Koloni and its associated white label applications arelicensed to You (End-User) by Koloni, Inc., located andregistered at 158 Touhy Ct, Des Plaines, IL 60018, United States ("Licensor"),for use only under the terms of this License Agreement.
By downloading theLicensed Application from Apple's software distribution platform("App Store") and Google's software distribution platform("Play Store"), and any update thereto (as permitted by this LicenseAgreement), You indicate that You agree to be bound by all of the terms andconditions of this License Agreement, and that You accept this License Agreement. AppStore and Play Store are referred to in this License Agreement as “Services.”
The parties of thisLicense Agreement acknowledge that the Services are not a Party to this LicenseAgreement and are not bound by any provisions or obligations with regard to theLicensed Application, such as warranty, liability, maintenance and supportthereof. Koloni, Inc., not the Services, is solely responsible for theLicensed Application and the content thereof.
This License Agreementmay not provide for usage rules for the Licensed Application that are inconflict with the latest Apple Media ServicesTerms and Conditions and Google Play Terms of Service ("Usage Rules"). Koloni,Inc. acknowledges that it had the opportunity to review the Usage Rulesand this License Agreement is not conflicting with them.
Koloni whenpurchased or downloaded through the Services, is licensed to You for use onlyunder the terms of this License Agreement. The Licensor reserves all rights notexpressly granted to You. Koloni is to be used on devices thatoperate with Apple's operating systems ("iOS" and "MacOS") or Google's operating system ("Android").
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
5. USE OF DATA
6. USER-GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. LIABILITY
9. WARRANTY
10. PRODUCT CLAIMS
11. LEGAL COMPLIANCE
12. CONTACT INFORMATION
13. TERMINATION
14. THIRD-PARTY TERMS OF AGREEMENTS ANDBENEFICIARY
15. INTELLECTUAL PROPERTY RIGHTS
16. APPLICABLE LAW
17. MISCELLANEOUS
1. THE APPLICATION
Koloni ("Licensed Application") is a piece of software created tofacilitate rental, storage, delivery, and pickup via smart locks and/orlockers. — and customized for iOS and Android mobiledevices ("Devices"). It is used to Allow users to rent,store, pickup, or deliver goods into smart lockers or via smart locks.
The LicensedApplication is not tailored to comply with industry-specific regulations(Health Insurance Portability and Accountability Act (HIPAA), FederalInformation Security Management Act (FISMA), etc.), so if your interactionswould be subjected to such laws, you may not use this Licensed Application. Youmay not use the Licensed Application in a way that would violate theGramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You aregiven a non-transferable, non-exclusive, non-sublicensable license to installand use the Licensed Application on any Devices that You (End-User) own orcontrol and as permitted by the Usage Rules, with the exception that suchLicensed Application may be accessed and used by other accounts associated withYou (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This licensewill also govern any updates of the Licensed Application provided by Licensorthat replace, repair, and/or supplement the first Licensed Application, unlessa separate license is provided for such update, in which case the terms of thatnew license will govern.
2.3 You may notshare or make the Licensed Application available to third parties (unless to thedegree allowed by the Usage Rules, and with Koloni, Inc. 's priorwritten consent), sell, rent, lend, lease or otherwise redistribute theLicensed Application.
2.4 You may notreverse engineer, translate, disassemble, integrate, decompile, remove, modify,combine, create derivative works or updates of, adapt, or attempt to derive thesource code of the Licensed Application, or any part thereof (exceptwith Koloni, Inc. 's prior written consent).
2.5 You may notcopy (excluding when expressly authorized by this license and the Usage Rules)or alter the Licensed Application or portions thereof. You may create and storecopies only on devices that You own or control for backup keeping under theterms of this license, the Usage Rules, and any other terms and conditions thatapply to the device or software used. You may not remove any intellectualproperty notices. You acknowledge that no unauthorized third parties may gainaccess to these copies at any time. If you sell your Devices to a third party,you must remove the Licensed Application from the Devices before doing so.
2.6 Violationsof the obligations mentioned above, as well as the attempt of suchinfringement, may be subject to prosecution and damages.
2.7 Licensorreserves the right to modify the terms and conditions of licensing.
2.8 Nothing inthis license should be interpreted to restrict third-party terms. When usingthe Licensed Application, You must ensure that You comply with applicablethird-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The LicensedApplication requires a firmware version 1.0.0 or higher. Licensorrecommends using the latest version of the firmware.
