END USER LICENCE AGREEMENT
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY BEFORE USING THE APPLICATION.
By downloading, using, or installing the Application from one of the Application Stores you agree to all of the terms of this Agreement.
This End User License Agreement (“EULA”) governs only your use of the Application ETolls EU, its` associated upgrades, patches, and updates, and related services (the “Product”) currently provided or which will be provided by DDM DIGITAL SOLUTIONS LTD, a company duly incorporated and existing under the laws of the Republic of Cyprus, with registration number НЕ 418762, having its registered office at Griva Digeni, 80 SWEPCO COURT 6, 2nd floor 3101, Limassol, Cyprus (“DIGITAL SOLUTIONS”).
DIGITAL SOLUTIONS reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described below in Section 9.
The parties of this EULA acknowledge that Application Stores are not a Party to this EULA and are not bound by any provisions or obligations with regard to the Application. DIGITAL SOLUTIONS, not Application Stores, is solely responsible for the Application and the content thereof.
This EULA may not provide for usage rules for the Application that conflict with the latest Apple Media Services Terms and Conditions available at https://www.apple.com/legal/internet-services/itunes/, and Google Play Terms of Service available at https://play.google.com/intl/en_uk/about/play-terms/ (“Application Stores` Rules”). In case the conflict between Application Stores` Rules and this EULA occurs, the Application Stores` Rules will prevail. By downloading, installing, and using the Application You acknowledge that You have read and have agreed on the Application Stores` Rules and on all internal documents of the Application Stores, the links to which are embodied in the Application Stores` Rules.
"Agreement" means this End-User License Agreement that forms the entire agreement between You and DIGITAL SOLUTIONS regarding the use of the Application. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third-party beneficiary relating to your use of the Application.
"Application" means the software program provided by DIGITAL SOLUTIONS, downloaded by You through an Application Store's account to a Compatible Mobile Terminal, named ETolls EU, helping you to form a request (to make an offer) to the country's official body in order to buy a digital vignette to be allowed to use payable highway of EU countries available at Application. Application is to be used on devices that operate with Apple's operating systems ('iOS') or Google's operating system ('Android').
"Application Store" means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
“Compatible Mobile Terminal” designates any portable device capable of connecting to the Internet to access the Products. The term Compatible Mobile Terminals covers in particular feature phones, smartphones, tablet computers, and personal digital assistants (PDAs).
“Third-Party Services" means any services or content (including data, information, applications, and other products services) provided by a third party that may be displayed, included, or made available by the Application.
2. GRANT OF LICENSE.
DIGITAL SOLUTIONS (or its licensors if applicable) grants You a revocable, non-exclusive, non-transferable, non-sublicensed, non-commercial, and personal license to download, install and/or use the Product (in whole or in part) strictly in accordance with the terms of this Agreement (the “License”), for such time until either You or DIGITAL SOLUTIONS terminates this EULA. You must in no event use, nor allow others to use, the Product or this License for commercial purposes without obtaining a license to do so from DIGITAL SOLUTIONS. Updates, upgrades, patches, and modifications may be necessary in order to be able to continue to use the Product on certain hardware. THIS PRODUCT IS LICENSED TO YOU, NOT SOLD.
You may only use the Application on a Compatible Mobile Terminal that You own or control and as permitted by the Application Stores` Rules.
You shall not, directly or indirectly:
sell, rent out, lease, license, assign, distribute, market, transmit, host, outsource, or otherwise exploit the Product or any of its parts commercially;
reverse engineer, translate, integrate, decompile, remove, modify, combine, disassemble, adapt, reproduce, or create derivate works or updates of, or attempt to derive the source code of the Product in whole or in part;
create, use and/or distribute “auto”, “trainer”, “script” or “macro” programs or other “cheat” or “hack” programs or software applications for this Product;
remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices, or labels contained on or within this Product, and
export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
You may not copy (excluding when expressly authorised by this Licence) or alter the Application or portions thereof. You may create and store copies only on Compatible Mobile Terminals that You own or control for backup keeping under the terms of this Licence, the Application Stores` Rules, and any other terms and conditions that apply to the Compatible Mobile Terminals or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to copies at any time. If you sell your Compatible Mobile Terminal to a third party, you must remove the Application from your Compatible Mobile Terminal before doing so.
While using the Product, You agree to comply will all applicable laws, rules, and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product (“Rules of Conduct”), which are not meant to be exhaustive and can be modified at any time by DIGITAL SOLUTIONS. In all cases, You may only use the Product according to the anticipated use of the Product. For example, for purposes, and without limiting DIGITAL SOLUTIONS’ rights to take action against You, You may not:
create, use, share and/or publish by any means in relation to the Product any material (text, words, images, files, etc.) which would breach a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software);
modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Product, or their accessibility to other users, or the functioning of the partner networks of the Product, or attempt to do any of the above;
transmit or propagate any virus, trojan horse, worm, bomb, corrupted file, and/or similar destructive device or corrupted data in relation to the Product, and/or organise, participate in, or be involved in any way in an attack on DIGITAL SOLUTIONS’ servers and/or the Product and/or those of its service providers and partners;
create, supply, or use alternative methods of using the Products;
transmitting or communicating any material or content which, in the sole and exclusive discretion of DIGITAL SOLUTIONS, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable;
make inappropriate use of the help service or the claim buttons or send untruthful reports to members of DIGITAL SOLUTIONS’ personnel;
falsely claim to be an employee or representative of DIGITAL SOLUTIONS or its partners and/or agents;
falsely claim an endorsement in connection with the Product or with DIGITAL SOLUTIONS.
Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
Nothing in this Licence 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.
All title, ownership rights, and intellectual property rights (copyrights, patents, trademarks, trade secrets, etc) in and to the Product (including, without limitation, software, any other parts (elements) of source and/or object code, tools, all text, graphics, all messages or items of information, and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are and shall remain in the sole and exclusive ownership of DIGITAL SOLUTIONS. The Product is protected by national and international laws, copyright treaties and conventions, and other laws. This Product may contain certain licensed materials and, in that event, DIGITAL SOLUTIONS’ licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without DIGITAL SOLUTIONS’s prior written permission and, if applicable, DIGITAL SOLUTIONS’ licensors’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to You are expressly reserved by DIGITAL SOLUTIONS.
This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.
4. ACCESS TO THE PRODUCT
Product Access. You can use the Product on a Compatible Mobile Terminal only. For usage of the Product You must have access to an electronic communication network. The connection costs (including but not limited to mobile providers’), shall be exclusively borne by You. You acknowledge that the quality of the Products and services provided through the Product, the response time, or access to certain features may depend on the capacities of Your Compatible Mobile Terminal and of the electronic communication network. DIGITAL SOLUTIONS may in no case be held responsible for reduced user comfort. You acknowledge that the Product may not be available for use on all mobile devices or network service providers.
5. USER-GENERATED CONTRIBUTIONS
The Application may invite you to chat with representative(s) of DIGITAL SOLUTIONS and may provide you with the opportunity to create, submit, publish, insert content and materials to us or in the Application, including but not limited to text, photographs, images, files (for example, files with digital vignettes purchased not with the help of Application), comments, suggestions, or personal information or other material (collectively, “Contributions”). When you create or make available to Us any Contributions, you thereby represent and warrant that:
The creation, submission, publishing, transmission of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
Your Contributions are not false, inaccurate, or misleading;
Your Contributions do not violate any applicable law, regulation, or rule;
Your Contributions do not violate the privacy or publicity rights of any third party;
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
Your Contributions do not otherwise violate or link to material that violates any provision of this EULA, or any applicable law or regulation.Any use of the Application in violation of the foregoing violates this EULA and may result in, among other things, termination or suspension of your rights to use the Application.
By posting your Contributions to any part of the Application, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to use, copy, reproduce, disclose, archive, store, translate, transmit, and distribute such Contributions for the purpose of fulfilment of the contract between You and DIGITAL SOLUTIONS; compliance of the legal obligation of DIGITAL SOLUTIONS.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
6. WARRANTY DISCLAIMER, LIMITATION OF LIABILITY.
YOU EXPRESSLY ACKNOWLEDGE THAT THE USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PRODUCT IS SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIGITAL SOLUTIONS, DIGITAL SOLUTIONS’ LICENSORS, AND ASSOCIATED SERVICE PROVIDERS DO NOT MAKE AND HEREBY DISCLAIM ANY GUARANTEES, CONDITIONS, WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY OR OTHER TERMS INCLUDING AS TO: (A) ITS CONFORMITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR SECURITY (B) ITS SUITABILITY FOR A PARTICULAR USE; (C) IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT; (D) ITS MARKET VALUE; OR (E) YOUR SATISFACTION. DIGITAL SOLUTIONS DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL DIGITAL SOLUTIONS, DIGITAL SOLUTIONS’ LICENSORS, AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR LOSS OR DAMAGE SUFFERED IN CONNECTION WITH THE USE OF THE PRODUCT OR ANY RELATED THIRD-PARTY SERVICE. THIS INCLUDES WITHOUT LIMITATION (A) ALL LOSSES OF ANY KIND, WHETHER IN TORT (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, (B) DIRECT LOSS; (C) ACCIDENTAL LOSS, (D) INCIDENTAL LOSS, (E) CONSEQUENTIAL LOSS, AND (F) INDIRECT LOSS.
