END USER LICENSE AGREEMENT – CONSUMERS
This End User License Agreement (the “Agreement”) applies between Stampr Loyalty AB (“Regulars”) and the private individual that installs, uses or otherwise access the Software.
For the purposes of this Agreement, "Software" means all software programs and services made available by Stampr. Software also includes updates and upgrades as well as any accompanying manual(s), packaging and other written, files, electronic or online materials or documentation, and any and all copies of such software and its materials.
By installing, using or accessing the Software you accept the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not install, use or access the Software.
1. Title to the Software
The Software is being licensed to you and you acknowledge that any and all rights not explicitly granted under this Agreement are reserved by Regulars and/or its licensors.
Regulars and/or its licensors retain all right, title and interest to the Software. The Software may not be copied, reproduced or distributed in any manner or medium without Regulars prior written consent (unless expressly authorised by mandatory laws).
2. Grant of license
Regulars grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to install, access and use the Software for your personal, non-commercial purposes. Your acquired rights are subject to your compliance with this Agreement.
3. License term
The term of your license under this Agreement shall commence on the date that you install or otherwise access or use the Software and ends on the earlier date of your disposal of the Software or Regulars termination of this Agreement.
4. License conditions
Except as otherwise expressly set out in this Agreement, you agree not to: (a) distribute, lease, license, sell, rent, or otherwise transfer or assign the Software, any passwords or usernames, without Regulars prior written consent; (b) make a copy of the Software or any part thereof; (c) make a copy of the Software publicly available or available on a network for use or download by multiple users; (d) use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one (1) computer at the same time; (e) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Software (unless expressly authorised by mandatory laws); (f) remove or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Software; or (g) use the Software to create, publish or otherwise distribute information that is in breach of applicable laws.
5. Use of data and processing of personal data
Subject to what is set out below, Stampr may freely, without any limitations, use facts and data provided or otherwise generated by your use of the Software for statistic purposes or any other purposes.
6. Access control
The Software may include measures to control access to the Software, prevent unauthorised copies, or otherwise attempt to prevent anyone from exceeding the limited rights granted under this Agreement. You must not interfere with such access control measures or attempt to disable or circumvent such features. If you tamper with the technical protection measures, the Software may not function properly.
7. No warranty
The Software is provided to you “as is” without performance assurance or warranty of any kind. You install, access and use the Software at your sole risk. Regulars will remedy defects in the Software at its own discretion by providing updates and/or new versions of the Software.
8. Content liability
Please note that the content published or otherwise distributed through the Software may be provided by third parties. Regulars is not liable for such third party content or any content created by your use of the Software or for any distortion, abuse or loss of such content.
9. Third party terms and conditions
Please note that your access to and use of the Software may be subject to certain third party terms and conditions and privacy policies, including but not limited to application stores, mobile software platforms, online gaming platforms, social networking services and payment providers. You acknowledge and agree that Regulars is not liable for any such third party terms and conditions and their use of your personal data.
10. Limitation of liability
Regulars shall not be liable for damages resulting from use or malfunction of the Software, including computer failure and loss of data.Please note that your access to and use of the Software may be impaired due to technical failures in communication networks, viruses, unauthorized access to the Software or other circumstances beyond Regulars reasonable control and that Regulars is not liable for any damage caused by such circumstances. In any event, Regulars total liability under this Agreement shall not exceed the actual price paid by you for use of the Software.The limitations of liability under this section 10 will not apply in case Regulars has caused damage by intent or gross negligence.In case you create or publish unlawful content by use of the Software, or otherwise in case of your breach of this Agreement, you agree to indemnify, defend and hold Regulars and its partners harmless from and against any and all damages.
11. Mandatory laws apply
Nothing in this Agreement shall be construed as to limit your rights or Regulars liability under mandatory laws.
12. Termination and effects of termination
You may terminate this Agreement by disposal of the Software. However, this Agreement and your license to use the Software will automatically expire in case you are in breach of this Agreement.Upon termination of this Agreement (for any reason) you must cease and desist from accessing the Software and uninstall or destroy any and all copies of the Software.
13. Governing law and dispute resolution
This Agreement is governed by the laws of Sweden without reference to its choice of law rules. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or validity thereof shall be finally settled by the competent courts of Sweden where the district court of Stockholm shall be the first instance.
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