BIKECITYGUIDE TERMS OF SERVICE AND END USER LICENSE AGREEMENT (“EULA”)
Dated and applicable from 01 January 2014.
The following terms of service and end user license agreement (“Agreement”) constitute a binding legal agreement between you and BikeCityGuide Apps GmbH, trading as Bike Citizens, and/or its affiliates and subsidiaries (“Bike Citizens”, “Us”, “We” or “Our”). This Agreement governs your use of the Bike Citizens or BikeNatureGuide application (“App”) with respect to all product versions and version updates until further notice, as defined herein below (together, the “Service”) and the software enabling the use thereof (the “Software”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SERVICE OR SOFTWARE.
THE SOFTWARE IS LICENSED, NOT SOLD. If you do not accept the terms of this Agreement do not install, use or access the Service or Software.
You agree to use the Service or Software for your personal use and accept that such use is entirely at your own risk. You agree not to transfer or resell the Service or Software, in whole or in part, to any third party, or allow unauthorized access to the Service or Software, by any third party.
Our Software and Service are provided on an “AS IS” and “AS AVAILABLE” basis and are only available to individuals who are legally capable and legally permitted to access and use them. You are responsible for obtaining, maintaining, and ensuring the compatibility of any device, equipment or other services needed to connect to or access the Site and Services.
Subject to this Agreement and your compliance hereof, Bike Citizens hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Software for your personal use on the mobile product that you own or control. The Software is being licensed to you and is not being sold to you. You hereby acknowledge that no title or ownership in the Software is being transferred or assigned to you.
The term of your license under this Agreement shall commence on the date of your acceptance and installation or an otherwise use of the Software or Services. Your license(s) shall end on either your disposal of the Software or termination of this Agreement. Your license terminates immediately if you violate any provision of this Agreement.
Bike Citizens retains all right, title and interest in and to the Software and Service, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, whether registered or not and all applications thereof. The Software and Service are protected by applicable laws and treaties throughout the world. You may not copy, modify, reproduce, publish, distribute, license, rent, lease, sell, lend, transfer rights to or otherwise commercialise, in whole or in part, in any manner, the Software or Service or any information associated with same, without our prior written consent. All rights not expressly granted to you herein are reserved by Bike Citizens.
You may not use the Software or Service in any manner that could impair the rights of Bike Citizens or others in any way or interfere with any party’s use or enjoyment of the Software or Service including but not limited to attempting to circumvent any technical protection measures used in connection with the Software of Service. You agree not to reverse engineer, decompile, disassemble, alter, duplicate, make copies of, distribute or provide others with the Software.
You must use the Software and Service only in accordance with all applicable laws and regulations.
Global Positioning System (GPS) Tracking
The App and Service contain features that rely upon device-based location information. The App will allow you to capture, track and record certain time and location data (collectively, the “Information”). To provide such features, you consent to the collection, use, transmission, processing and maintenance of your location data when using the App, including the real-time geographic location of the device used to access the App. Such information may include, but is not limited to your device identification, device type and real-time geographic location of your Device at time of use. At any time you may disable or turn off the tracking features of the App. By doing so you may use GPS functionality without sharing any of your location data with our servers. Any location data provided by the Service is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. We do not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data or any other information displayed by the Service or the Software including the App.
‘BikeCityGuide’, ‘BikeNatureGuide’, the logos and all other trademarks, service marks, icons and logos used in connection with the Service and Software including the Apps are trademarks or registered trademarks (collectively “the Marks”) of BikeCityGuide Apps GmbH BikeCityGuide. The Marks may not be copied, imitated or used, in whole or in part, without our prior written permission. All text, graphics, designs, logos, icons, images, audio and video clips, data compilations and information contained in the Service and Software is owned or controlled by BikeCityGuide, its licensors or its content suppliers and is protected by Austrian and international copyright laws. Maps data is provided by the OpenStreetMap project as open data under the Open Data Commons Open Database License (ODbL). All intellectual property rights of any nature, including all applications, renewals, extensions and restorations, in the Service and the Apps, including all the overall appearance which is BikeCityGuide’s sole and exclusive property, are protected by copyright, trademark, patent, trade secret, international treaties, laws and/or other proprietary rights. You may not adapt, translate, modify, prepare derivative works from, disassemble, decompile, reverse-engineer, or otherwise attempt to derive source code from the Software or the Service and you will not remove, obscure or alter BikeCityGuide’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by these Service or Software.
BikeCityGuide makes no guarantee that Service or Software is suitable for your intended use, error-free, reliable, timely, reliable, entirely secure, virus-free or available. THE SERVICE AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. USE IS AT YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THIS SOFTWARE. THE SERVICE AND SOFTWARE ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT OR GUARANTEE THAT (1) ALL SOFTWARE VERSIONS SHALL BE COMPATIBLE WITH YOUR DEVICE OR THAT THEY SHALL BE PROVIDED WITH SIMILAR FEATURES OR FUNCTIONALITY (2) THE SERVICE SHALL BE PERFORMED BY BIKECITYGUIDE IN A MANNER WHICH IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE AND THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTIONS RESULTING FROM OR ARISING OUT OF (I) THE SERVICE OR SOFTWARE (II) THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE (III) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OF THE SERVICE OR SOFTWARE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR SOFTWARE, (V) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS (VI) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT CONTAINED IN THE SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE WHICH ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUR STATUTORY RIGHTS REMAIN UNAFFECTED.
You agree to defend and indemnify BikeCityGuide from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, that arise from or relate to your use or misuse of, or access to the Service or Software or otherwise from your violation of this Agreement.
Severance and Waiver
In the event any provision of these Terms is held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired. In such event, you agree that any such invalid provision shall be validly reformed by the court to as near as possible to the original intent of the provision, and if not reformable, shall be severed and deleted from these Terms.
This Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you shall cease all use of the Service and Software and delete or destroy all copies of the App from your device. In the event of the termination of this Agreement, where a breach by you is involved, you shall pay to BikeCityGuide all fees (including lawyers’ fees and costs) and related expenses expended or incurred by BikeCityGuide in the enforcement of its rights hereunder.
Governing Law & Language
This Agreement shall be governed by and construed in accordance with the laws of Austria without regard to the conflict of laws provisions thereof. Austrian courts will have exclusive jurisdiction over any claim arising from, or related to, this Agreement although we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country. These Terms are drafted in the English language and if translated into another language the English version shall prevail.
If you have a concern regarding this Agreement, please contact us by email at firstname.lastname@example.org