Concluded between ASEKO, spol. s.r.o. with its registered office at Maternova 610/5, Kunratice, 148 00 Prague 4, company identification number: 40766471, tax identification number: CZ40766471, registered in Commercial Register kept by the Municipal Court Prague, Section C, Insert No. 2879, established under the law of the Czech Republic (hereinafter referred to as „ASEKO“)
And natural or legal person as an end user (hereinafter referred to as the „User“)
On the use of the mobile application iPoolRemote (hereinafter referred to as „iPoolRemote“) through MacAppStore.
1.1. ASEKO is the authorized copyright holder of the mobile application iPoolRemote. In particular, ASEKO is entitled to grand the Users an authorization to use iPoolRemote.
1.2. This Agreement defines both the rights of iPoolRemote use and other terms and conditions the User shall adhere to when using iPoolRemote.
1.3. Mac App Store is a service enabling to distribute products to users (hereinafter referred to as „App Store“).
2.1. ASEKO grants the User the permission to use iPoolRemote as a sublicense, hereinafter referred to as the „License“. The License is granted for all parts of iPoolRemote including mainly a computer program and literary and graphic works.
2.2. ASEKO provides the License as a non-exclusive and worldwide. The User is entitled to use iPoolRemote by displaying and using it on a mobile device in a quantity of one application iPoolRemote.
2.3. The User is entitled to make a backup or other copy if this option is regulated by law. Unless otherwise provided, the User is only entitled to reinstall the software on the same mobile device.
2.4. The User is not entitled to provide the License or its part to a third party. The User is not entitled to transfer or assign the License to a third party.
2.5. The User is entitled to use the License only for non-commercial purposes. A non-commercial purpose means a use out of the gainful activity based on either an employment or a contractual obligation relationship.
2.6. The License is granted to the User from the moment of obtaining the License through App Store.
2.7. The License is granted free of charge for a maximum period of time two years. ASEKO and the User are entitled to terminate this Agreement at any time by giving a notice with immediate effect. Upon expiration of the License or termination of the Agreement for any reason, ASEKO may offer the User a new License for remuneration or other conditions.
3. Update and upgrade
3.1 For the duration of the License, ASEKO shall provide non-periodic updates and upgrades of iPoolRemote, which may include primarily corrections and modifications. Under the License, the User is entitled to use iPoolRemote including these updates and upgrades.
3.2 Upon termination of the License the User is not entitled to continue to use iPoolRemote in any version of its update and upgrade. The User is obliged to uninstall, delete or similarly remove iPoolRemote from the mobile device and to not use iPoolRemote any further. ASEKO does not guarantee that iPoolRemote without the License will continue to be functional.
4.1. The User is not authorized to change or interfere with iPoolRemote in any way beyond the legal minimum scope under Czech law and to associate iPoolRemote with other parts.
4.2. The User is not entitled to change, associate with other parts or interfere with iPoolRemote in any way if the law of another state is applied to this Agreement unless this possibility is expressly permitted to the User by that other legal order and at the same time another legal order does not allow to exclude or restrict this possibility.
4.3. This Agreement does do provide the service of the User’s direct connection through the User account to iPoolRemote controlled device through ASEKO’s web interface (hereinafter referred to as the „ancillary service“). However, ASEKO may provide the ancillary service to the User.
4.4. The User agrees that if the ancillary service is provided by ASEKO, it is not guaranteed its functionality and may be terminated or charged at any time and/or included in a new license under the Article 2 (2.7) hereinabove.
4.5. ASEKO is not responsible for the functionality of the ancillary service, in particular due to the necessity of a permanent online connection of the device controlled by iPoolRemote to the internet with sufficient speed and capacity for which the User is solely responsible and the User agrees to use the ancillary service solely at his/her own risk and responsibility.
5. Limitation of liability for damages
5.1. Unless otherwise provided by the law, ASEKO is liable for any damage caused by the use of iPoolRemote and/or ancillary service only up to the amount of remuneration paid for the License, except for the exclusion of liability set forth in this Agreement.
5.2. In relation to the use of iPoolRemote anr/or ancillary service by the User, ASEKO has no liability for the damage of the device controlled by iPoolRemote and/or damage to health and property including environmental damage resulting from the use of the device controlled by iPoolRemote.
5.3. The User is obliged to comply with all applicable legislation, relevant safety instructions and general safety principles and prior any use of iPoolRemote and/or ancillary service to always verify whether the controlled device and its functionality are in compliance with the applicable legislation, relevant safety instructions and general safety principles and whether the use of controlled equipment does not endanger personal and property safety.
5.4. When changing the basic settings of individual functions of iPoolRemote by the User, ASEKO bears no liability for any possible damage.
6. Legal Order and Jurisdiction
6.1. Unless otherwise provided by law, this Agreement and terms of the License shall be governed by the laws of the Czech Republic. All disputed arising from this Agreement shall be settled by courts of the Czech Republic with territorial jurisdiction over the ASEKO’s registered office.
6.2. This Agreement is subject to the limitations of the terms of App Store service. In the event of a lack of conformity between this Agreement and contractual terms of App Store service, the conditions of App Store service shall prevail unless the App Store terms of service exclude it.
6.3. This Agreement is valid and effective at the time of purchase of iPoolRemote at App Store.