By downloading the Licensed Application from Apple's software
distribution platform ("App Store")
and
Google's software distribution platform ("Play Store") , 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.
App Store and Play Store are referred to in this License
Agreement as “Services.”
The parties of this License Agreement acknowledge that the Services are not a Party to this License
Agreement and are not bound by any provisions or obligations with regard to the Licensed
Application, such as warranty, liability, maintenance and support thereof.
Broodjes and Bier Restaurant Group LLC , not the Services, is solely responsible for the
Licensed Application and the content thereof.
TABLE OF CONTENTS
The Licensed Application is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you
may not use this Licensed Application. You may not use the Licensed Application in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
2
.
2 This
license will also govern any updates of the Licensed
Application provided by Licensor that replace, repair,
and/or supplement the first Licensed 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 Licensed Application available to third
parties (unless to the degree allowed by the Usage Rules, and
with Broodjes and Bier Restaurant Group
LLC 's prior written consent), sell, rent, lend, lease
or otherwise redistribute the Licensed Application.
2
.
4 You
may not reverse engineer, translate, disassemble, integrate,
decompile, remove, modify, combine, create derivative works
or updates of, adapt, or attempt to derive the source code
of the Licensed Application, or any part thereof (except
with Broodjes and Bier Restaurant
Group LLC 's prior written consent).
2
.
5 You
may not copy (excluding when expressly authorized by this
license and the Usage Rules) or alter the Licensed
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 Usage Rules,
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. If you
sell your Devices to a third party, you must remove the
Licensed Application from the Devices before doing so.
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 Licensed Application, You
must ensure that You comply with applicable third-party
terms and conditions.
3. TECHNICAL
REQUIREMENTS
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
or
Play Store Overview
for this Licensed Application.
5. USE OF
DATA
You acknowledge that the Licensor may periodically collect and use
technical data and related information about your device, system, and application software, and
peripherals, offer product support, facilitate the software updates, and for purposes of providing
other services to you (if any) related to the Licensed Application. Licensor may also use this
information to improve its products or to provide services or technologies to you, as long as it is
in a form that does not personally identify you.
6. USER-GENERATED
CONTRIBUTIONS
1. The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying 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.
2. You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Licensed Application, and other
users of the Licensed Application to use your Contributions in any manner contemplated by the
Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the name or likeness or each and
every such identifiable individual person to enable inclusion and use of your Contributions in any
manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against a specific person or class of
people.
9. Your Contributions do not violate any applicable law, regulation, or
rule.
10. Your Contributions do not violate the privacy or publicity rights of
any third party.
11. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that
violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates
this License Agreement and may result in, among other things, termination or suspension of your
rights to use the Licensed Application.
7. CONTRIBUTION
LICENSE
You agree that we may access, store, process, and use any information and
personal data that you provide following the terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions of other feedback regarding the Licensed
Application, you agree that we can use and share such feedback for any purpose without compensation
to you.
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 Licensed Application. You are solely
responsible for your Contributions to the Licensed 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.
8.
LIABILITY
9.
WARRANTY
(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
.
11.
LEGAL
COMPLIANCE
You represent and
warrant that You are not located in a country that is subject to a US Government embargo, or
that has been designated by the US Government as a "terrorist supporting" country; and that
You are not listed on any US Government list of prohibited or restricted parties.
12.
CONTACT
INFORMATION
For general inquiries, complaints, questions or claims
concerning the Licensed Application, please contact:
13.
TERMINATION
The license is valid until terminated by Broodjes and Bier Restaurant Group LLC or by You. Your rights under
this license will terminate automatically and without notice from
Broodjes and Bier Restaurant Group LLC if You fail to adhere to any term(s) of this
license. Upon License termination, You shall stop all use of the Licensed Application, and
destroy all copies, full or partial, of the Licensed Application.
In Accordance with Section 9 of the "Instructions for
Minimum Terms of Developer's End-User License Agreement," both Apple and
Google and their 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,
both Apple and Google 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.
This License Agreement is governed by the laws of
the District of Columbia
excluding its conflicts of law rules.