End User License Agreement
Last revised on July 1, 2016
This End User License Agreement (the “EULA”) is a binding legal agreement between you, as an individual or entity, and EBIKEMOTION® TECHNOLOGIES S.L. (“Ebikemotion”). By downloading, installing, or using this application for Android, iOS or other mobile platform, as applicable (the “Software”), you agree to be bound by the terms of this EULA. If you do not agree to the EULA, do not check the “I accept the terms” box and do not use the Software.
You agree that installation or use of the Software signifies that you have read, understood, and agree to be bound by the EULA.
The Software is provided to you under this EULA solely for your private, non-commercial use. Use of the Software or of the Ebikemotion content, information, membership functionality, job search, recruiting, marketing, sales or any other services (“Ebikemotion Service”) within an organization or the use of multiple copies of the Software (except a back-up copy) requires a commercial license for the Software.
- Description of Software
The Software is a downloadable software application that enables you to access Ebikemotion functionality directly from your Android, iPhone, iPad or other mobile device supported by Ebikemotion (“Device”).
You may download the Software whether or not you use the Ebikemotion Service, but you must associate it with your Ebikemotion account to enable its full functionality.
Ebikemotion hereby grants you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable personal license to:
- Use the Software for your own personal use;
- Install the Software on only one Device; and
- Make one copy of the Software in any machine readable form solely for back-up purposes, provided you reproduce the Software in its original form and with all proprietary notices on the back-up copy.
For clarity, the foregoing is not intended to prohibit you from installing and backing-up the Software for another Device on which you also agreed to the EULA. Each instance of this EULA that you agree to grants you the aforementioned rights in connection with the installation, use and back-up of one copy of the Software on one Device.
Title, ownership and all rights (including without limitation intellectual property rights) in and to the Software shall remain with Ebikemotion. Except for those rights expressly granted in this EULA, no other rights are granted, whether express or implied.
You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You may not:
- Create derivative works based on the Software;
- Use the software for any purpose other than as described herein;
- Copy or reproduce the Software except as described in this EULA;
- Sell, assign, license, disclose, distribute or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties;
- Alter, translate, decompile, reverse assemble or reverse engineer the Software, or attempt to do any of the foregoing, except to the extent this prohibition is not permitted under an applicable law; or
- Remove or alter any proprietary notices or marks on the Software.
- Personal Information and Privacy
- No Warranty
EBIKEMOTION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE IS OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. EBIKEMOTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
- Right to Terminate or Modify Software
Ebikemotion may modify the Software and this EULA with notice to you either in email or by publishing notice on the Website, including but not limited to charging fees for the Software, or changing the functionality or appearance of the Software. In the event Ebikemotion modifies the Software or the EULA, you may terminate this EULA and cease use of the Software. Ebikemotion may terminate your use of the Software, the EULA or the Ebikemotion Service at any time, with or without notice.
- U.S. Government Restricted Rights
The Software and accompanying documentation are provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(iii) of DFARS 252.227-7013 (The Rights in Technical Data and Computer Software) or subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the Commercial Computer Software – Restricted Rights), as applicable. The manufacturer is Ebikemotion Tecnologies S.L. , Los Orfebres 10, Palencia, Castilla y León, Spain, CP 34004.
- Open Source
The Software may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found at https://www.ebikemotion.com/legal/mobile/open-source-mobile-apps and/or in the Software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein.
By accepting the EULA, you agree to indemnify and otherwise hold harmless Ebikemotion Tecnologies S.L., its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EBIKEMOTION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EBIKEMOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL EBIKEMOTION’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO EBIKEMOTION. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Export Restrictions
This EULA is expressly made subject to any laws, regulations, orders or other restrictions on the export from the European Union of the Software or information about such Software which may be imposed from time to time by the government of Spain. You shall not export the Software or information about the Software without consent of Ebikemotion and compliance with such laws, regulations, orders or other restrictions.
The EULA between you and Ebikemotion Tecnologies S.L. will be governed by and construed in accordance with the laws of Palencia, Castilla y León, España without regard to conflict of laws principles. The exclusive forum for any disputes arising out of or relating to this EULA shall be an appropriate federal court or state court sitting in the County Palencia, Castilla y León España. The EULA constitutes the entire agreement between you and Ebikemotion regarding the Software. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this EULA will remain in full force and effect. You may not assign this EULA, and any assignment of this EULA by you will be null and void. Ebikemotion, Ebikemotion (stylized) and other Ebikemotion logos and names are trademarks of Ebikemotion Tecnologies S.L.. You agree not to display or use these trademarks in any manner without Ebikemotion’s prior, written permission. The section titles and numbering of this EULA are displayed for convenience and have no legal effect.