EULA
This Agreement governs the use by the licensee ("you") of the AppForce Pro application (the "Application"), which is provided to the users by DMN Technology (hereafter "DMN Technology" or "we"). By using this Application, you assert that you have read and agree to this End User License Agreement (hereafter "EULA" or the "Agreement"). This EULA forms a legally binding agreement between you and DMN Technology. Please refrain from using this Application if you do not agree with this EULA.
DEFINITIONS
- "DMN Technology", "we" or "us" means DMN Technology.
- "DMN Technology IP" means all intellectual property, including but not limited to copyrights, trademarks, models, designs, moral rights, inventions, patents, trade secrets, know-how and other confidential and proprietary information which DMN Technology developed, owns or has a license to use.
- "Agreement" or "EULA" means the terms set out in the present agreement, including all its annexes, amendments and supplements provided to the User, displayed or otherwise featured on the Device and/or available on the Website.
- "Affiliates" means an entity in which DMN Technology directly or indirectly holds more than fifty percent (50%) of the issued share capital or voting rights or which is otherwise controlled by DMN Technology, it being understood that an entity is controlled by DMN Technology if we have the power, de jure or de facto, to exercise decisive influence over the appointment of the majority of its directors or managers or over the direction of its management. Any such entity shall be considered an Affiliate for only such time as DMN Technology continues to control such entity or own such interest as mentioned above.
- "Application" means the AppForce Pro application, a proprietary software application developed, owned and/or maintained by DMN Technology and distributed exclusively on Android OS devices. The Application is designed to play back the Content, and is intended for personal use only. The Application does not include any Content.
- "Content" means IPTV channels and playlists, as well as other media material stored on the Device or on any external storage and legally obtained by the User, including any data, information, Applications or materials from third parties or links to certain third party websites, as supported by the Application.
- "Designated Countries" means the countries in which DMN Technology distributes the Devices and/or in which the User is entitled to use the Device.
- "Device" means the legally obtained Android OS devices, manufactured and/or distributed by DMN Technology and used by the User to access the Application.
- "Essential Update" means any update essential for the (legal) functioning of the Device and/or Application.
- "Third-Party Data" means Content or other software, services, material, messages (including commercial and non-commercial messages), links to internet sites, and other data either created by, or sent to, your Device through the Application by any non-DMN Technology entity or person (including you).
- "User" means a person using the Application and/or the Device under this EULA.
- "Website" means the website hosted on the domain https://appforcepro.com/.
LICENSE
DMN Technology grants you a non-exclusive, limited, personal, revocable (in whole or in part) license to use the Application on a single Device, pursuant to this Agreement. You agree not to install, use or run the Application on any device other than a Device, or to enable others to do so. Subject to the limited rights expressly granted herein, DMN Technology reserves all its rights, titles and interests in and to the Application including all of its related intellectual property rights. No rights are granted to the User hereunder other than as expressly set forth herein.
Although the Application is intended for your personal use only, you are responsible for anyone using the Application through your Device (whether you gave them permission or not), and for ensuring they understand and agree to this Agreement.
This Agreement does not allow the Application to exist on more than one Device at a time, and you may not make the Application available over a network where it could be used by multiple Devices or multiple computers at the same time. This Agreement does not grant you any rights to use DMN Technology proprietary interfaces and other intellectual property rights in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software Applications for use with the Device.
The Application and/or Device may not be used for commercial or illegal purposes, in a way that may harm other people, companies or their properties, or in any unauthorized or improper manner as might be specified from time to time in this Agreement or otherwise. In particular:
- You shall not (enable others to) modify, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or create derivative works based on the Application, including in particular its source and/or object code, or any part, feature, function or user interface thereof, without DMN Technology's prior written consent (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-source components that may be included with the Application). Similarly, you may not host, intercept or emulate any part of the Device or of the Application.
- You shall not (enable others to) use the Application to store, transmit, access or otherwise use any infringing, libelous, or otherwise unlawful or tortious materials, or to store, transmit, access or otherwise use any materials in violation of third-party rights, in particular privacy and/or intellectual property rights; you recognize that DMN Technology is not in any way responsible for any such use by (others enabled by) you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using the Application and/or the Device.
- You shall not (enable others to) exploit the Application and/or the Device in any unauthorized way whatsoever or in any way harmful to you, the Application and/or Device or others, including but not limited to, using it to store, transmit, access or otherwise use any viruses, adware, spyware, worms, trojan horses or any other malware or harmful or malicious code, or by trespass or burdening network capacity.
- You shall not (enable others to) interfere with or disrupt the integrity or performance of the Application, its source and/or object code or Third-Party Data contained therein.
