Mobile Application End User License Agreement
This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and BFN Informationstechnik GmbH, Uerdinger Str. 420, 47800 Krefeld, Germany ("BFN IT").
This Agreement governs your use of the mobile application (including all related documentation, the "Application"). It provides a license to use the Application. The terms also apply to any updates, supplements, Internet-based services, and support services for the Application, unless other terms accompany those items on delivery. If so, those terms apply.
By installing and/or using the Application, you are confirming your acceptance of this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Agreement.
1. License Grant
Subject to the terms of this Agreement, BFN IT grants you a limited, non-exclusive and nontransferable license to:
download, install and use the Application for use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation.
2. License Restrictions
You shall not:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
(f) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
3. Reservation of Rights
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. BFN IT reserves and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Term and Termination.
(a) The term of Agreement commences when you download/install the Application and will continue in effect until terminated by you or BFN IT as set forth in this Section.
(b) You may terminate this Agreement monthly by cancelling your subscription service, deleting the Application and all copies thereof from your Mobile Device.
(c) In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) BFN IT may terminate the Agreement with a notice period of three months, in case the Application is no longer supported and the services are no longer offered.
(e) Upon termination:
(i) all rights granted to you under this Agreement will also terminate;
and
(ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
5. Governing Law
This Agreement is governed by and construed in accordance with the internal laws of Germany without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the courts of Germany located in at the place where BFN IT is incorporated.