The present End User License Agreement (“EULA” or “Agreement Agreement”) represents a binding legal arrangement between You and Asamm Software s.r.o., Business ID: 24225321, a company with registered office at K Odpočinku 3129/8, 193 00 Praha, Czech Republic (“Asamm”), regarding the use of the mobile application and related web services provided by Asamm under the Locus Map brand name (“Software Product”).
By checking off the applicable field and consenting to the EULA, You express Your intent to enter into the contractual arrangement with Asamm as per the provisions contained in this document, whether the current version or, where applicable, a version hereof updated in the future, and You undertake to unreservedly comply with the terms of the EULA. Simultaneously, You declare to be 16 years of age or older and fully sui juris.
License Grant
Conditional on Your entry into this Agreement and Your compliance herewith, Asamm grants You a non-exclusive, personal, time-limited, non-transferrable, and territorially unlimited license to use the Software Product insofar as its functions are intended to be used, exclusively for Your private purposes and subject to the terms and conditions laid down in this Agreement (“License”). For the avoidance of doubt, it is agreed that the License includes not only the use of the individual functions of the Software Product in accordance with the intended purpose of the functions thereof, but also the presentation of the Software Product, for example by means of product reviews. You may not use the Software Product in any way other than to the extent of the License granted under this Agreement.
This License grants You no right to obtain updates, innovations, or accessories to the Software Product that may become available in the future. However, if You obtain such updates, innovations, or accessories to Software Product, the use thereof will be subject to the up-to-date version of this Agreement, unless different terms and conditions are attached to such updates, innovations, or accessories to the Software Product.
License Restrictions
Leasing, renting, or distributing in any other way the Software Product, its components, or source and machine codes is prohibited. You must refrain from copying, altering, reverse-engineering, decompiling, selling the Software Product or any component thereof, breaking its protective features, attempting to use a similar method to obtain the source code, or allowing any party to carry out any action as per the foregoing. The License is not transferrable and does not include the right to grant sublicenses for the use of the Software Product.
License Price
For the grant of the License, You undertake to pay Asamm the sum stated in the current Asamm Price List, of which You will be informed using a suitable method prior to the entry into the Agreement or the purchase of the applicable accessory to the Software Product. Unless otherwise expressly stipulated, thus specified price does not include any taxes or fees, and such taxes or fees will be charged to You by Asamm where required under laws and regulations.
Accessories to the Software Product may be purchased through the Google Play or App Store platform. In such a case, You will enter into a separate contractual arrangement with the operator of the applicable platform, such as Google Ireland Limited, Google Inc, or Apple Inc.
License Duration
The License is time-limited for the term specified in the information provided to You by Asamm or its business partners during the purchase of the License, depending on the License duration option selected by You. Unless otherwise expressly stated in this information, the License is granted for a period of one (1) year.
Ownership
Copyrights and other intellectual property rights, industrial rights, and/or ownership rights pertaining to the Software Product are the property of Asamm and/or its suppliers. By entering into this Agreement, You gain no rights to the Software Product other than the right to use the Software Product to the extent of the License, subject to the terms and conditions laid down hereunder.
Confidentiality
You agree and acknowledge that the Software Product has been developed by Asamm at the expense of considerable investment of time and financial resources, As such, the Software Product is of confidential nature and constitutes the business secret of Asamm and/or third parties. You undertake to use the Software Product solely to the extent and in the manner expressly permitted under the License.
Third-Party Software License
The Software Product uses software provided by third parties. The use of third-party software is subject to separate licensing conditions. Regardless of the provisions pertaining to the License, the use of certain third-party components incorporated in the Software Product or used for supporting services may be subject to terms and conditions other than the EULA. You hereby certify to be aware of conditions stipulated by all third parties that provide services or components for the Software Product, as stipulated in the technical description of the Software Product, and You undertake to comply with such conditions. Upon purchasing a License for the Software Product, You give Asamm an instruction to begin providing services relating to the use of the Software Product.
