Concluded between ASEKO, spol. s.r.o. with its registered office at Maternova 610/5, Kunratice, 148 00 Prague 4, company registration number: 40766471, tax identification number: CZ40766471, registered in Commercial Register kept by the Municipal Court in Prague, Section C, Insert 2870, 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 iOS mobile application Pool Live (hereinafter referred to as „Pool Live“) through the service App Store.
1.1. ASEKO is the authorized copyright holder of the iOS mobile application Pool Live. In particular, ASEKO is entitled to grand the Users an authorization to use Pool Live.
1.2. This Agreement defines both the rights of Pool Live use and other terms and conditions the User shall adhere to when using Pool Live.
1.3. App Store is a service enabling to distribute products to users.
2.1. ASEKO grants the User the permission to use Pool Live as a sublicense, hereinafter referred to as the „License“. The License is granted for all parts of Pool Live 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 Pool Live by displaying and using it on a mobile device in a quantity of one application Pool Live.
2.3. The User is entitled to make a backup or other copy of Pool Live on his one or more mobile devices. The User is also entitled to reinstall the Pool Live on his mobile devices.
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 the License purchase through App Store.
2.7. The License is granted free of charge for a maximum period of time one year. ASEKO and the User are entitled to terminate this Agreement at any time by giving a notice with immediate effect.
2.8. 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. ASEKO may in particular but not exclusively offer the User:
2.8.1. New License free of charge (hereinafter referred to as „Pool Live Free”). ASEKO may limit, simplify or otherwise change the content or functionality of Pool Live Free especially compared with Pool Live both in any way and at any time. Unless agreed otherwise by the ASEKO and User the User is granted Licensee free of charge to use Pool Live Free for maximum next four years after termination the License after one year according to paragraph 2.7. of this Agreement. ASEKO is entitled not to provide the License to the User. ASEKO and the User are entitled to terminate this Agreement at any time by giving a notice with immediate effect. The content of this Agreement shall apply mutatis mutandis to the License and other conditions for the Pool Live Free.
2.8.2. New License for remuneration (hereinafter referred to as „Pool Live”). The remuneration can be made mainly, but not exclusively, by using the micro-payments. The conditions and the procedure of remuneration will be agreed by ASEKO and the User. ASEKO may extend or otherwise change the content or functionality of Pool Live especially compared with Pool Live Free both in any way and at any time. Unless agreed otherwise by the ASEKO and User, mainly according to conditions of remuneration, the User is granted Licensee for remuneration to use Pool Live for maximum next four years after termination the License after one year according to paragraph 2.7. of this Agreement. ASEKO is entitled not to provide the License to the User. ASEKO and the User are entitled to terminate this Agreement at any time by giving a notice with immediate effect.
3. Update and upgrade
3.1. For the duration of the License, ASEKO shall provide non-periodic updates and upgrades of Pool Live, which may include primarily corrections and modifications. Under the License, the User is entitled to use Pool Live including these updates and upgrades.
3.2. Upon termination of the License the User is not entitled to continue to use Pool Live in any version of its update and upgrade. The User is obliged to uninstall, delete or similarly remove Pool Live from the mobile device and to not use Pool Live any further. ASEKO does not guarantee that Pool Live without the License will continue to be functional.
3.3. ASEKO may change the content or functionality of Pool Live both in any way and at any time
4.1. The User is not authorized to change or interfere with Pool Live in any way beyond the legal minimum scope under Czech law and to associate Pool Live with other parts.
4.2. The User is not entitled to change, associate with other parts or interfere with Pool Live 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. ASEKO is not responsible for the functionality of the Pool Live in particular due to the necessity of a permanent online connection of the mobile device with Pool Live to the internet with sufficient speed and capacity for which the User is solely responsible and the User agrees to use the Pool Live 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 Pool Live 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 Pool Live by the User, ASEKO has no liability for the damage of the device controlled and/or connected by Pool Live and/or damage to health and property including environmental damage resulting from the use of the device controlled by Pool Live.
5.3. The User is obliged to comply with all applicable legislation, relevant safety instructions and general safety principles and prior any use of Pool Live 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 Pool Live 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 or any other free download of Pool Live at/from App Store.