3.2 Licensorattempts to keep the Licensed Application updated so that it complies withmodified/new versions of the firmware and new hardware. You are not grantedrights to claim such an update.
3.3 Youacknowledge that it is Your responsibility to confirm and determine that theapp end-user device on which You intend to use the Licensed Applicationsatisfies the technical specifications mentioned above.
3.4 Licensorreserves the right to modify the technical specifications as it seesappropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensoris solely responsible for providing any maintenance and support services forthis Licensed Application. You can reach the Licensor at the email addresslisted in the App Store or Play Store Overview for this LicensedApplication.
4.2 Koloni,Inc. and the End-User acknowledge that the Services have noobligation whatsoever to furnish any maintenance and support services withrespect to the Licensed Application.
5. USE OF DATA
You acknowledge that Licensorwill be able to access and adjust Your downloaded Licensed Application contentand Your personal information, and that Licensor's use of such material andinformation is subject to Your legal agreements with Licensor and Licensor'sprivacy policy: http://www.koloni.io/legal.
You acknowledge thatthe Licensor may periodically collect and use technical data and relatedinformation about your device, system, and application software, andperipherals, offer product support, facilitate the software updates, and forpurposes of providing other services to you (if any) related to the LicensedApplication. Licensor may also use this information to improve its products orto provide services or technologies to you, as long as it is in a form thatdoes not personally identify you.
You agree to timelysupply Licensor, in a form acceptable to Licensor, with all data necessary forLicensor to perform the ongoing Service. Once You complete the account processnecessary for the Services, You will be issued a password and login, to use theServices. You agree to the use of one time password by Licensor to perform theServices. You agree that Licensor is not responsible for any data usage orcharges incurred by You for usage of the Services, including the use of onetime password communication.
6. USER-GENERATED CONTRIBUTIONS
The LicensedApplication may invite you to chat, contribute to, or participate in blogs,message boards, online forums, and other functionality, and may provide youwith the opportunity to create, submit, post, display, transmit, perform,publish, distribute, or broadcast content and materials to us or in theLicensed Application, including but not limited to text, writings, video,audio, photographs, graphics, comments, suggestions, or personal information orother material (collectively, "Contributions"). Contributions may beviewable by other users of the Licensed Application and through third-partywebsites or applications. As such, any Contributions you transmit may betreated as non-confidential and non-proprietary. When you create or makeavailable any Contributions, you thereby represent and warrant that:
1. The creation,distribution, transmission, public display, or performance, and the accessing,downloading, or copying of your Contributions do not and will not infringe theproprietary rights, including but not limited to the copyright, patent,trademark, trade secret, or moral rights of any third party.
2. You are the creatorand owner of or have the necessary licenses, rights, consents, releases, andpermissions to use and to authorize us, the Licensed Application, and otherusers of the Licensed Application to use your Contributions in any mannercontemplated by the Licensed Application and this License Agreement.
3. You have thewritten consent, release, and/or permission of each and every identifiableindividual person in your Contributions to use the name or likeness or each andevery such identifiable individual person to enable inclusion and use of yourContributions in any manner contemplated by the Licensed Application and thisLicense Agreement.
4. Your Contributionsare not false, inaccurate, or misleading.
5. Your Contributionsare not unsolicited or unauthorized advertising, promotional materials, pyramidschemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributionsare not obscene, lewd, lascivious, filthy, violent, harassing, libelous,slanderous, or otherwise objectionable (as determined by us).
7. Your Contributionsdo not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributionsare not used to harass or threaten (in the legal sense of those terms) anyother person and to promote violence against a specific person or class ofpeople.
9. Your Contributionsdo not violate any applicable law, regulation, or rule.
10. Your Contributionsdo not violate the privacy or publicity rights of any third party.
11. Your Contributionsdo not violate any applicable law concerning child pornography, or otherwiseintended to protect the health or well-being of minors.
12. Your Contributionsdo not include any offensive comments that are connected to race, nationalorigin, gender, sexual preference, or physical handicap.
13. Your Contributionsdo not otherwise violate, or link to material that violates, any provision ofthis License Agreement, or any applicable law or regulation.
