TERMS / END USER LICENSE AGREEMENT
Globeracer Home and Globeracer Studio is licensed to You (End-User) by Globeracer AS, located at Kalfarveien 76, 5022 Bergen, Norway (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound
by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such
as warranty, liability, maintenance and support thereof. Globeracer AS, not Apple, is solely responsible for the licensed Application and the content
thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Globeracer AS acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
Globeracer Home and Globeracer Studio (the Globeracer Home and Globeracer Studio apps, hereinafter: Application) is a piece of software created to Motivate to exercise on a bicycle at home - and customized for Apple
mobile devices. It is used for display of bicycle films for indoor exercise on bicycles. Globeracer Studio features the ability to connect Watt monitors and Heart Rate monitors to the app
for display and logging of training data. It is possible to elect to publish the current watt and heart rate data to a Globeracer Cinematic Cycling big screen view at select training studio
locations. ..
2.1 You
are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products that You
(End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service.
2.2 This
license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such
update in which case the terms of that new license will govern.
2.3 You
may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Globeracer AS's
prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive
the source code of the Application, or any part thereof (except with Globeracer AS's prior written consent).
2.5 You
may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that
You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device
or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations
of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor
reserves the right to modify the terms and conditions of licensing.
2.8 Nothing
in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms
and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor
attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 Licensor
reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The
Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store
Overview for this licensed Application.
4.2 Globeracer AS and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and
support services with respect to the licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's
use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy.
6. LIABILITY
6.1 Licensor's
responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal
obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned
above does not apply to injuries to life, limb, or health.
6.2 Licensor
takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are
required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or
manipulations of the Application, You will not have access to licensed Application.
7. WARRANTY
7.1 Licensor
warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the
Application works as described in the user documentation.
7.2 No
warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably,
combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside
of Globeracer AS's sphere of influence that affect the executability of the Application.
7.3 You
are required to inspect the Application immediately after installing it and notify Globeracer AS about issues discovered without delay by e-mail
provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of seven (7) days after discovery.
7.4 If
we confirm that the Application is defective, Globeracer AS reserves a choice to remedy the situation either by means of solving the defect or
substitute delivery.
7.5 In
the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the
maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages,
liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
7.6 If
the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user.
The statutory periods of limitation given by law apply for users who are consumers.
Globeracer
AS and the End-User acknowledge that Globeracer AS, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or
the End-User's possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application's use of the
HealthKit and HomeKit.
9. LEGAL COMPLIANCE
You represent and warrant that You are 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 that You are not listed on any U.S. Government list of prohibited or restricted parties.
10. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
Globeracer AS
Kalfarveien 76
Bergen, __________ 5022
Norway
post@globeracer.com
11. TERMINATION
The license is valid until terminated by Globeracer AS or by You. Your rights under this license will terminate
automatically and without notice from Globeracer AS if You fail to adhere to any term(s) of this license. Upon License
termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Globeracer
AS represents and warrants that Globeracer AS will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries
of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right)
to enforce this End User License Agreement against You as a third-party beneficiary thereof.
13. INTELLECTUAL PROPERTY RIGHTS
Globeracer
AS and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on
the third party's intellectual property rights, Globeracer AS, and not Apple, will be solely responsible for the investigation,
defense, settlement and discharge or any such intellectual property infringement claims.
This license agreement is governed by the laws of Norway excluding its conflicts of law rules.
15.1 If
any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a
way that will achieve the primary purpose.
15.2 Collateral
agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.