Please read carefully the terms and conditions of this End User License Agreement (hereinafter the "EULA" or "agreement") before downloading, installing or using this application (entitled „Pijto“; hereinafter „Software“) provided by Ing. Stepan Kouba, residing in the Czech Republic (hereinafter "Developer"). This is a legal agreement between Developer and you regarding your use of Software and all data or content that is accessed or utilised by the Software. By installing or using the Software you agree that you have read and understand this EULA and agree to be bound by the terms and conditions thereof. If you do not agree to this EULA, you are not entitled to use the Software and you are obliged to uninstall the Software from any devices on which it is installed; any use of the Software by you under these circumstances will be considered a violation of Intellectual property laws and may subject you to civil and/or criminal penalties.
License. Subject to your compliance with the terms and conditions of this EULA, Developer hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to install and use one copy of the Software on a single device that you own and control – cell phone, tablet, mp3 player (enabling download from AppStore and/or Google Play) or similar device (hereinafter the „device“), solely for your personal use. You are entitled to make a single backup copy of the Software on your personal computer. Developer reserves all rights in the Software not expressly granted to you in this EULA. With respect to any third party software that may be incorporated with or into the Software, you acknowledge and agree that your use of such third party software shall also be subject to its respective usage and privacy terms.
License Restrictions. Except as expressly specified in this EULA, you are not allowed to: (a) copy, modify, adapt, translate the Software to any language, or (b) transfer, lease, lend, sublicense, or otherwise distribute the Software without the prior written consent of Developer. Any attempted sublicense or transfer in violation of this EULA is void. You acknowledge and agree that portions of the Software, including, without limitation, its source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Developer and its licensors. You further agree not to disassemble, decompile or otherwise reverse engineer any components of the Software in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by applicable law.
Ownership. The Software is licensed, not sold to you under this EULA. You have no ownership rights in the Software. You acknowledge and understand that Developer owns all right, title and interest in the Software, including without limitation all intellectual property rights therein. All rights in the third party software, including all ownership rights are reserved and remain with such third parties.
Modification of These Terms. Developer reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If this EULA is materially modified, Developer will post the updated EULA by reasonable means now known or hereafter developed. Developer will also update the "Last Updated Date" at the end of this agreement. By continuing to use the Software after Developer has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to uninstall the Software. This Agreement will also govern any software upgrades and/or updates provided by Developer that upgrade and/or supplement the Software.
Updates and Support. The Software may automatically download and install updates issued by Developer, from time to time. You agree to receive such updates (and permit Developer to deliver these to you) as part of your use of the Software. Your recourse if you are unhappy with any of the modifications to the Software is to uninstall the Software.
Personal Information. By using the Software you agree to the collection, retention and processing of your personal data and other data by Developer upon conditions set out in Privacy Policy of Developer, available at www.pijto.com. If you believe that your legal or privacy right has been violated while using the Software or Third Party Software, please report such matters to Developer at your earliest convenience. Developer will, at its discretion, examine your complaint and take commercially reasonable efforts to attempt to resolve the issue.
Responsibility for Content. The Software enables to post, display and share content generated by yourself as user (images, etc.) and you are solely responsible for all such content and for any consequences thereof. By using your content in connection with the Software, you represent and warrant that you own and/or have all necessary rights to such content to use it as contemplated by the Software. You retain all right, title and interest in your content, including all intellectual property rights. All the content you submit, post, or display could be viewed by other users of the Software or through web access by third parties. You must not post content that (i) is sexually explicit, harassing, abusive, or constitutes spam, (ii) is in breach of the rights of any third party, including copyright, trademark, privacy, and publicity rights or is in breach of any other applicable laws and regulations, (iii) impersonates another person or entity in a manner that does or is intended to confuse, mislead, or deceive others, and/or (iv) is in any other way objectionable. You hereby acknowledge and agree that the content posted and/or shared via the Software may be (will be) monitored by Developer either by its own inducement or upon objections of other users/third parties and in case such content was found objectionable, it could/would be deleted and you could be excluded from use of the Software without any remedy upon sole decision of Developer. You hereby further acknowledge and agree that Developer and/or moderators (i.e. persons with special administrator rights granted by Developer) are authorised to flag and/or remove inappropriate content and/or delete offensive users (inter alia by either (i) removal of the post, (ii) removal of the comment to any post, or (iii) removal of the whole offensive/abusive user´s profile). You, as user of the Software, can flag objectionable content and report objectionable content and/or user(s) generating such content to the Developer by one of the features of the Software. You, as user of the Software, can also block abusive user(s). Developer will react within 24hours on objectionable content/abusive user(s) reports and will remove such objectionable content and delete abusive user (or user generating the objectionable content respectively) within aforementioned period. You hereby also acknowledge and agree that if you violate the terms of this EULA, you might be excluded from use of the Software (by removal of your user profile) without any remedy upon sole decision of Developer.
