USER LICENCE AGREEMENT
FOR MOBILE APPLICATION E100 Mobile
Each download, installation, launch and use of the Mobile Application or its individual functionalities, services and tools (hereinafter referred to as – the “Functionality”) is deemed to be the complete and unconditional acceptance by the User of the provisions of this Agreement in the version in effect at the time of the actual use of the Mobile Application, as well as the conclusion of the Agreement by joining it.
Subject of the Agreement
- The Company grants the User a non-exclusive licence to download, install (reproduce), launch and then use the Mobile Application subject to the User's compliance with the terms and restrictions specified in this Agreement.
During the validity period of the Agreement, the User is granted the right to use the Mobile Application in the following ways (hereinafter – “use of the Mobile Application”, “the right to use the Mobile Application”):
- use the Mobile Application for its direct functional purpose, installing the Mobile Application an unlimited number of times on an unlimited number of devices belonging to the User, provided that the Mobile Application is retained completely in the form presented in the corresponding application store (Google Play/App Store);
- use the functionality, services and tools supported in the Mobile Application for unauthorised users and authorised users with a login and password for authorisation;
- get access to the installation and use of new versions of the Mobile Application (as soon as they are released).
- The territory of use of the Mobile Application: all countries in which the Mobile Application operates on the User's device.
- No fee is charged for using the Mobile Application under the terms and conditions of this Agreement. The use of the Mobile Application on terms and in ways not provided for by this Agreement is only possible in the manner and on the terms stipulated by a separate written agreement with the Company.
- Legislative acts on the protection of intellectual property protect the Company's rights to the Mobile Application. The User does not acquire any exclusive rights to the intellectual property contained in the Mobile Application.
- General Provisions
- The User receives the right to use the Mobile Application from the moment it is installed on the device through the application store (Google Play/App Store), which also means that the Company has duly fulfilled the obligation to transfer the right to use the Mobile Application to the User.
- The User confirms that it has all the necessary rights and powers to conclude the Agreement on the use of the Mobile Application and its execution.
- The use of the Mobile Application is only possible when the User agrees fully with the terms and conditions of the following rules and agreements:
- the regulations, rules and policies of the respective application store (Google Play/App Store);
- The User confirms that the execution of commands of the Mobile Application using the application store is one of the ways to enter into agreements required to use the functionality, services and tools available to the Users. The User hereby confirms that it is familiar with and undertakes to comply with the terms and conditions of these agreements and documents. Documents (including any of their parts) may be amended without any special notice; a new edition of the documents comes into force from the moment of their publication, unless otherwise specifically provided for in the edition of the document.
- To use the Mobile Application fully, the User needs to log in by using the provided login and password. Access for authorisation in the Mobile Application can be configured in the Client's Personal Account of the E100 System on the website e100.eu. Some Functionalities of the mobile application can only work with access to the internet; the User provides the required access to the internet independently and at its own expense.
- The information available to the User in the Mobile Application within the framework of the authorised user is provided by partners of the Company. The Company is not responsible for the content and/or relevance of the information provided by its partners. The interaction of the User regarding the purchase of goods and/or services in the E100 System is carried out by the User independently (without the participation of the Copyright Holder) in accordance with the accepted rules for the provision of services in the E100 System.
- The User is responsible for the safety of the login and password used for authorisation in the Mobile Application from third parties. All actions performed in the Mobile Application using the User's login and/or password are considered actions of the User. The User is fully responsible for actions committed by third parties using the Mobile Application, as well as for damage caused by third parties, including damage to the Mobile Application and/or the Company.
- The User unconditionally agrees that the Company and its partners may inform the User about the procedure and methods of using the Mobile Application, about the marketing, advertising and other events held by the Company and its partners. Acceptance of the terms of this Agreement means the unconditional consent of the User with the specified right of the Company and its partners, including the unconditional consent of the User to receive these messages.
Use Restrictions of the Mobile Application
The User is prohibited from taking the following actions without the prior written consent of the Company:
- grant the rights to the Mobile Application to any third parties in any way;
- modify, create similar software independently or with the help of third parties, fully or partially, improve, translate into other languages, perform engineering analysis, including in order to reproduce, decompile, reverse-assemble, decode, perform emulation, violate the integrity of the security system, restore or attempt to restore the source code or protocols of the Mobile Application or any of its parts or Functionality;
- delete, hide and modify notices of the exclusive rights of the Company available in the Mobile Application;
- reproduce design elements or user interface of the Mobile Application independently or with the help of third parties, as well as use the Mobile Application, any of its parts or Functionality as part of commercial products, services or offers;
- carry out a comparative analysis of the Mobile Application independently or with the help of third parties, publishing the results of such analysis, and also use the mentioned results for competing software development activities.
- The User is prohibited from taking the following actions without the prior written consent of the Company:
Mobile Application Development and Its Performance Guarantee
- The Company, at its sole discretion, makes changes, modifies the Mobile Application, expands its Functionality or terminates the development and technical support of the Mobile Application without prior notice. The Company is not obliged to provide support, maintenance, updates, modifications or new versions of the Mobile Application.
- The Company may suspend access to the Mobile Application for the User, including due to the conducting of technical works.
Any version of the Mobile Application is provided “as is”, which means that the Company does not provide any guarantees with respect to the Mobile Application or its Functionality, in particular, the Company does not guarantee that:
- the Mobile Application, its Functionality, their direct or indirect effect and quality will meet the requirements and goals of the User;
- the operation of the Mobile Application, its Functionality will be provided continuously, reliably and without errors;
- the results that will be obtained through the use of the Mobile Application, its Functionality, will be accurate, reliable and meet the expectations of the User.
- The Company may designate the Mobile Application or its Functionality as a beta version (hereinafter - the “Beta version”). The Beta version is provided to Users in order to conduct testing, identify possible malfunctions and inaccuracies, receive feedback and expectations from Users.
- Regardless of the test results, the Company is not obliged to make the Beta version available for general use. The User does not provide any services to the Company - the User takes part in testing the Beta version on a voluntary basis and may not demand any compensation and/or remuneration arising from such participation, including for providing the Company with revealed shortcomings, its expectations and feedback related to the Beta version.
Personal Data Processing
- The Agreement is considered to be concluded at the moment of installing the Mobile Application on the device and is valid until the complete removal of the Mobile Application from the device. The User has the right to unilaterally refuse to execute this Agreement at any time by completely removing the Mobile Application from its device.
- The validity period of the licence is equal to the validity period of the Agreement; upon termination of the Agreement, the User loses the right to use the Mobile Application.
- The licence to use the Mobile Application on the User's device in accordance with the conditions set forth in the text of this Agreement may be cancelled by the Company completely at any time.
- The Company is not liable to the User for any damage associated with the use of the Mobile Application or with the inability to use it, including due to possible errors or malfunctions.
- This Agreement and all relations regarding the use of the mobile application are governed by the valid legal enactments of the Republic of Belarus.
- All disputes under this Agreement are resolved by the Parties through negotiations. If it is impossible to resolve disputes through negotiations, they are subject to consideration by the Judicial Collegium for Intellectual Property of the Supreme Court of the Republic of Belarus.
The applicable law is the law of the Republic of Belarus.
- The Company may introduce amendments to the Agreement unilaterally. Such amendments come into force from the date of their publication on the website e100.eu or in the Mobile Application, unless otherwise expressly indicated by the Company.