naft - EULA

1. OVERVIEW

This EULA agreement is a binding agreement, entered into by and between Philip Lindner, registered address Donaufelder Strasse 150, 1220 Vienna, AT ("Philip Lindner") and you, and is made effective as of the date you download, install or use the Application naft ("Application") or from the date of your electronic acceptance.

This EULA agreement sets forth the general terms and conditions of your use of the Application, provides a license to use Philip Lindner Application and contains liability disclaimers. This EULA agreement’s terms also apply to any Application update, upgrade, internet-based service, and support service for the Application. Whether you are acquiring Application directly from Philip Lindner or through Philip Lindner authorized reseller your electronic acceptance of this EULA agreement signifies that you have read, understand, acknowledge, and agree to be bound by this EULA agreement.

The terms "we", "us" or "our" shall refer to Philip Lindner. The terms "you", "your", or "User" shall refer to any individual or entity who accepts this EULA agreement, uses our Application, or has access to our Application.

Philip Lindner may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting. Your use of this Application after such changes or modifications have been made shall constitute your acceptance of this EULA agreement as last revised.

BY DOWNLOADING /INSTALLING /USING THE APPLICATION YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA AGREEMENT AS LAST REVISED, DO NOT DOWNLOAD, INSTALL, USE (OR CONTINUE TO USE) OUR APPLICATION.

2. ELIGIBILITY

Our Application is available only to Users who can form legally binding contracts under the applicable law. By downloading or using this Application, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or using the Application e under the laws of the Austria or other applicable jurisdiction.

If you are entering into this EULA agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this EULA agreement, in which case the terms “you”, “your”, or “User” shall refer to such corporate entity. 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 Application, and you must not accept this EULA agreement. If, after your electronic acceptance of this Agreement, Philip Lindner finds that you do not have the legal authority to bind such a corporate entity, you will be personally responsible for the obligations contained in this EULA agreement.

3. LICENSE GRANT

Subject to the terms of this EULA Agreement Philip Lindner hereby grants you a personal, revocable, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use the Philip Lindner Application on your own, non-commercial use devices in accordance with the terms of this EULA agreement. The Application is being licensed to you and you hereby acknowledge that no title or ownership of the Application is being transferred or assigned to you and this EULA agreement is not to be construed as a sale of any rights of the Application.

You are permitted to load the Philip Lindner Application (for example on a mobile, tablet or laptop) under your control. You are responsible for ensuring your device meets the minimum requirements of the Philip Lindner Application.

5. INTELLECTUAL PROPERTY

No part of this EULA agreement is or should be interpreted as a transfer of intellectual property rights. Philip Lindner shall retain ownership of the Application as originally downloaded by you and all subsequent downloads of the Application by you. The Application (and the copyright, and other intellectual property rights of whatever nature in the Application, including any modifications made thereto) are and shall remain the property of Philip Lindner.

In addition to the general rules above, the provisions in this Section apply specifically to your use of Philip Lindner content used in the Application (Philip Lindner content). Philip Lindner content used in this Application, including without limitation the text, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive features and the trademarks, service marks, and logos contained therein, are owned by or licensed to Philip Lindner in perpetuity, and are subject to copyright, trademark, and/or patent protection.

Philip Lindner content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Philip Lindner. No right or license under any copyright, trademark, patent or other proprietary right or license is granted by this EULA agreement.

6. COLLECTION AND USE OF YOUR INFORMATION

You acknowledge that when you download, install, or use the Application, Philip Lindner may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality. All information we collect through or in connection with this Application is subject to our Privacy policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

7. UPDATES

Philip Lindner may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Philip Lindner has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

8. THIRD-PARTY MATERIALS

The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Philip Lindner is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Philip Lindner does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties terms and conditions.

9. USER SUBMISSIONS

With Respect to User Submissions, you acknowledge and agree that:

your User Submissions are entirely voluntary,
your User Submissions do not establish a confidential relationship or obligate Philip Lindner to treat your User Submissions as confidential or secret.
Philip Lindner has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.

Philip Lindner shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions provided to the Philip Lindner and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to or through the Software for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

10. DISCLAIMER OF WARRANTIES

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY Philip Lindner, APPLICATION IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND DEFECTS AND Philip Lindner, MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT, OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN AS SET FORTH IN THIS EULA AGREEMENT.

Philip Lindner MAKES NO WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS APPLICATION AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. Philip Lindner MAKES NO WARRANTIES THAT THE OPERATION OF THE APPLICATION WILL BE SECURE, ERROR-FREE, OR FREE FROM INTERRUPTION.

NO ORAL OR WRITTEN ADVICE PROVIDED BY Philip Lindner OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL Philip Lindner, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THIS AGREEMENT, (II) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS APPLICATION, (III) OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE APPLICATION, WHEATHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF Philip Lindner OR ANY OTHER PARTY, EVEN IF Philip Lindner IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL Philip Lindner’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THIS LIMITATION APPLIES, BUT IT IS NOT LIMITED TO ANYTHING RELATED TO THE APPLICATION, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE APPLICATION. YOU AGREE THAT THE PROVISIONS IN THIS EULA AGREEMENT THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THIS EULA AGREEMENT.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT.

12. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Philip Lindner and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Philip Lindner directly or indirectly arising from (i) your use of the Application; (ii) your violation of any provision of this Agreement; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of Application.

13. AVAILABILITY OF APPLICATION

Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Application on 24/7 basis. You acknowledge and agree that from time to time this Application may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.

You acknowledge and agree that we have no control over the availability of this Application on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto.

14. TERMINATION

This EULA agreement is effective from the date you first download, install or use the Application and shall continue until terminated. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

This EULA agreement will also be terminated 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 Application. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Philip Lindner reserves the right to cease offering or providing Application at any time, for any or no reason, and without prior notice. Although Philip Lindner makes a great effort to maximize the lifespan of the Application, it might be, that the Application we offer will be discontinued. If that is the case, this EULA agreement will be terminated, and the Application will no longer be supported by Philip Lindner.

Upon termination, all rights granted to you under this EULA agreement will also terminate and you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

15. COMPLIANCE WITH LOCAL LAWS

Philip Lindner makes no representation or warranty that all the content available on this Application is appropriate in every country or jurisdiction and use of this Application from countries or jurisdictions where its content is illegal is prohibited. Users who choose to use this Software are responsible for compliance with all local laws, rules, and regulations.

19. SEVERABILITY

Each covenant and agreement in this EULA agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this EULA agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this EULA agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

MOBILE APPLICATION END-USER LICENSE AGREEMENT (EULA)