Terms & Conditions
End-User License Agreement for Locago, version 1.0.1
This End-User License
Agreement (“EULA”) is an agreement between you (either an
individual person or a single legal entity, who will be referred to
in this EULA as (“You”) and Idevio AB, 556622-3110,
Drottninggatan 52, 411 07 Göteborg, Sweden as (“Idevio”).
The program, including any associated media, printed materials and
electronic documentation will be referred to as (”Locago”).Locago
also includes any software updates, add-on components, stencils,
templates, shapes, services and/or supplements that Idevio may
provide to You or make available to You, or that You obtain from the
use of features or functionality of Locago, after the date you
obtain your initial copy of Locago to the extent that such items are
not accompanied by a separate license agreement or terms of use. By
installing, copying, downloading, accessing or otherwise using
Locago, you agree to be bound by the terms of this EULA.
1. USE OF LOCAGO
For an individual end user, Locago is made available to and may be used by
you only for your personal, non-commercial use according to this
EULA. For a business entity user, Locago may
be used by you and your employees for internal use according to this
EULA (individual end users and business end users are collectively
referred to as “You” herein).
2. GRANT OF LICENSE
a) Individual end user. Locago is
protected by intellectual property laws and treaties. Locago is
licensed, not sold. You may install and use one copy of Locago on a
mobile device. All rights not expressly granted are reserved by
Idevio. Locago is provided to you by Idevio at no charge save for
any chargeable enhancements made available by Idevio. Idevio
reserves the right on reasonable notice to you to introduce a fee
for the use of Locago. You acknowledge that Locago is provided free
of charge to you and, accordingly, Idevio reserves the right from
time to time to modify or discontinue, temporarily or permanently,
Locago or your use of Locago with or without notice to you. You
agree that in no event will Idevio be liable to you or any third
party in respect of any losses, costs or damages incurred or
suffered as a result of any modification or discontinuance of
Locago.
b) Third Parties. Data for map
content in Locago is provided under license from Locago’s
licensors, including by Tele Atlas, and is subject to intellectual
property rights owned by or licensed by the licensors. You agree
that you will not engage in, and may be held liable for any
unauthorized copying or disclosure of this material.
Your use of the map content data is subject to additional restrictions
located in
this Legal Notices page.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Internet Access and Traffic Charges.
You will not be able to exercise your full rights to Locago unless
you have Internet access through a GPRS-, or 3G-connected mobile
device that supports Java MIDP2.0 or other software identified at
www.locago.com. Locago will only be supported for the mobile
phones listed on www.locago.com. All traffic charges or access
charges occurred due to the use of Locago are subject to your normal
terms with your mobile device service provider.
Copy Protection.
Locago may
include copy protection technology to prevent unauthorized copying
of Locago. It is illegal to make unauthorized copies of Locago or to
circumvent any copy protection technology included in Locago.
User Restrictions.
You agree not
to use Locago for fleet management or in other connection with or in
conjunction with a system in a vehicle that offers real-time route
guidance or turn-by-turn maneuvers, that is if you do not have a
signed agreement with Idevio which states differently. You agree not
to use Locago for any bulk printing or downloading of imagery, data
or other content.
Other Content.
Locago may include content (via direct access or hyper links) from other
web sites or resources. Idevio may have no control over any web sites or
resources which are provided by companies or persons other than
Idevio. You acknowledge and agree that Idevio is not responsible for
the availability of any such external sites or resources, and does
not endorse any advertising, products or other materials on or
available from such web sites or resources. You understand that by
using Locago you may be exposed to content that you may find
offensive, indecent or objectionable and that, in this respect, you
use Locago at your own risk.
Limitations on Reverse Engineering
Decompilation and Disassembly.
You may not reverse engineer,
decompile, or disassemble Locago, except and only to the extent that
such activity is expressly permitted by mandatory law or
in written agreement with Idevio.
Separation of Component Parts.
Locago is licensed as a single product. Its component parts may not
be separated for use on more than one mobile phone unless permitted
by idevio.
Trademarks.
This EULA does not
grant you any rights in connection with any trademarks or service
marks of Idevio.
No rental, leasing or commercial hosting.
You may not rent, lease, lend or provide commercial
services to third parties using Locago.
Termination.
IDEVIO MAY
TERMINATE THIS EULA WITHOUT REASON AND AT ANY TIME GIVING 1 MONTH
NOTICE. SUCH NOTICE MAY BE GIVEN BY PUBLICATION ON WWW.LOCAGO.COM.
Without prejudice to any other rights, Idevio may terminate this
EULA if you fail to comply with the terms and conditions of this
EULA. In such event, you must destroy all copies of Locago and all
of its component parts.
Privacy Policy
Idevio will
collect and use personal data in accordance with our policy
“Information with regard to the processing of personal data”
which you will find at www.locago.com.
4. YOUR PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible
for maintaining the confidentiality of passwords
associated with any account you use to access Locago. Accordingly,
you agree that you will be solely responsible to Idevio for all
activities that occur under your account.
5. INTELLECTUAL PROPERTY RIGHTS
All title and intellectual property
rights in and to Locago are owned by Idevio or its suppliers. All
title and intellectual property rights in and to the content that is
not contained in Locago but may be accessed through use of Locago
and its content, is the property of the respective content owners
and may be protected by applicable copyright or other intellectual
property laws and treaties. This EULA grants you no rights to use
such content.
6. APPLICABLE LAW
Unless local mandatory laws apply, this
EULA is governed by the laws of Sweden. Any dispute, controversy or
claim arising out of or in connection with this agreement, or the
breach, termination or invalidity thereof shall be submitted to the
District Court of Stockholm.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT USE OF LOCAGO IS AT YOUR OWN RISK AND THAT LOCAGO IS PROVIDED
"AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER.
IDEVIO DOES NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET
YOUR REQUIREMENTS OR THAT THE OPERATION OF LOCAGO WILL BE
UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING
LOCAGO TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE
RESULTS OBTAINED FROM LOCAGO. IDEVIO DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED
TO: NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF
RESPONSES OR RESULTS, IMPLIED WARRANTIES OF MERCHANT-ABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL IDEVIO BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING
OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE
LOCAGO. IDEVIO ALSO DISCLAIMS ALL LIABILITY FOR ACTS OR MATERIAL
PRESENTED BY THE ADVERTISER, AD-SERVING PARTNERS OR OTHERS
(INCLUDING UNAUTHORIZED USERS).
9. LIMITATION OF LIABILITY
REGARDLESS OF THE FORM OF ACTION,
IDEVIO AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS
AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER
THIS AGREEMENT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE
LAW.
10. REGISTRATION AND TERMINATION OF SERVICE
To subscribe to our service, please
follow the instructions on our website www.locago.com. To terminate
the service, please remove Locago from your mobile and login to our
website where you can re-sign from the service.
11. SUPPORT
For support and help go to:
www.locago.com and click to "Help"
12. ENTIRE AGREEMENT
This EULA (including any amendment to
this EULA which is included with Locago) is the entire agreement
between you and Idevio relating to Locago. This EULA supersedes all
prior communications, proposals and representations with respect
Locago or any other subject matter covered by this EULA. To the
extent the terms of any Idevio policies or programs for support
services conflict with the terms of this EULA, the terms of this
EULA shall control.
13. CHANGES TO THE TERMS
Idevio holds the right to make changes in the End-User License Agreement (EULA).
If changes have been performed a new version of the EULA will be published and
available for you at http://www.locago.com/site/Terms/. You understand and agree
that usage of Locago, after the publishing of a new version, will be regarded
as an acceptance of the new EULA.