1. Scope
This End User Licence Agreement governs your use of the Podium application software (the "Licensed Application") supplied by Sebastian Seidel (the "Application Provider"). It applies in addition to the Terms of Service, which govern the service the app connects to. Where the two conflict on a question of the software licence, this agreement prevails.
You and the Application Provider are the only parties to this agreement. Apple Inc. and Google LLC are not parties to it, although section 9 grants Apple specific rights in it.
2. Licence granted
You are granted a non-transferable licence to use the Licensed Application on any Apple-branded device that you own or control, or on any Android device you own or control, as permitted by the Usage Rules of the applicable store.
Under the Apple Media Services Usage Rules the Licensed Application may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing, where that applies.
The licence covers use of the software as provided. It does not transfer ownership of anything, and all rights not expressly granted are reserved.
3. Restrictions
You may not distribute, sell, rent, lease, lend, sublicense, or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application or any of its updates, except to the extent that this restriction is prohibited by applicable law or permitted by the licensing terms of any open-source component included in it.
4. Consent to use of data
You agree that the Application Provider may collect and use technical data and related information, including technical information about your device, system and application software, and peripherals, gathered periodically to facilitate the provision of software updates, product support, and other services related to the Licensed Application. The Application Provider may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. Personal data is handled as described in the Privacy Policy.
5. Termination
This licence is effective until terminated by you or by the Application Provider. Your rights under it terminate automatically, without notice, if you fail to comply with any of its terms. On termination you must stop all use of the Licensed Application and destroy all copies of it.
6. External services
The Licensed Application may enable access to services and websites operated by third parties, including the platforms you link to from your profile. Use of them is at your sole risk. The Application Provider is not responsible for third-party content and does not endorse it. You agree not to use any external service in a manner inconsistent with this agreement or that infringes the rights of the Application Provider or any third party.
7. No warranty, and limitation of liability
To the maximum extent permitted by applicable law, the Licensed Application is provided "as is" and "as available", with all faults and without warranty of any kind. The Application Provider disclaims all warranties and conditions with respect to the Licensed Application, whether express, implied or statutory, including the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights.
To the extent not prohibited by law, in no event will the Application Provider be liable for personal injury or any incidental, special, indirect or consequential damages arising out of or related to your use of or inability to use the Licensed Application.
Nothing in this section excludes or limits liability that cannot be excluded or limited under the law that applies to you, in particular liability for intent, gross negligence, or injury to life, body or health, and your mandatory statutory consumer rights are unaffected. The liability provisions of the Terms of Service apply in full alongside this section.
8. Maintenance and support
The Application Provider is solely responsible for providing any maintenance and support services for the Licensed Application. Apple has no obligation whatsoever to furnish any maintenance and support services. Requests should be sent to help@podium.lol.
The Application Provider is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.
9. Apple as third-party beneficiary
You and the Application Provider acknowledge that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this agreement, and that upon your acceptance of it Apple will have the right, and is deemed to have accepted the right, to enforce this agreement against you as a third-party beneficiary of it.
The Application Provider, not Apple, is solely responsible for the Licensed Application and its content. Apple is not responsible for addressing any claims by you or a third party relating to the Licensed Application or your possession and use of it, including product liability claims, any claim that the Licensed Application fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation. In the event of a third-party claim that the Licensed Application or your possession and use of it infringes that third party’s intellectual property rights, the Application Provider, not Apple, is solely responsible for its investigation, defence, settlement and discharge.
10. Legal compliance
You represent and warrant that you are not located in a country subject to a United States government embargo or designated as a "terrorist supporting" country, and that you are not listed on any United States government list of prohibited or restricted parties. You agree to comply with all applicable third-party terms when using the Licensed Application.
11. Governing law and contact
German law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, you keep the protection of the mandatory law of the country where you live.
Sebastian Seidel, Zum Isetal 1, 38518 Gifhorn, Germany. legal@podium.lol.