- You shall not (enable others to) attempt to gain unauthorized access to the Application, its source and/or object code or its related systems or networks.
- You shall not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Device or Application, features that prevent or restrict use or copying of any Content accessible through the Application, features that enforce limitations on the use of the Application, or delete the copyright or other IP rights notices on the Application or Content, or attempt to circumvent any Content filtering techniques we employ, or attempt to access any Content or features of the Application that you are not authorized to access.
- You shall not (enable others to) modify, rent, lend, lease, sell, resell, license, sublicense, (re)distribute, make available, or create derivative works based on the Application and/or the Device or any part thereof, in any manner.
- You are solely responsible for the Content accessed through the Application and the consequences thereof. You recognize and agree that any Content is accessed at your own risk. You declare, represent and warrant that your use of the Application is in compliance with the requirements of any applicable laws and regulations and does not infringe any third-party right, in particular intellectual property rights of third parties, including, but not limited to, copyright and related rights, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. Any Content data file, text, software, music phonographs, audio files, photos, videos or any other form of audiovisual data displayed by, stored on, accessed or otherwise used through the Application belongs to the respective Content owners. Such Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms and conditions of the third party providing such Content. The Application may be used to play back Content so long as such use is limited to the playback of non-copyrighted Content, Content in which the User owns the copyright, or Content that the User is authorized or legally permitted to playback or otherwise use. You must clear all Content or other Third-Party Data, and any other sensitive and/or personal information stored on your Device prior to selling or otherwise transferring your Device.
- You shall not use the Application and/or Device to engage in or to facilitate any activity that, directly or indirectly, (threatens to) exploit(s) or harm(s) children, nor to facilitate or engage in activity that is fraudulent, false or misleading.
DMN Technology reserves all rights and remedies against any Users who breach these representations and warranties.
The Application is licensed to you for use on your Device only in the Designated Countries.
At its sole discretion, DMN Technology may make available future updates and/or upgrades to the Application for your Device. The terms and conditions set out in this Agreement shall apply to any software updates and/or upgrades provided by DMN Technology that replace and/or supplement the original Application on your Device, unless such update and/or upgrade is accompanied by a separate license stipulating that its terms will apply, to the extent set out therein. By using the Application, you agree that DMN Technology may automatically download and install updates or upgrades to the Application onto your Device. Except for Essential Updates, you can turn off such automatic updates and/or upgrades in the settings, if applicable.
UNAUTHORIZED SOFTWARE, SERVICES, OR DEVICES OR UNLICENSED ACCESSORIES
The use of unauthorized software, services, devices, or unlicensed accessories is not permitted with the Application. DMN Technology is not responsible for any damage, loss, or issues arising from the use of such unauthorized items in connection with the Application.
UPDATES & CHANGES
You recognize and agree that the Device and the Application are subject to changes over time and that we may (automatically) update, upgrade, or otherwise change (a part of) the Application or any feature or aspect thereof, including its design, even without notice to you and/or without your consent, and, except in the event of our fraud or malicious intent, without liability to us. This includes, but is not limited to, the availability of all or any part of the Application or Content. Such updates may be required for you to continue to access the Application. We may also change, upgrade, or terminate the Application or a version thereof without notice to you and/or without your consent.
You recognize and agree that DMN Technology has the right to promote the Application and/or Device, to post advertising materials on any part of the Application and the Website including, but not limited to, online videos, animation and advertising commercials, banners, and contextual advertising.
THIRD-PARTY DATA, CONTENT AND THIRD-PARTY PROVIDERS
The Application may display, include, or make available third-party content (including data, information, applications, and other products or services) or provide links to third-party websites or services. DMN Technology does not control, endorse, or assume any responsibility for any third-party content or websites. You acknowledge and agree that DMN Technology shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party content, goods, or services.
INTELLECTUAL PROPERTY
You agree and acknowledge that DMN Technology owns all rights, titles, and interests in, and/or has the exclusive right to distribute, sublicense, or otherwise use the Application and the DMN Technology IP. Except as explicitly set out under this Agreement, the use of this Application does not provide you with any rights, titles, or interest in the Application or in the DMN Technology IP.
Except as expressly authorized under this Agreement and/or by DMN Technology in writing, you may not create works based on the Application and/or the DMN Technology IP, nor modify, distribute, or otherwise transmit the Application and/or the DMN Technology IP. If you do not respect these requirements, DMN Technology shall own all rights, titles, and interests in any works created, adapted, distributed, or otherwise transmitted via the Application, or, in the alternative, an unlimited license thereto.
