This licence agreement (Licence) is a legal agreement between you (Licensee or you) and Arenim Technologies AB. of Sweden (registered seat: 11435 Stockholm, Stureplan 4c.; e-mail address: email@example.com) Licensor, us or we) for the CryptTalk computer software and the associated media (Software) and its electronic documentation (Documentation; the Software and the Documentation collectively: the Licensed Application).
BY DOWNLOADING THE SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE LICENSED APPLICATION TO YOU AND YOU MUST NOT DOWNLOAD, INSTALL OR USE IT. THIS AGREEMENT IS CONCLUDED WITH THE LICENSOR, AND NOT APPLE, INC.
The Licensor hereby grants to You a non-exclusive, non-transferable licence to use the Licensed Application on the terms of this Licence. You may download, install and use the Licensed Application on your [iPhone, iPod Touch or iPad] device for your personal purposes (if you are a consumer) or your internal business purposes (if you are a business) and receive and use any free supplementary software code or update of the Software incorporating "patches" and corrections of errors as may be provided by us from time to time at our sole discretion on an "as is" basis. You also acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
You acknowledge and agree that to be able to use the Software, You accept the CryptTalk Service Agreement.
Except as expressly set out in this Licence or as permitted by any local law, you undertake (a) not to copy the Software or Documentation except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security; (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documentation; (c) not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs; (d) not to disassemble, decompile, reverse engineer or create derivative works based on, the whole or any part of the Software nor attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the Software with another software program; and (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (iii) is not used to create any software which is substantially similar to the Software; (e) to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software; and (f) not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us. Also, you may not log in with the Software with more than one device at any one time. Furthermore, the use of the Software is permitted on condition that You use the passcode on your device on which the Software is installed at all times.
You acknowledge that all intellectual property rights in the Licensed Application anywhere in the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this Licence. You acknowledge and agree that you have no right to have access to the Software in source code form or in unlocked coding or with comments. Should any third party claim alleging that the Licensed Application infringes third party intellectual property rights arise, it will be Licensor's responsibility to investigate, defend, settle or discharge of any such intellectual property infringement claim.
To the maximum extent permitted by applicable law, the Licensor and the suppliers of any components incorporated in the Licensed Application licence to You the Licensed Application "as is" and the Licensor as well as the suppliers hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, relating to error-free or uninterrupted operation and use or availability, regarding compliance with the applicable legal regulations or the telecommunications networks necessary for using the License Application. Furthermore, to the maximum extent permitted by applicable law, the Licensor and the suppliers of any components incorporated in the Licensed Application exclude any and all liability and responsibility for any amount or kind of loss, cost or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise, costs) in connection with the Licensed Application in any way or in connection with the use, inability to use or the results of use of the Licensed Application.
WARNING: Although the CryptTalk application may also be used on misused, cracked or jailbroken devices following a warning, the Licensor does not support or hold liability for operation on such devices - for security reasons. Such operation in spite of such warnings relieves the Licensor from all undertakings, obligations and liability under this Agreement.
Without limiting the generality of the above, if you are a consumer, you acknowledge and agree that the Licensed Application has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the License Application as described in the Documentation meet your requirements. If You are a consumer, we only supply the Licensed Application for domestic and private use. You agree not to use the Licensed Application for any commercial, business or re-sale purposes.
If despite the above provisions, the Software were to be found not to conform to any warranty that may not be excluded under applicable law, You may notify Apple, Inc. and Apple, Inc., as your sole remedy hereunder, will refund the purchase price for the Licensed Application to You; and, to the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation whatsoever with respect to the Licensed Application.
You acknowledge that it is the Licensor's, and not Apple, Inc's responsibility to address your claims or those of any third parties relating to the Licensed Application or Your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Licensee's warranties You represent and warrant that (a) according to your personal law you are eligible to use the Software and such use does not violate the legal regulations that may apply to You or such use under your personal or other applicable law, (b) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, (c) You are not listed on any U.S. Government list of prohibited or restricted parties, and (d) You are not related, whether directly or indirectly, through ownership, joint control or otherwise to any entity which manufactures or distributes software applications that compete with the Software. You shall indemnify and hold us harmless from and against any claims that may arise from your breach of the terms of this License or the applicable legal regulations.
We may terminate this Licence immediately if you commit a material or persistent breach of this Licence or if we are required to do so under applicable law or according to a request or decision by any governmental authority. You may also terminate this Licence immediately at any time by deleting and removing the Licensed Application from your equipment. Upon termination for any reason: (a) all rights granted to you under this Licence shall cease; (b) you must immediately cease all activities authorised by this Licence; and (c) you must immediately delete or remove the Software from all your devices and other equipment, and immediately destroy all copies of the Software and Documentation then in your possession, custody or control.
You acknowledge and agree that as opposed to standard telephony services, the Software does not offer access to emergency services. If you wish to use such services, you are advised to use traditional or wireless telephony services.
The Software incorporates several APIs, GPL open source libraries and other applications or components and the supplier of such components require that certain information be made available in this Licence. Also, these components are usually provided on an "as is" basis without any warranty of any kind. For further information regarding the various components, please kindly refer to the respective rights owner's website.
You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations and Office of Foreign Assets Control Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
The Licensor reserves the right to amend this Licence or the Licensed Application at any time. By continuing to use the Licensed Application or downloading the modified version, you agree to such amendments.
Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
You acknowledge and agree that Apple, Inc. and Apple's subsidiaries, are third party beneficiaries of this Licence, and that, upon Your acceptance of the terms and conditions of this Licence, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce this Licence against You as a third party beneficiary hereof.
This Licence, its subject matter and its formation, are governed by Swedish law. You and we both agree to that the courts of Sweden will have non-exclusive jurisdiction.