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1.1 END USER LICENSE AGREEMENT
The ccToDo software service are developed and licensed, not sold, to you by Cloud Circus Aps, Denmark.
You acknowledge that: you are purchasing the license to ccToDo from Cloud Circus as the licensor of the ccToDo App. Your license to the ccToDo product is subject to your prior acceptance of this Agreement.
The connected part of the service may be bougth as a license for use for the ccToDo service within the App Store Product ("In App Purchases"). In App Purchases after being downloaded, cannot be replaced.
1.1.1 Scope of License.
This license granted to you for the ccToDo service by CloudCircus is limited to a non-exclusive and nontransferable license to use the licensed application on any OS-based device (including but not limited to Apple iPad, iPhone, iPod touch, iMac and Notepad, Android based products, Nokia symbian Qt devices, Windows Phone 7, windows pc’s, or any web browser product) that you own or control and as permitted by the Usage Rules set forth in these Terms and Conditions.
You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Service, any updates, or any part thereof, use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed service). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
The terms of the license will govern any upgrades provided by Licensor that replace and/or supplement the original Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
1.1.2 Miscellaneous
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department`s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
1.2 INTELLECTUAL PROPERTY RIGHTS.
You agree that the Services, including but not limited to Products, graphics, user interface, audio clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Cloud Circus, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement.
All copyrights in and to the Services (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Cloud circus, who reserve all rights in law and equity.
1.3 REPRESENTATION AND WARRANTIES
You represent and warrant that (a) all of the information provided by you to Cloud Circus to participate in the ccToDo Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
1.3.1 No warranty:
You expressly acknowledge and agree that use of the licensed application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, the licensed application and any services performed or provided by the licensed application ("services") are provided "as is" and “as available”, with all faults and without warranty of any kind, and licensor hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. Cloud Circus does not warrant against interference with your enjoyment of the licensed application, that the functions contained in or services performed or provided by the licensed application will meet your requirements, that the operation of the licensed application or services will be uninterrupted or error-free, or that defects in the licensed application or Services will be corrected. No oral or written information or advice given by licensor or its authorized representative shall create a warranty. Should the licensed application or Services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
1.3.2 Limitation of Liability
Cloud Circus cannot be held liable for losses exceeding the price for one years of Services or USD 25.00 whichever is the highest amount.
Cloud Circus disclaims all responsibility and liability for the availability, timelines, security or reliability of the Service. Cloud Circus reserves the right to modify suspends or discontinue the Service without notice at anytime and without any liability to you.
To the extent not prohibited by law, in no event shall Cloud Circus be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if licensor has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this
1.4 TERMINATION / CANCELLATION
You may cancel your use of the ccToDo Services and/or terminate this Agreement with or without cause at any time by providing notice to contact@ccToDo.com. Please notice, that a terminated account may continue to exist for up to one full business week before such cancellation takes effect. You shall be aware, that residual copies of information may remain stored on our systems even after the deletion of information or the termination of your account.
Cloud Circus reserves the right to modify, suspend, or discontinue the ccToDo Services (or any part or content thereof) at any time with or without notice to you, and Cloud Circus will not be liable to you or to any third party should it exercise such rights.
1.4.1 Account inactivity
After a period of inactivity, whereby a user fails to login to an account for a period of six months, Cloud Circus reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.
1.5 WAIVER AND INDEMNIFICATION
By using the services, you agree to indemnify and hold Cloud Circus, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the services, or any action taken by Cloud Circus as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from Cloud Circus, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the services, or to take any other action during the investigation of a suspected violation or as a result of Cloud Circus`s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
You agree to hold harmless and indemnify Cloud Circus, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys` fees, of every kind and nature. In such a case, Cloud Circus will provide you with written notice of such claim, suit or action.
In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of twenty five dollars ($25.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The use of ccToDo services requires access to the Internet. You hereby agree that any payment for Internet service is strictly on you.
1.6 CHANGES.
Cloud Circus reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
1.7 JURISDICTION - CHOICE OF LAW.
These Terms and conditions will be governed by and construed in accordance with the laws of the State of Denmark, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Denmark, and you consent to the jurisdiction of such courts.
1.8 TRANSFER OF RIGHTS.
Cloud Circus shall be entitled to transfer all rights stemming from your use and subscription of the Services to a third party in so far this is part of a whole or partial business transfer. These rights also includes the right to execute any restructuring of the business and dividing the business.
Cloud Circus Aps., legal registration number: CVR: 33150016, Denmark, 31. mar 2011.