You agree and acknowledge that you will not use the Device and/or the Application other than for permitted use or in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party or DMN Technology. No part of the Application and/or the DMN Technology IP may be reproduced in any form or by any means. DMN Technology respects the intellectual property of others.
DATA PROTECTION
Your privacy and the security of your personal data is of importance to us, and we are committed to protecting your privacy and the security of your personal data to the best of our abilities. For more information about our privacy and security practices, we refer to our Privacy Policy, which applies to all personal data that might be collected through the Application. The latest version of this Privacy Policy, which can be subject to revisions from time to time, can be found on our website. You may also contact our customer-service department in order to ask us to send you the latest version, electronically free of charge.
DATA WARRANTIES
The Application and/or Device is provided to you "as is" and "as available", with all faults and without warranty of any kind (including any implied warranties of merchantability, non-infringement, fitness for a particular purpose, (satisfactory) quality, accuracy, quiet enjoyment, or performance), and DMN Technology and DMN Technology's licensors hereby disclaim all warranties and conditions with respect to the Application and/or Device, either express, implied, or statutory, to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, you expressly acknowledge that use of the Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. This implies, for instance, that we do not provide a guarantee that the Application will always work properly or uninterrupted, or that it will be free from errors, bugs, viruses, hacks, or other potentially harmful intrusions. Similarly, we do not guarantee that the Application and/or Device will continue to be made available, that defects in the Application and/or Device will be corrected, or that the Application will be compatible or work with any third-party software, Applications, or third-party services. Installation and/or use of this Application may affect the usability of third-party software, Applications, or third-party services.
Information or advice, written or oral, given by DMN Technology and/or by a DMN Technology authorized representative or re-seller, shall in no way be construed as creating a warranty. Should the Application and/or Device be defective, then you will assume the entire cost of all necessary servicing, repair, or correction, to the maximum extent allowed under applicable law.
EXPIRATION AND TERMINATION OF AGREEMENT
This Agreement is effective until termination by (either of) the Parties.
You may terminate this Agreement by removing the Application from your Device and/or by discontinuing the use of the Application or the Device, as applicable. To the fullest extent permitted by applicable law, this constitutes your only remedy with respect to any dissatisfaction with (i) the Application, (ii) any term of these Terms of Service, (iii) any policy or practice of DMN Technology in operating or updating the Application.
We may terminate this Agreement, or any portion thereof, at any time, subject to a written notice, for any reason whatsoever, to the fullest extent permitted by applicable law.
In addition, we may, to the fullest extent permitted by applicable law, block or prevent your future access to and use of the Application, and/or, subject to a written notice, terminate this Agreement, including where we reasonably consider that: (a) your use of the Application violates this Agreement or applicable law; (b) you fraudulently use or misuse the Application; or (c) we are unable to continue providing the Application to you due to technical or legitimate business reasons.
CURRENT AGREEMENT AND UPDATE
The terms and conditions of this Agreement and/or the Privacy Policy and/or any other applicable terms may be subject to change at any time. The most recent version of this Agreement will be available on our Website. You may also contact our customer service and ask them to send you the latest versions, electronically free of charge. In case of changes to this Agreement, we will post a notice in this regard on our Website at the latest five (5) days before the changes come into effect. If you do not agree to these changes, you must remove and/or stop using the Application in accordance with this Agreement.
MISCELLANEOUS
Sale, Transfer and Assignment: It is forbidden to assign all or any part of this Agreement or to sell or otherwise transfer the Application to any third party. Any attempt by you to do so will be void.
Customer Service / Notices: To contact our customer service in relation to this Agreement, you may send an email to info@appforcepro.com
If any part of this Agreement is determined to be invalid or unenforceable, that part will no longer apply and will be considered deleted from the Agreement, without prejudice to all other parts of the Agreement, which will remain in effect. Furthermore, you agree that we may replace the invalid or unenforceable part with a provision that reflects or comes closest to reflecting the initial intention thereof. You further agree and recognize that the fact that we do not enforce a provision of the Agreement does not imply that we are waiving our right to do so in the future.
This Agreement and any documents referred to herein constitute the entire Agreement and understanding between you and DMN Technology relating to your use of the Application. This Agreement shall supersede all prior or contemporaneous understandings regarding such subject matter. An amendment to or modification of this Agreement will only be binding if it is written and signed by DMN Technology. Translations of this Agreement are done for local requirements. In case of a dispute or discrepancy between the English and any non-English versions, the English version of this Agreement shall prevail.
SUBSCRIPTION
- This application is not free to use.
- It has a subscription system.
- Only paid users can use it.
- No refunds will be issued once payment has been made.
- Depending on maintenance costs, we may change our subscription policy.