved by the Licensor. Accordingly Licensee shall solely be responsible for the safekeeping of the master password.
However, the Application offers the functionality of storing the personal secrets in encrypted form and to export them to other devices as a backup copy of such data.
2. Scope of License
2.1 Licensor grants a non-exclusive, non-sublicensable, non-transferable right to Licensee to install and use the Application on mobile devices under an Android operation system that is owned or controlled by Licensee and is supported by the Application as permitted by the Google Play Terms of Service. Licensee’s right of use is restricted to its own private, non-commercial purposes. The right of use granted under this license agreement shall cover in particular the permanent or temporary, complete or partial reproduction of the Application through saving, loading, displaying or running it for the purpose of executing the Application on Licensee’s mobile device which supports the Application. The right to re-installation of the Application as permitted under the Google Play Terms of Service is restricted to the same mobile device.
2.2 This license agreement also governs any updates or upgrades of the Application released by Licensor as replacement and/or supplement of the original Application, unless such update or upgrade is not subject to a separate license agreement which will prevail. Licensee declares its acceptance of such license governance by downloading an update or upgrade of the Application. Licensor is under no obligation to develop and/or release any update or upgrade.
2.3 Licensee shall not pass on, lend, rent, lease, sell or otherwise redistribute the Application to any third party.
Licensee shall not decompile, reverse engineer, disassemble, translate, integrate, adapt,
create derivative works or updates of, or attempt to derive the source code of the Application, or any part thereof.
2.4 Licensee shall not copy (except as expressly permitted by this license agreement and the Google Play Terms of Service) or modify the Application or parts thereof. Licensee may create and file a backup cop only on devices that Licensee owns or controls for backup purposes in accordance with the terms of this license agreement, the Google Play Terms of Service and any other terms and conditions that apply to the mobile device or software used. Licensee commits itself to ensure that no unauthorized third party may access to the Application and these backup copies at any time.
2.5 Violations of Licensee’s aforementioned obligations as well as the attempt of such violation shall be subject to prosecution and damage claims.
2.6 Licensor reserves the right to modify the terms and conditions of this license agreement and will announce such modifications on its website (http://www.mobilesitter.de/android/eula_en.php). Licensee shall be obliged to check the website on regular intervals as Licensor is under no obligation to inform Licensee of such modifications individually.
2.7 Nothing in this license agreement is intended to restrict any third party rights. Licensee shall ensure that third party rights shall not be affected or infringed by its use of the Application.
2.8 This license agreement does not generate any obligation for Licensor to create or maintain services that run outside of the Application.
2.9 In case Licensee is interested in a commercial use of the Application or a use that is otherwise not covered by this license agreement, Licensee may contact the point of contact indicated in Section 9 in order to obtain information regarding possible terms and conditions of an additional license agreement.
2.10 Licensee’s right to cancel the purchase of the Application within 15 minutes after the latter’s download according to the Google Play Terms of Service remains unaffected by this license agreement which will, however, be applicable to this period of time. Licensee’s right of use under this license agreement shall terminate immediately in case of Licensee’s cancellation of the purchase.
3. Technical Requirements
3.1. The Application has been designed for the use on mobile devices under the Android operating system version 4.0. The Application requires such or a later version of the Android operating system. A specification of the actual hardware requirements for the mobile devices is available in the description of the Application in Google Play. The installation and use of the Application on mobile devices other than those specified in section 3.1 sentences 1 and 2 is at Licensee’s sole risk and responsibility. Licensee acknowledges that Licensor is unable to ensure that the Application is or will remain executable as a result of modifications to the mobile device or to other software that is installed on the mobile device. Licensor shall not be liable if Licensee installs or runs the Application on a prior version of the Android operating system. Licensee’s use of the latest version of the Android operating system is recommended.
Even though Licensor endeavors to keep the Application updated so that it complies with modified/new versions of the Android operating system and mobile devices, Licensee shall have no right to claim such updates.
3.2 A valid email account on Licensee’s mobile device will be required in order to use the data securing feature for keeping backup copies of the personal secrets. It is Licensee’s obligation to set up such requirements and to bear the corresponding costs (if any).
3.3 Licensee acknowledges that it is its responsibility to verify and ascertain that the mobile device on which Licensee intends to use the Application is meeting the technical requirements mentioned above.
3.4 Licensor shall not be liable if future modifications to the Android operation system might affect the Application’s functionalities.
4. Updates and Application versions for other mobile devices using the Android operation system
4.1 Licensor will use reasonable endeavors to generate and release updates and Application versions for mobile devices which are not yet supported by the Application but which might be considered relevant. However, Licensor will decide upon such releases at its sole discretion.
4.2 Updates and versions of the Application for other mobile devices using the Android operation system - if any - will be made available for download through Google Play.
5. Licensee’s obligations regarding data backup in case of possible software conflicts
Licensee shall use reasonable efforts to check if there might be conflicts with existing software on its mobile devices with the Application before the latter’s installation. Licensee shall make backup copies of all of its data before the first installation of the Application and shall repeat such backup procedures in regular intervals in order to exclude/reduce the possibility of data losses resulting from software malfunction.