NOTWITHSTANDING THE AFOREMENTIONED LIMITATIONS OF LIABILITY, YOUR SOLE REMEDY IN THE EVENT OF A DISPUTE WITH DIGITAL SOLUTIONS OR ITS LICENSORS, AND ASSOCIATED SERVICE PROVIDERS IS TO CEASE TO USE THE PRODUCT; AND IF APPLICABLE, SEEK DAMAGES FOR YOUR LOSSES. FOR ANY PRODUCT PURCHASED FOR USE ON A COMPATIBLE MOBILE TERMINAL THAT WOULD NOT MEET THE APPLICABLE LEGAL WARRANTIES, DIGITAL SOLUTIONS` LIABILITY IS LIMITED TO THE REFUND (DIRECTLY OR INDIRECTLY THROUGH ITS ASSOCIATED SERVICE PROVIDERS) OF THE PURCHASE PRICE OF THE PRODUCT OR THE AMOUNT ACTUALLY PAID THROUGH THE APPLICATION OR 30 EUR IF YOU HAVEN'T PURCHASED ANYTHING THROUGH THE APPLICATION. IN NO EVENT DIGITAL SOLUTIONS, ITS AFFILIATES, LICENSORS, AND ASSOCIATED SERVICE PROVIDERS BE LIABLE FOR DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO DIGITAL SOLUTIONS FOR THE PRODUCT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
NOTHING IN THIS SECTION SHALL AFFECT DIGITAL SOLUTIONS` LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM DIGITAL SOLUTIONS` NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FOR PURPOSES OF THIS SECTION, DIGITAL SOLUTIONS` LICENSORS, AND ASSOCIATED SERVICE PROVIDERS ARE THIRD-PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a User, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this Section shall be applied to the greatest extent enforceable under applicable law.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential, or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
You are solely responsible for any damage caused to DIGITAL SOLUTIONS, its licensors, and associated service providers and subcontractors, other users of the Product, or any other individual or legal entity as a result of Your violation of this EULA.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED DIGITAL SOLUTIONS AND ITS AFFILIATES, THEIR LICENSORS, AND ASSOCIATED SERVICE PROVIDERS AND THEIR SUBCONTRACTORS AGAINST ANY CLAIM OR ALLEGED CLAIMS, LIABILITIES, LOSSES DAMAGES, AND ALL COSTS (INCLUDING LAWYERS’ FEES), DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO YOUR FAULT AND/OR RESULTING FROM (A) A VIOLATION OF ANY PROVISION OF THIS EULA OR (B) YOUR USE OR MISUSE OF THE PRODUCT.
DIGITAL SOLUTIONS reserves the right to take sole responsibility, at its own expense, for conducting the defense of any claim for which You agreed to indemnify DIGITAL SOLUTIONS. The provisions of this Section shall remain in force after the termination of this EULA.
The EULA is effective from the earlier of the date You download, use, or install the Product until terminated according to its terms.
You and DIGITAL SOLUTIONS (or its licensors) may terminate this EULA, at any time, for any reason. Termination by DIGITAL SOLUTIONS will be effective upon (a) notice to You or (b) termination of Your DIGITAL SOLUTIONS Account or (c) at the time of DIGITAL SOLUTIONS` decision to discontinue offering and/or supporting the Product.
This EULA will terminate automatically if You fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, You must immediately uninstall the Product and delete all copies of the Product in Your possession.
9. CHANGES TO THIS EULA OR TO THE PRODUCT.
DIGITAL SOLUTIONS reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Product. You are responsible for checking this EULA periodically for changes. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of DIGITAL SOLUTIONS.
If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Section 9 and must immediately uninstall the Product and delete all copies of the Product. Your continued use of the Product following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
DIGITAL SOLUTIONS may modify the Product for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations, and/or resets to improve and/or optimize the Product. You agree that the Product may install or download the modifications automatically. You agree that DIGITAL SOLUTIONS may stop to support previous versions of the Product upon the availability of an updated version. DIGITAL SOLUTIONS’ associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Product. DIGITAL SOLUTIONS also reserves the right to amend the Rules of Conduct set out in Section 1 to place limits on the use of the Product.
DIGITAL SOLUTIONS reserves the right to suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
Severance. If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall not be affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable, and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable to reflect DIGITAL SOLUTIONS` initial intentions.
No Waiver. No failure or delay by DIGITAL SOLUTIONS (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by DIGITAL SOLUTIONS or by the User.
Law, Jurisdiction, and Dispute Resolution.
To the extent permitted by applicable law, this EULA, and any disputes or claims arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of laws. This EULA shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this EULA.
All arguments and disputes which may arise out of or in connection with the present Agreement shall be resolved by negotiations. In case a dispute cannot be resolved through negotiations during 30 calendar days, it shall be resolved by a competent court having the jurisdiction at the place of domicile of the DIGITAL SOLUTIONS.
All claims you bring against DIGITAL SOLUTIONS must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed and a breach of this EULA. Should either party file a claim contrary to this Section, the other party may recover attorneys' fees and costs up to ten thousand U.S. Dollars ($10,000.00USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
Entire Agreement. The Agreement constitutes the entire agreement between You and DIGITAL SOLUTIONS regarding your use of the Application. You may be subject to additional terms and conditions that apply when You use or purchase other DIGITAL SOLUTIONS` services, which DIGITAL SOLUTIONS will provide to You at the time of such use or purchase.
For any questions concerning this EULA, you may contact DIGITAL SOLUTIONS at the following email address: [insert]
THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.