LIOR MOBILE APPLICATION
END-USER LICENSE AGREEMENT (EULA)
YOU ARE ABOUT TO CONCLUDE A LEGALLY BINDING AGREEMENT
Please read these Terms carefully. They govern your access to and use of our mobile application called Lior Air Mobile App (the "App") and the Content and services available through the App. If you do not agree with these terms, you may not use the App.
1.1. We are Lior Air Exchange Corporation, a company incorporated under the laws of United States ("Lior Air Exchange. or .we. or "us").
1.2. If you are using the App, you agree, warrant and represent that you are entering into these Terms as either:
(a) an employee/worker of your employer (the "Business") and are authorised by your Business to do so for it and on its behalf; or
(b) an individual in which case you are committing yourself to these terms.
You and your Business (if applicable under Clause 1.2(a) above) are referred to in these Terms as "You".
2. THESE TERMS
2.1. We provide and make available, and you use and access, the App and the Content and services on or available through it subject to these Terms. You agree to be bound by these Terms by downloading or installing the App. We reserve the right to vary these Terms at any time. If we do so, the updated terms will be posted when the alteration is made. By using the App after that, you agree to the revised Terms. None of these Terms will be interpreted so as to deprive you of any rights you may have under mandatory American or other applicable law.
3. SCOPE OF LICENSE
3.1. The App is licensed, not sold. These Terms only give you some rights to use the App. Lior Air Exchange reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the App only as expressly permitted in these Terms. In doing so, you must comply with any technical limitations in the App that only allow you to use it in certain ways. You may not:
(a) Work around any technical limitations in the App;
(b) Reverse engineer, decompile, or disassemble the App, except and only to the extent that applicable law expressly permits, despite this limitation;
(c) Publish the App for others to copy;
(d) Rent, lease, sublicense, lend or otherwise redistribute the App, Content or services on or available through it;
(e) Transfer the App or these Terms to any third party (whether by assignment, subcontract or otherwise).
3.2. Content and/or services accessible from or purchased within the App may be subject to additional terms as well.
4. ACCESS TO THE APP
4.1. Lior Air Exchange reserves the right to time to modify or discontinue, temporarily or permanently, the App, Content or services on or available through it (or any part thereof) at any time and with or without notice. You agree that Lior Air Exchange shall not be liable to You or to any third party for any modification, suspension or discontinuance of the App, Content or services.
4.2. Lior Air Exchange reserves the right to change, limit usage of, charge for continued usage of (of course requiring You to opt in before incurring any charges), and/or discontinue any service (including any Content) at any point in time. Lior Air Exchange can also restrict access to some or all parts of the App or the Content or services on or available through it to Users who have successfully registered with us for relevant services or Content.
4.3. You are responsible for making all arrangements necessary for you to have access to the App, including, but not limited to, maintaining a balance of sufficient credit on your mobile device, otherwise ensuring access to your mobile data network, ensuring a sufficient charge in the device.s battery and keeping the device in your possession. While we may take precautions against security breaches, no website, application or Internet transmission is completely secure, and as such, you acknowledge that neither we or third parties connected to us shall be liable for damages, costs or losses, that may result from interruption or interception of communications, unauthorised access, hacking or viruses and similar. We cannot guarantee the privacy and security of such communications.
5. IMPROPER USE OF THE APP
5.1. You may not use the App in any manner that could damage, disable, overburden or impair it, its servers or the network(s) connected to the server, or interfere with any other party's use and enjoyment of the App and services on or available through it. You may only download the App from a store approved by us and may not install the App on a jail-broken or rooted device. You may not hack into or insert malicious code into the App. You may not attempt to gain unauthorised access to any services, parts of the App or Content, other accounts, computer systems or networks connected to any server through hacking, password mining or any other means. Illegal and/or unauthorised use of the App, Content or services will be investigated and appropriate legal action may be taken.
6. OWNERSHIP OF THE APP
6.1. We are the owner or the licensee of all intellectual property rights in the App, the App.s content, including the App.s "look and feel" (collectively the "Content"). The Content is protected by copyright and other intellectual property laws. All such rights are reserved. You may not make alterations, copies, extractions, modiﬁcations, or additions to the Content, or sell, copy, distribute, disseminate or license it, or misuse the Content in any way. If you breach this Clause 6.1 your right to use our App ceases immediately.