Disclaimer of Warranty. You expressly acknowledge and agree that use of the Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. The Software is provided to you on an "as is" basis, with all faults and without warranty of any kind. Developer disclaims all warranties and conditions to the extent permitted by applicable laws, with respect to the Software, express or implied, including but not limited to any conditions and implied warranties of merchantability, fitness for a particular purpose, and any warranties and conditions arising out of course of dealing or usage of trade. Developer does not represent or warrant that the Software or any third party software will meet your requirements or will be error free or that any errors will be corrected, Developer further does not warrant the accuracy, timeliness, completeness, or adequacy of the Software, any third party software and any data accessed therefrom and that the operation of the Software or any third party software will be uninterrupted. Some jurisdictions do not allow the exclusion or limitation of certain warranties, so some of the above exclusions may not apply to you.
Legal Compliance. You agree to comply fully with all applicable export laws (including but not limited to U.S. export laws) and regulations to ensure that neither the Software nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By downloading and using the Software, you further represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government or EU embargo or that has been designated by the U.S. Government or by EU as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government or EU list of prohibited or restricted parties.
Limitation of Liability. To the extent not prohibited by law in no event will Developer be liable to you for personal injury and/or any special, indirect, incidental, consequential, exemplary or punitive damages, including but not limited to damages for lost data, lost profits, loss of goodwill, lost revenue, service interruption, computer damage or system failure or costs of procurement of substitute goods or services, arising out of or in connection with this EULA or the installation or use of or inability to use the Software. Notwithstanding anything to the contrary contained herein, in no event shall Developer´s aggregate liability for any claim arising out of or related to this EULA, to the fullest extent possible under applicable law, exceed the amount paid, if any, by you for the Software. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
Indemnity. You shall indemnify and hold Developer harmless from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from (i) your use of the Software, (ii) your failure to comply with any term of this EULA; and (iii) any claim that your content infringes the intellectual property rights or other rights of a third party.
Term and Termination. Your license to use the Software under this EULA shall continue until it is terminated by either party. Your rights under this license will terminate automatically without notice from the Developer if you fail to comply with any term(s) of this EULA. You may terminate this EULA at any time, by discontinuing the use of all or any of the Software and by destroying all copies of the Software in your possession and control. Upon termination, you shall cease all use of the Software and promptly destroy all copies of the Software in your possession or control.
Miscellaneous. This EULA and all the policies referenced herein constitute the entire agreement between Developer and you concerning the subject matter hereof, and it may only be modified by a written amendment (without prejudice to stipulations of „Modification of These Terms“ section hereinabove). This EULA shall be governed by and interpreted under the laws of the Czech Republic, without regard to its conflicts of laws provisions. All actions relating to this EULA and the Customized Software shall be brought in the competent court in the Czech Republic. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If any provision of this EULA shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions. Except as otherwise required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. You do not have any authority to create any obligation or make any representation on Developer ´s behalf.
End-User Terms required by Apple Inc. (applicable if you download the Software on AppStore) You acknowledge and agree that (i) this EULA is concluded between Developer and you, and not with Apple Inc.; (ii) Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Software; (iii) in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple Inc., and Apple Inc. will refund the purchase price for the Software to you and to the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Developer ´s sole responsibility; (iv) Developer, not Apple Inc., is responsible for addressing any of your claims or any third party claims relating to the Software or your possession and/or use of the Software, including, but not limited to: a) product liability claims; b) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and c) claims arising under consumer protection or similar legislation; (v) in the event of any third party claim that the Software or the your possession and use of the Software infringes that third party’s intellectual property rights, Developer, not Apple Inc., will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (vi) Apple Inc., and its subsidiaries, are third party beneficiaries of the EULA, and upon your acceptance of the terms and conditions of the EULA, Apple Inc. will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
End-User Terms required by Google Inc. (applicable if you download the Software on Google Play) You acknowledge and agree that (i) this EULA is concluded between Developer and you, and not with Google Inc.; (ii) Google Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Software; (iii) in the event of any failure of the Software to conform to any applicable warranty, you may notify Google Inc., and Google Inc. will refund the purchase price for the Software to you and to the maximum extent permitted by applicable law, Google Inc. will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Developer ´s sole responsibility; (iv) Developer, not Google Inc., is responsible for addressing any of your claims or any third party claims relating to the Software or your possession and/or use of the Software, including, but not limited to: a) product liability claims; b) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and c) claims arising under consumer protection or similar legislation; (v) in the event of any third party claim that the Software or the your possession and use of the Software infringes that third party’s intellectual property rights, Developer, not Google Inc., will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (vi) Google Inc., and its subsidiaries, are third party beneficiaries of the EULA, and upon your acceptance of the terms and conditions of the EULA, Google Inc. will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
Contact Us. If you have any questions, complaints and/or claims, you may contact Developer at:
Ing. Stepan Kouba
Tel: + 420 602 286 453
E-mail: stepan@pijto.com
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Last Updated Date: April 28, 2016