EndUser License Agreement (“Agreement”)
Last updated 2019-08-19
Please read this EndUser License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using ‘paceUP!’ (“Application”). By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.
- Acknowledgement: UP! International AB and You as the end-user acknowledges that this Agreement is concluded between UP! International AB and the end-user only, and not with Apple, and UP! International AB, not Apple, is solely responsible for the Application and the content thereof.
- Scope of License: UP! International AB grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. The Licensed Application can be used on any iPhone, iPad or iPod touch that the end-user owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Restrictions: You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- Modifications to Application: UP! International AB reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
- Maintenance and Support: UP! International AB is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this Agreement, or as required under applicable law. UP International AB and you as the end-user acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
- Warranty: UP International AB is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Application to that end-user. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be UPI International AB’s sole responsibility.
- Product Claims: UP! International AB, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the Application or the end-user’s possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Intellectual Property Rights: UP! International and you as the end-user acknowledge that, in the event of any third party claim that the Application or the end-user’s possession and use of that Application infringes that third party’s intellectual property rights, UP! International AB, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: You as the end-user represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Third Party Beneficiary: UP! International AB and You as the end-user acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement. Upon the end-user’s acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against the end-user as a third party beneficiary thereof.
- Term and Termination: This Agreement shall remain in effect until terminated by you or UP! International AB. UP! International AB may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from UP! International AB, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
- Severability: If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
- Amendments to this Agreement: UP! International AB reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 7 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
- Contact Information: If you have any questions or claims related to this Agreement please contact; UP! International AB, 7A Odenplan, Norrtullsgatan 6, 113 29 Stockholm, SWEDEN, or mailto: email@example.com.