APPLICATION LICENSE TERMS (WINDOWS PHONE STORE)
DREAM BROKER MOBILE APPLICATION
These license terms are an agreement between you and the application provider. Please read them carefully. They apply to the software application you download from the Windows Phone Store including any updates or supplements for the applications, unless the application comes with separate terms, in which case those terms apply. BY DOWNLOADING OR USING THE APPLICATION, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU DO NOT HAVE RIGHTS TO AND MUST NOT DOWNLOAD OR USE THE APPLICATION.
The application provider means Dream Broker Ltd, the entity licensing the application to you, as identified in the Windows Phone Store.
If you accept and comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use one copy of the application on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store.
2. INTERNET-BASED SERVICES.
a. Consent for Internet-Based or Wireless Services. The use of the application requires your organization to have a valid software service agreement with application provider or any of its group companies to use the Internet-based services (“Services”) and you to have a valid user license based on the software service agreement. The purpose of the application is to enable you to access the Services with your personal mobile device. You will agree to use the Services in accordance with the license under the software service agreement. Your use of the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system and application software, and peripherals) for Internet-based or wireless services. Also, if other terms are provided in connection with your use of the services, those terms also apply.
b. Availability of Internet-based Services. Application provider will not warrant that this application will enable you to access the Services and therefore you expressly acknowledge and agree that use of the application is at your sole risk. The application and all related documentation thereof are provided ”as is” and without warranty or representation of any kind. This application and the use of this application do not affect in any way the contents of the Services, which are agreed in the software service agreement. Internet-based or wireless services that may be accessed from, displayed on or linked to from your mobile devices may not be available in all languages or in all countries. The application provider makes no representation that such services and materials are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The application provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any services at any time without notice. In no event will the application provider be liable for the removal of or disabling of access to any such services. The application provider may also impose limits on the use of or access to certain services, in any case and without notice or liability.
c. Misuse of Internet-based Services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account or network by any means.
3. SCOPE OF LICENSE. The application is licensed, not sold. This agreement only gives you some rights to use the application. If Microsoft disables the ability to use the applications on your devices pursuant to your or application provider´s agreement with Microsoft, any associated license rights will terminate. Application provider reserves all other rights. The application provider reserves also the right to modify or terminate your access to the Service via mobile application for any reason, without notice, at any time, and without liability to you. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the application that only allow you to use it in certain ways. You may not:
• work around any technical limitations in the application;
• reverse engineer, decompile or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the application than specified in this agreement or allowed by applicable law, despite this limitation;
• publish or otherwise make the application available for others to copy;
• rent, lease or lend the application; or
• transfer the application or this agreement to any third party.
When you use the Internet-based Services, you may provide the application provider with your material or content. You are solely liable for the material or content that you have submitted or displayed by using the application or Service. You shall ensure that any such material or content do not cause any disruption to the Service or the availability thereof, be in offence of good moral or the applicable legislation or authority decisions or recommendations, or infringe any intellectual property rights. For the sake of clarity you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive content via the Service. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Service and content submitted by you.
If the application provider claims that such forbidden material or content has been displayed or saved or you otherwise violate terms related to the application or the Services (incl. this agreement), the application provider has a right in its sole discretion (but no obligation) to remove, block or monitor such material or content or prevent the use of the Service, without notifying you thereof, and by using whatever measure available.
You are liable for the loss or delay of the material or content or any changes thereto as well as for any claims or disputes arising out of such material or content and the damages relating to such material and content.
4. DOCUMENTATION. If documentation is provided with the application, you may copy and use the documentation for your internal purposes.
5. EXPORT RESTRICTIONS. The application is subject to Finnish export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Application. These laws include restrictions on destinations, end users and end use. For information on Microsoft branded products, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Contact the application provider to determine if any support services are available. Microsoft, your phone manufacturer, and your wireless carrier are not responsible for providing support services for the application.
8. APPLICABLE LAW. Laws of Finland but excluding all the conflict of law rules as well as excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE APPLICATION IS LICENSED ”AS-IS,” ”WITH ALL FAULTS,” AND ”AS AVAILABLE.” YOU BEAR THE RISK OF USING IT. THE APPLICATION PROVIDER, ON BEHALF OF ITSELF, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE APPLICATION IS PROVIDED, AND EACH OF OUR RESPECTIVE AFFILIATES, VENDORS, AGENTS AND SUPPLIERS (“COVERED PARTIES”), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE APPLICATION. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, COVERED PARTIES EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE APPLICATION PROVIDER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATIONS OF THE APPLICATION WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE DEFECTS IN THE APPLICATION WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS, PERFORMANCE, CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY AND CURRENTNESS OF THE APPLICATION. SHOULD THE APPLICATION PROVE DEFECTIVE, INFECTED OR UNAVAILABLE, YOU SHALL ASSUME THE ENTIRE COSTS AND DAMAGES ARISING OUT OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICATION UPDATES MAY BE REQUIRED FOR PROPER PERFORMANCE.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM THE APPLICATION PROVIDER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE APPLICATION. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES FROM ANY COVERED PARTIES.
This limitation applies to:
• anything related to the application, services or content made available through the application; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if:
• repair, replacement or a refund for the application does not fully compensate you for any losses; or
• Covered Party knew or should have known about the possibility of the damages.
12. CONTACT INFORMATION: If you have any questions, complaints, claims or similar to present, you must contact the application provider. The contact information of the application provider is:
Dream Broker Ltd (Business ID 2092227-2)
Address: Energiakuja 3
Postal code: FIN-00180
Technical customer service / Helpdesk (tel.): +358 10 232 7771