7. DATA PROTECTION STATEMENT
8.1. These Terms are effective until terminated by You or us. Your rights under these Terms will terminate automatically if You fail to comply with any individual term.
8.2. Upon termination of these Terms for any reason, You shall ensure that all use of the App ceases and shall ensure all copies of the App used by You are uninstalled and destroyed by You. You must still pay for services ordered through the App despite these Terms being terminated.
8.3. You agree that Lior Air Exchange may, in addition to any other remedies it may have at law or equity, remotely disable the App following any termination of these Terms.
9. THIRD PARTY CONTENT AND WEB SITES
10. NO WARRANTY
10.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APP AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE APP AND THE CONTENT ARE PROVIDED .AS IS. AND .AS AVAILABLE. WITHOUT WARRANTY OF ANY KIND.
10.2. YOUR USE OF THE APP AND THE CONTENT IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
10.3. LIOR AIR EXCHANGE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES, TERMS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT.
11. EVENTS BEYOND OUR CONTROL
11.1. We are not in breach of these Terms or liable to You if there is any total or partial failure of performance of any of our duties and obligations resulting from any act or matter beyond our reasonable control. Such matters may include any act of God, fire, act of government, war, civil commotion, embargo, inability to communicate with third parties for whatever reason, failure of or delay in the transmission of communications, prevention from or hindrance in obtaining any energy or other supplies, labour disputes of whatever nature or any other reason (whether or not similar in kind to any of the above) beyond our reasonable control.
12. LIMITATION OF LIABILITY
12.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT NOT PROHIBITED BY LAW, LIOR AIR EXCHANGE, 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 DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS LOSS OR INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED AND WHETHER OR NOT DHL EXPRESS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSS ARISING.
13.1. You may not use or otherwise export or re-export the App except as authorised by United States or European Union law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any embargoed countries or (b) to anyone on any US, EU or other governmental denied/banned list of persons or entities. By using the App, 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 US, EU or other applicable law, including, without limitation, the development, design, manufacture or production of nuclear, missile, or chemical or biological weapons.
14. USE BY US GOVERNMENT
14.1. The App 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.
15. APPLICABLE LAW
15.1. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between You and Lior Air Exchange shall be governed by English law. You and Lior Air Exchange agree to submit to the personal and non-exclusive jurisdiction of the English courts to resolve any dispute or claim arising from this Agreement.
15.2. If You are a consumer and (a) You are not a United Kingdom citizen; (b) You do not reside in the United Kingdom; and (c) You are a citizen of one of the countries identified below, You hereby agree that any dispute or claim arising from these Terms shall be governed by the governing law and forum shall be the laws and courts of Your usual place of residence.
15.3. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
16.1. You must send any formal notice under these Terms to us by sending it in writing to our postal address.
17.1. If, at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of these Terms (including the remainder of a provision where only part of it is or has become illegal, invalid or unenforceable).
18.1. The exercise by us of any rights under these Terms is without prejudice to any of our other rights and remedies. The provisions of these Terms may only be waived by Lior Air Exchange in writing by express reference to the provision in question. No delay, neglect or forbearance on the part of Lior Air Exchange in enforcing any provision of these Terms is a waiver, or in any way prejudices any right of Lior Air Exchange under these Terms. A waiver by Lior Air Exchange of any breach of any of the provisions of these Terms does not constitute a general waiver of such provision or of any subsequent act contrary to it.
19. DEFINITIONS AND INTERPRETATION
19.1. The masculine gender includes the feminine and neuter and the singular number include the plural and vice versa and words importing persons include ﬁrms or companies. The section headings to the provisions are for convenience only and do not or affect the construction or interpretation of the Terms. The "Terms" means the terms and conditions set out in this document and such other terms and conditions as may be added to or substituted for them from time to time pursuant to these Terms. .Including., "to include", "in particular" and like phrases shall be interpreted without limitation.
20. ENTIRE AGREEMENT