Football AI

Copyright (c) 2015 KUKI APP D.O.O.E.L.

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS APPLICATION.

1. LICENSE

By receiving, opening the file package, and/or using Football AI ("Application") containing this Application, you agree that this End User User License Agreement(EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by KUKI APP D.O.O.E.L. your use of Football AI indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, KUKI APP D.O.O.E.L. grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Football AI in accordance with this Agreement and any other written agreement with Coockie App LLC. KUKI APP D.O.O.E.L. does not transfer the title of Football AI to you; the license granted to you is not a sale. This agreement is a binding legal agreement between KUKI APP D.O.O.E.L. and the purchasers or users of Football AI .

If you do not agree to be bound by this agreement, remove Football AI from your computer now and, if applicable, promptly return to KUKI APP D.O.O.E.L. by mail any copies of Football AI and related documentation and packaging in your possession.

2. DISTRIBUTION

Football AI and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Football AI contact KUKI APP D.O.O.E.L..

3. USER AGREEMENT

3.1 Use

Your license to use Football AI is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Football AI .

3.2 Use Restrictions

You shall use Football AI in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Football AI together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of Football AI may be used on one single computer location by one user. Use of Football AI means that you have loaded, installed, or run Football AI on a computer or similar device. If you install Football AI onto a multi-user platform, server or network, each and every individual user of Football AI must be licensed separately.

You may make one copy of Football AI for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Football AI . The assignment, sublicense, networking, sale, or distribution of copies of Football AI are strictly forbidden without the prior written consent of KUKI APP D.O.O.E.L.. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Football AI . If any person other than yourself uses Football AI registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Football AI . Nor can you create any derivative works or other works that are based upon or derived from Football AI in whole or in part.

KUKI APP D.O.O.E.L.'s name, logo and graphics file that represents Football AI shall not be used in any way to promote products developed with Football AI . KUKI APP D.O.O.E.L. retains sole and exclusive ownership of all right, title and interest in and to Football AI and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Football AI , products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for KUKI APP D.O.O.E.L..

3.4 Users of the Football AI - LAEULA

If you download and/or use our Football AI app on iPhone® or iPad® : You, the end-user of Football AI, acknowledge that this Agreement is entered into by and between KUKI APP D.O.O.E.L. and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Football AI and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Football AI. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This Agreement incorporates by reference the Licensed Football AI End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the Football AI is considered the “Licensed Application” as defined in the LAEULA and KUKI APP D.O.O.E.L. is considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Football AI (including, without limitation, a third party claim that the Football AI infringes that third party’s intellectual property rights) or your use or possession of the Football AI, including but not limited to: (a) product liability claims; (b) any claim that the Football AI fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the Football AI.

3.5 Limitation of Responsibility

You will indemnify, hold harmless, and defend KUKI APP D.O.O.E.L. , its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of KUKI APP D.O.O.E.L.'s Software.

In no event (including, without limitation, in the event of negligence) will KUKI APP D.O.O.E.L. , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Football AI or the use or inability to use Football Chat or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

KUKI APP D.O.O.E.L.'s entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by KUKI APP D.O.O.E.L. ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to KUKI APP D.O.O.E.L..

3.6 Your Obligations

You represent, warrant and covenant that: (a) you have the full right, power and authority to enter into and perform this Agreement; (b) you have secured all third-party consents, licenses, waivers and permissions necessary to enter into and perform this Agreement, including, without limitation, waivers of rights of privacy, publicity and personality from any third parties whose names, likenesses, photographs, portrayals, or actual or imitated voices are depicted in Your Content or any Submission made by you; (c) Your Content and Submissions are true, accurate, current and complete and comply with this Agreement and you will promptly notify KUKI APP D.O.O.E.L. if any of your information changes; (d) you will use the Football AI and Content only for the purposes permitted herein; and (e) use of Your Content and Submissions does not violate this Agreement or applicable law and will not cause injury to any person or entity. You further agree that you will not submit any information, material or content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant KUKI APP D.O.O.E.L. all of the rights granted under this Agreement. By using the Football AI, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the Football AI and any Content provided on or through the Football AI, including, but not limited to, whether you should rely on such Content.

3.7 Warranties

Except as expressly stated in writing, KUKI APP D.O.O.E.L. makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.8 Governing Law

This Agreement shall be governed by the law of the Macedonia, the Former Yugoslav Republic of applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Macedonia, the Former Yugoslav Republic of therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.9 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Football AI and destroy all copies of Football AI supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Football AI AS WELL.

5. CONSENT OF USE OF DATA

You agree that KUKI APP D.O.O.E.L. may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Football AI .KUKI APP D.O.O.E.L. may also use this information to provide notices to you which may be of use or interest to you.