2.1 You are given a non-transferable, non-exclusive,
non-sublicensable license to install and use the Licensed Application on any Devices that You
(End-User) own or control and as permitted by the Usage Rules, with the
exception that such Licensed Application may be accessed and used by
other accounts associated with You (End-User, The Purchaser) via Family
Sharing or volume purchasing.
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 SUNSAM WEBSITE HOSTING SERVICES'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 SUNSAM WEBSITE HOSTING SERVICES'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
3.1 Licensor attempts to keep the Licensed 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 You acknowledge that it is Your responsibility to confirm
and determine that the app end-user device on which You intend to
use the Licensed Application satisfies the technical specifications
mentioned above.
3.3 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 or Play Store Overview for this Licensed Application.
4.2 SUNSAM WEBSITE HOSTING SERVICES and the End-User acknowledge that the Services have 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:
https://beshlive.vercel.app/privacy-policy.
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
The Licensed Application may invite
you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or in
the Licensed Application, including but not limited to text,
writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other users of the Licensed
Application and through third-party websites or applications. As
such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
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
By posting your Contributions to any part of the Licensed Application or making
Contributions accessible to the Licensed Application by linking your account from the
Licensed Application to any of your social networking accounts, 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 license
to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive,
store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part),
and distribute such Contributions (including, without limitation, your image and voice) for
any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or
incorporate in other works, such as Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through
any media channels.
This license will
apply to any form, media, or technology now known or hereafter developed, and includes our
use of your name, company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you provide. You waive
all moral rights in your Contributions, and you warrant that moral rights have not otherwise
been asserted in your Contributions.
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.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to recategorize any Contributions to place them
in more appropriate locations in the Licensed Application; and (3) to prescreen or
delete any Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
8. LIABILITY
8.1
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.
8.2
Licensor takes no accountability or responsibility for any
damages caused due to a breach of duties according to Section 2 of
this License
Agreement. To avoid data loss, You are required to make use of backup
functions of the Licensed 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 Licensed Application, You will not
have access to the Licensed Application.
9. WARRANTY