Liability Limitation
a) YOU ACKNOWLEDGE THAT THE SOFTWARE PRODUCT HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL NEEDS. IT IS THEREFORE YOUR DUTY TO ENSURE THAT THE FUNCTIONS AND PARAMETERS OF SERVICES FULFILL YOUR INDIVIDUAL REQUIREMENTS. ASAMM PROVIDES NO GUARANTEE THAT THE SOFTWARE PRODUCT WILL FUNCTION WITH NO INTERRUPTION OR WITH NO ERROR. IN PARTICULAR, YOU NEED TO BE AWARE THAT THE USE OF THE SOFTWARE PRODUCT IN A NAVIGATION SYSTEM MAY CAUSE CALCULATION ERRORS, FOR EXAMPLE AS A RESULT OF LOCAL CONDITIONS AND/OR INCOMPLETE DATA. ASAMM PROVIDES NO GUARANTEE THAT THE SOFTWARE PRODUCT WILL BE ABLE TO WORK IN CONJUNCTION WITH ANY OTHER SYSTEM, DEVICE, OR PRODUCT, WHETHER SOFTWARE OR HARDWARE. b) ASAMM AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT “AS IS WITH ANY AND ALL ERRORS OR DEFICIENCIES” TO THE MAXIMUM EXTENT ALLOWABLE UNDER RELEVANT LAWS AND REGULATIONS. UNDER THIS AGREEMENT, IT IS AGREED THAT ANY AND ALL LIABILITY OF ASAMM IS RULED OUT IN RELATION TO THE SOFTWARE PRODUCT AS WELL AS ANY GUARANTEES, WHETHER EXPLICIT, IMPLICIT, MANDATORY UNDER THE LAW, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL (POTENTIAL) TACITLY ASSUMED GUARANTEES, DUTIES, OR CONDITIONS OF SATISFACTORY QUALITY OR SUITABILITY FOR A SPECIFIC PURPOSE, RELIABILITY, AVAILABILITY, PRECISION, OR COMPLETENESS OF RESPONSES OR RESULTS PERTAINING TO THE SOFTWARE PRODUCT AS WELL AS THE PROVISION OR NON-PROVISION OF SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT, THROUGH THE SOFTVARE PRODUCT OR OTHERWISE BASED ON THE USE OF THE SOFTWARE PRODUCT. IN ADDITION TO THE FOREGOING, NO WARRANTY IS EXTENDED IN RELATION TO THE SOFTWARE PRODUCT OR CONDITIONS PERTAINING TO PEACEFUL ENJOYMENT, PEACEFUL HOLDERSHIP, OR ABSENCE OF INFRINGEMENT ON RIGHTS. IF RULING OUT THE FOREGOING IS NOT POSSIBLE, IT IS DEEMED AGREED THAT THE TOTAL LIABILITY OF ASAMM AND ALL OF ITS SUPPLIERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE SUM ACTUALLY PAID BY YOU TO ASEMM FOR THE USE OF THE SOFTWARE PRODUCT. c) ASAMM BRINGS YOUR ATTENTION TO THE FACT THAT IN USING THE SOFTWARE PRODUCT, YOU BEAR FULL AND EXCLUSIVE LIABILITY FOR COMPLIANCE WITH TRAFFIC REGULATIONS (SUCH AS USING MANDATORY AND/OR APPROPRIATE AND ADEQUATE SAFETY FEATURES, PROTECTIVE AIDS, TAKING PROPER AND GENERALLY EXPECTED CARE AND ATTENTION IN A GIVEN SITUATION, AND EXCEPTIONAL CARE AND ATTENTION RESULTING FROM THE USE OF THE SOFTWARE PRODUCT). UNDER THIS AGREEMENT, IT IS AGREED THAT THE LIABILITY OF ASAMM FOR ANY DAMAGE AND INTANGIBLE LOSS INCURRED IN CONNECTION WITH THE USE OF THE SOFTWARE PRODUCT IS RULED OUT. NEITHER ASAMM NOR ITS SUPPLIERS WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY (UNDER THE AGREEMENT, DUE TO NEGLIGENCE, OR OTHERWISE); (I) FOR THE IMPOSSIBILITY TO USE ANY THIRD-PARTY DEVICE OR TO GAIN ACCESS TO DATA, FOR ANY LOSS OF OR DAMAGE TO DATA, FOR THE LOSS OF BUSINESS OPPORTUNITY, LOSS OF PROFIT, LOSS OF REVENUES OR EXPECTED SAVINGS, INTERRUPTION IN BUSINESS OPERATIONS, OR A SIMILAR LOSS (REGARDLESS OF WHETHER SUCH A LOSS IS DIRECT OR INDIRECT); OR (II) FOR ANY INDIRECT, ACCIDENTAL, OR SUBSEQUENT LOSS OR DAMAGE OF ANY KIND WHATSOEVER, IN EVERY INDIVIDUAL CASE, ARISING FROM THE USE OF THE SOFTWARE PRODUCT OR THE IMPOSSIBIITY TO USE THE SOFTWARE PRODUCT, INCLUDING CASES IN WHICH ASAMM IS NOTIFIED OF THE RISK OF SUCH DAMAGE OR LOSSES.