6.1 Licensor warrants that the Application is free of viruses, trojan horses, spyware or any other malware at the time of Licensee’ download, however Licensor does not take any liability in case the Google Play operating system software might have a defect. Licensor also warrants that the Application has the essential functionalities as described in the user documentation, however always provided that the Application is executable on the device, has not been modified, has not been installed or combined with by other incompatible software and provided that no other reasons within Licensee’s sphere of influence affect the executability of the Application.
Licensee is obliged to examine the Application immediately after its installing and to report any defects discovered without delay by e--mail or letter to the contact address provided under Section 9. Claims due to obvious defects can only be made if the defects are reported to the Licensor within a period of 14 days after discovery. The report is considered as being in due time if it has been mailed within this period.
6.2 If the Application proves to be defective, Licensor shall first be given the opportunity to supplementary performance -- depending on the nature of the defect and other circumstances also repeatedly -- either by means of remedying the defect or by providing another version of the Application.
6.3 In the event of any failure of the Application to conform to any applicable warranty, Licensor will refund the purchase price for the Application to Licensee, either directly or via Google Play. Licensee’s right to use the Application shall terminate in case of its receipt of the refund and Licensee shall be obliged to delete the Application and any backup copies permanently.
Google Play shall take no warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs and expenses attributable to any failure to conform to any warranty as Google Play only operates as the distribution platform.
6.4 Licensor’s warranty is excluded in the case that faults or defects are caused by unauthorized modification of the Application, by inappropriate or culpable handling, by combination with inappropriate hard-- or software, or by use of inappropriate accessories, regardless if done by Licensee or by any third party.
Claims for damages on account of defects of the Application can only be made under the conditions listed in Section 7.
6.5 If Licensee is an entrepreneur, any warranty claim shall expire after a statutory period of limitation amounting to 12 months after the Application has been provided to the Licensee. If Licensee is a consumer the statutory periods of limitation according to law shall apply.
7.1 Licensor's liability in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in cases of product liability, personal damages or violation of essential contractual obligations (cardinal obligations) Licensor shall also be liable for damages resulting from slight negligence. In any case, Licensor’s liability shall be limited to the foreseeable, contractually typical damages. These limitations of liability shall apply also to Licensor’s agents (if any).
7.2 Licensee acknowledges to be solely responsible to safeguard the master password as it is technically impossible to recover the master password by the Application or by the Licensor. Accordingly the personal secrets encrypted will not be recovered or accessed in case the master password is unavailable. Accordingly Licensee shall take sole liability in case of loss of or damage to its master password and for any and all damages resulting from – temporary or permanent - inaccessibility and loss of secrets encrypted using the Application as result of the loss of the master password.
Licensee commits itself to make use of the backup functionalities provided by the Application to the extent allowed by applicable third party terms and conditions of use in order to prevent any loss of data.
7.3 Licensor takes no responsibility or liability for any damage caused due to a breach of Licensee’s obligations according to Section 2 of this license agreement. This exclusion of liability explicitly extends to damages arising to Licensee from the inaccessibility of Licensee’s personal secrets. Licensee is aware that in case of modifications or manipulations of the Application, Licensee will not have access to its personal secrets stored in encrypted form any longer.
7.4 Licensor shall also take no liability in case Licensee’s access to Google Play might be interrupted or excluded, e. g. due to Licensee’s breach of the Google Play Terms of Service.
8. Export Law Control
Licensee represents and warrants that Licensee is neither located in nor citizen of a country that is subject to a U.S. or German Government embargo, or that has been designated by the U.S. or German Government as a "terrorist supporting" country; and that Licensee is not listed on any U.S. or German Government list of prohibited or restricted parties. Licensee shall indemnify Licensor from any third party claim resulting from a breach of these obligations.
9. Contact Information
In case of questions, complaints or claims with respect to the Application please contact:
Name: MobileSitter for Android Support
Address: Rheinstrasse 75, 64295 Darmstadt, Germany
10. Consent to Use of Data
Licensee agrees that Licensor may collect and use technical data and information, including but not limited to technical information about Licensee’s mobile device, system and application software that is gathered periodically to facilitate the provision of Application updates, product support and other services to Licensee (if any) related to the Application. Licensor may use this information - provided it has been anonymized so that the information shall in no case be attributable to Licensee - to improve the Application.
This license agreement is effective until terminated by a party. Licensee may terminate this license agreement by deleting the Application from its mobile device. Upon Licensor’s request Licensee shall be obliged to give proof of such deletion. Licensee’s right to use the application shall terminate automatically and without notice from the Licensor if Licensee fails to comply with any of its obligations under this license agreement.
The right of each party to terminate this license agreement for good cause remains unaffected.
Upon termination of this license agreement, Licensee shall cease all use of the Application, and destroy or permanently delete all copies of the Application.
12. Applicable law
This license agreement is governed by the laws of the Federal Republic of Germany excluding its conflicts of law rules. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
13.1 If any of the provisions of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by valid provisions formulated in such a way that the intended purpose will largely be achieved.
13.2 No Party may transfer or assign its rights and obligations deriving from this license agreement.
13.3 Licensor is entitled to change these terms and conditions, in which case it will inform Licensee of the modifications which will be considered mutually binding unless Licensee contradicts within 4 weeks after its first possibility of becoming aware of them.
14.4 Amendments to this license agreement need to be made in writing to have legal effect. This condition can only be waived in writing.