ENGLISH (translation), version: 2014-11-11
Brainy Ape Studio LLP
Registered Office: MOTTRAM HOUSE, 43 GREEK ST, STOCKPORT, CHESHIRE, UNITED KINGDOM, SK3 8AX
Registration number in the UK: OC396287
Headoffice in The Netherlands: registration number: KvK: 61842265
Tax / BTW-number: NL854512512B01
If you are a resident or citizen of one of these countries: United States of America, Canada then you will NOT be granted a license to use any application (app), paid or free offered by Brainy Ape Studio LLP. Brainy Ape Studio LLP does not do business with residents and citizens of these countries. In case you found applications (apps) of this developer in the Google Play Store of these countries then they were there by mistake, then please inform Brainy Ape Studio LLP so that the mistake can be fixed.
APPLICATION (APP) END USER LICENCE AGREEMENT
Translations of the licence agreement are provided for the convenience of non-ducth speaking clients. In the event of any conflict arising as to the meaning or interpretation of any part of this Licence agreement, only the original Dutch wording will be considered valid.
1.1 This end user Application licence (“Licence”) allows you to use the Application made available to the terms of the Licence. This Licence is a legally binding agreement between you and the licensor of the Application (“Licensor”).
2.1 If you are a resident or citizen of one of these countries: United States of America, Canada then the Licensor does NOT grant you a license to use this Application, the next clause 2.2 is not valid for you. Licensor doesn’t do business with residents and citizen of these countries.
2.2 Brainy Ape Studio LLP grants you for the term of this Licence a limited, personal, non-exclusive, non-transferable licence to use the Application on a single device for non-commercial uses.
2.3 All rights not expressly granted to you under this Licence are reserved to Licensor.
You have no right to copy, modify, transfer to any third party the Application. You have no right to decompile, reverse engineer, or disassemble the binary code of the Application, except as expressly provided in this Licence.
2.4 This Licence will apply to re-installs and updates of the application as it applies to the original copy of the Application installed by you.
3. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
3.1 Your only right to use the Application is by virtue of this Licence and you acknowledge that all intellectual property rights in or relating to the Application and all parts of the Application are and shall remain the exclusive property of Brainy Ape Studio LLP or its licensors.
4.1 The structure, organisation and source code of the Application are valuable trade secrets and proprietary confidential information of Licensor and its licensors. You agree not to provide or disclose any such confidential information in the Application or derived from it to any third party.
5. WARRANTY AND SUPPORT
5.1 The Application is provided “as is” with no representation, guarantee or warranty of any kind as to its functionality or that it does not and will not infringe any third party rights (including intellectual property rights). Brainy Ape Studio LLP has no obligation under this Licence to provide technical or other support to you.
6. LIMITATION AND EXCLUSION OF LIABILITY
6.1 Brainy Ape Studio LLP makes no express warranties with respect to the Application and Licensor hereby excludes (to the fullest extent permissible in law), all conditions, warranties (including without limitation any warranty that the Application will meet your requirements or that its operation will be uninterrupted or error free) and stipulations, express (other than those set out in this Licence) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of you. Except as set out in this Licence you assume the entire risk as to the quality and performance of the Application.
6.2 Brainy Ape Studio LLP will be under no liability to you whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of data, loss of savings, depletion of goodwill and like loss) howsoever caused arising out of or in connection with:
a) any use made of the Application; or
b) the Application, sale or supply, or failure or delay in supply, of the Application by Licensor or on the part of Licensor’s employees, agents or sub-contractors;
c) any breach by Licensor of any of the express or implied terms of this Licence;
d) any statement made or not made, or advice given or not given, by or on behalf of Licensor.
6.3 Subject to clause 6.1 and 6.2, Licensor’s aggregate liability under this Licence (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or consequential loss (all three of which terms include without limitation of profits, loss of business, depletion of goodwill and like loss) howsoever caused will be limited to the price paid by you to use the Application.
Brainy Ape Studio LLP reserves the right to change the Application for future Updates of the Application, including but not limited to features, functionality and user-interface. Licensor also reserves the right to remove, replace and add content, including but not limited to texts, graphics and sounds in future updates.
Brainy Ape Studio LLP decides in its sole discretion if and when Updates will be made.
Brainy Ape Studio LLP can make no guarantees as to the compatibility of future updates with the users’ device, nor can de licensor make guarantees as to the performance of future Updates compared to the performance of the initially installed Application.
Depending on the settings of the operating system the user of the Application may receive updates automatically without prior notice. You agree to receive updates in this manner if the operating system on your device is configured to receive updates in that way.
8. TERM AND TERMINATION
8.1 This Licence shall commence upon the earlier of your acceptance of this Licence or your installation of the Application and shall continue until terminated in accordance with clause 8.2 or otherwise in accordance with this Licence.
8.2 This Licence will terminate automatically if fail to comply with any term or condition of this Licence or if you uninstall/destroy the Application.
8.3 Upon termination of this Licence for any reason whatsoever you must uninstall the Application.
8.4 The termination of this Licence is without prejudice to the rights, duties and liabilities of either party accrued prior to termination. Clauses 2.3, 3, 4, 5, 6, 8.3, 9 and 10 of this Licence will continue to be enforceable notwithstanding termination.
9. GOVERNING LAW AND JURISDICTION
9.1 All aspects whatsoever of this Licence or of any term of this Licence will be governed by the law of The Netherlands.
9.2 The courts of The Netherlands will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with this Licence.The parties irrevocably agree to submit to the exclusive jurisdiction of the competent court in The Netherlands.
10.1 If any clause or part of this Licence is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from this Licence and will be ineffective without, as far as is possible, modifying any other clause or part of this Licence and this will not affect any other provisions of this Licence which will remain in full force and effect.
10.2 This Licence contains all the terms which the parties have agreed in relation to the subject matter of this Licence and supersedes any prior written or oral agreements, representations or understandings between the parties in relation to such subject matter.
10.3 Brainy Ape Studio LLP reserves the right to revise the terms of this Licence by updating the Licence on its web site, or by notifying you by e-mail. You are advised to check this Licence periodically for notices concerning revisions. Your continued use of the Application shall be deemed to constitute acceptance of any revised terms.
10.4 You will be deemed to have accepted the terms of this Licence and comply with the terms of this Licence by installing the Application onto any device.