Termination
Without prejudice to any other rights, Asamm may terminate this Agreement effective immediately if You breach any of the terms and conditions laid down hereunder. The provisions of this Agreement that are to remain in effect due to inherent reasons after the termination hereof will remain in effect after the termination of this Agreement. Regardless of whether prior notice is served or not, Asamm reserves the right to cease the distribution of updates, innovations, or supplementary services, which are provided to You or to which You have access through the use of the Software Product.
Links to Third-Party Websites
Asamm and third parties taking part in securing Your access to services (“Third Parties”) bear no liability for the content of Third-Party websites, Third-Party services, any links present on such websites or in Third-Party services, and changes or updates of Third-Party websites or services delivered through the Software Product or by other means. Asamm (and, where applicable, specific Third Parties) provides You with such links and access to Third-Party websites and services solely for Your convenience, where the provision of any link or access is not to be construed as the endorsement of websites or software products of Third Parties by Asamm or by Third Parties. Any use of such links or Third-Party websites and the ways in which You use such links and Third-Party websites are Your sole responsibility and any action You take in connection therewith is taken at Your risk.
Full Agreement
This Agreement, including amendments and additions hereto that may be delivered together with the Software Product as well as any and all further terms and conditions, represents the full understanding between You and Asamm regarding the Software Product, and replaces and supersedes any and all past or current verbal and written communications, proposals, or declarations concerning the Software Product or any other subject dealt with under this Agreement. Insofar as any provisions of any policies of Asamm contravene the provisions of this Agreement, the provisions of this Agreement have higher priority. Any provision of this Agreement found to be invalid, ineffective, unenforceable, or unlawful will not prejudice the full validity and effect of other provisions hereof.
Translation
The Czech version of this Agreement (EULA) has priority. Where applicable, any translation is provided solely for the sake of convenience, and no such translation is legally binding.
Consumer Information
The entity vested with the power to oversee out-of-court settlement of disputes arising under this Agreement is the Czech Trade Inspection Authority. You have the right to file a complaint with the Czech Trade Inspection Authority in connection with the performance of this Agreement or to demand the negotiation of an out-of-court settlement of a dispute with Asamm at Czech Trade Inspection Authority, Štěpánská 15, 120 00 Prague 2, Czech Republic. For additional information, visit coi.cz.
Considering the nature of the Software Product, You do not have the right to withdraw from this Agreement. The cost of using remote communication means in the delivery of the Software Product are to be borne by You.
Choice of Law
This Agreement, including any and all disputes arising based on or in connection with this Agreement, including any non-contractual claims or disputes, is subject to the law of the Czech Republic. The arrangement laid down under this Agreement is not subject to the United Nations Convention on Contracts for the International Sale of Goods. Any and all disputes arising based on this Agreement, including any non-contractual claims or disputes, will be settled before courts in the Czech Republic, which will have exclusive jurisdiction over such disputes. Territorial jurisdiction derives from the registered office of Asamm.
If You have any questions regarding this Agreement, or if You wish to communicate with Asamm for another reason, visit the Asamm website at www.Asamm.com.