End-User License Agreement (EULA) of PoubelleLux
This End-User License Agreement (“EULA”) is a legal agreement between you and IPLANUX S.à R.L.-S., 16 rue de Bascharage, L-4960 Clemency, Luxembourg, firstname.lastname@example.org.
This EULA agreement governs your acquisition and use of our PoubelleLux software (“Software”) directly from IPLANUX S.à R.L.-S. or indirectly through a IPLANUX S.à R.L.-S. authorized reseller or distributor (a “Reseller”).
Please read this EULA agreement carefully before completing the installation process and using the PoubelleLux software. It provides a license to use the PoubelleLux software and contains warranty information and liability disclaimers.
By clicking “accept” or installing and/or using the PoubelleLux software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by IPLANUX S.à R.L.-S. herewith regardless of whether other software is referred to or described herein. The terms also apply to any IPLANUX S.à R.L.-S. updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
IPLANUX S.à R.L.-S. hereby grants you a personal, non-transferable, non-exclusive licence to use the PoubelleLux software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the PoubelleLux software on a mobile under your control. You are responsible for ensuring your device meets the minimum requirements of the PoubelleLux software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- Use the Software for any purpose that IPLANUX S.à R.L.-S. considers as a breach of this EULA agreement
Intellectual Property and Ownership
IPLANUX S.à R.L.-S. shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of IPLANUX S.à R.L.-S.
IPLANUX S.à R.L.-S. reserves the right to grant licences to use the Software to third parties.
The End-User must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
Limitation of liability and warranty
IPLANUX S.à R.L.-S. PROVIDES THE SOFTWARE AND CONTENT INCLUDED THEREIN FOR USE ON AN AS IS AND AS AVAILABLE BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION, AND WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
Additionally and without derogating from the above clause, IPLANUX S.à R.L.-S. disclaims any warranty for the accuracy of the information presented in or by the software.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of the software and that the use of the software is entirely at your own risk.
IPLANUX S.à R.L.-S. exerts efforts to provide you with high quality and satisfactory software. However, We do not warrant that the software will operate in an uninterrupted or error-free manner, or that it will always be available free from all harmful components, or that it is safe, secured from unauthorised access, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures.
IPLANUX S.à R.L.-S., INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY ORTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SOFTWARE, OR FROM ANY FAILURE, ERRORS, OR BREAKDOWN IN THE FUNCTION OF THE SOFTWARE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING IN ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SOFTWARE OR WITH OTHER USERS ON OR THROUGH THE SOFTWARE OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNTS, OR FROM RETENTION, DELETION, DISCLOSURE ANY ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SOFTWARE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SURE ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to IPLANUX S.à R.L.-S.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Luxembourg.