Any use of theLicensed Application in violation of the foregoing violates this LicenseAgreement and may result in, among other things, termination or suspension ofyour rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
By posting yourContributions to any part of the Licensed Application or making Contributionsaccessible to the Licensed Application by linking your account from theLicensed Application to any of your social networking accounts, youautomatically grant, and you represent and warrant that you have the right togrant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,transferable, royalty-free, fully-paid, worldwide right, and license to host,use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle,archive, store, cache, publicly display, reformat, translate, transmit, excerpt(in whole or in part), and distribute such Contributions (including, withoutlimitation, your image and voice) for any purpose, commercial advertising, orotherwise, and to prepare derivative works of, or incorporate in other works,such as Contributions, and grant and authorize sublicenses of the foregoing.The use and distribution may occur in any media formats and through any mediachannels.
This license willapply to any form, media, or technology now known or hereafter developed, andincludes our use of your name, company name, and franchise name, as applicable,and any of the trademarks, service marks, trade names, logos, and personal andcommercial images you provide. You waive all moral rights in yourContributions, and you warrant that moral rights have not otherwise beenasserted in your Contributions.
We do not assert anyownership over your Contributions. You retain full ownership of all of yourContributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area in theLicensed Application. You are solely responsible for your Contributions to theLicensed Application and you expressly agree to exonerate us from any and allresponsibility and to refrain from any legal action against us regarding yourContributions.
We have the right, inour sole and absolute discretion, (1) to edit, redact, or otherwise change anyContributions; (2) to recategorize any Contributions to place them in moreappropriate locations in the Licensed Application; and (3) to prescreen ordelete any Contributions at any time and for any reason, without notice. Wehave no obligation to monitor your Contributions.
8. LIABILITY
8.1 Licensor'sresponsibility in the case of violation of obligations and tort shall belimited to intent and gross negligence. Only in case of a breach of essentialcontractual duties (cardinal obligations), Licensor shall also be liable incase of slight negligence. In any case, liability shall be limited to theforeseeable, contractually typical damages.
8.2 Licensortakes no accountability or responsibility for any damages caused due to abreach of duties according to Section 2 of this License Agreement. To avoiddata loss, You are required to make use of backup functions of the LicensedApplication to the extent allowed by applicable third-party terms andconditions of use. You are aware that in case of alterations or manipulationsof the Licensed Application, You will not have access to the Licensed Application.
8.3 Licensortakes no accountability and responsibility in case of for lost, damaged, or stolen goods placed inphysical lockers; or loss, damage, physical or mental injuries that occur dueto use of the Service by You..
8.4 Licensortakes no accountability and responsibility in case of for lost of business revenue or businessdamages or any impact on users business .
9. WARRANTY
9.1 Licensorwarrants that the Licensed Application is free of spyware, trojan horses,viruses, or any other malware at the time of Your download. Licensor warrantsthat the Licensed Application works as described in the user documentation.
9.2 No warrantyis provided for the Licensed Application that is not executable on the device,that has been unauthorizedly modified, handled inappropriately or culpably,combined or installed with inappropriate hardware or software, used withinappropriate accessories, regardless if by Yourself or by third parties, or ifthere are any other reasons outside of Koloni, Inc. 's sphere ofinfluence that affect the executability of the Licensed Application.
9.3 You arerequired to inspect the Licensed Application immediately after installing itand notify Koloni, Inc. about issues discovered without delay byemail provided in Product Claims. The defect report will be taken intoconsideration and further investigated if it has been emailed within a periodof thirty (30) days after discovery.
9.4 If weconfirm that the Licensed Application is defective, Koloni,Inc. reserves a choice to remedy the situation either by means of solvingthe defect or substitute delivery.
9.5 In the event of any failure of theLicensed Application to conform to any applicable warranty, You may notify theServices Store Operator, and Your Licensed Application purchase price will berefunded to You. To the maximum extent permitted by applicable law, theServices Store Operator will have no other warranty obligation whatsoever withrespect to the Licensed Application, and any other losses, claims, damages,liabilities, expenses, and costs attributable to any negligence to adhere toany warranty.
9.6 If the user is an entrepreneur,any claim based on faults expires after a statutory period of limitationamounting to twelve (12) months after the Licensed Application was madeavailable to the user. The statutory periods of limitation given by law applyfor users who are consumers.
10. PRODUCT CLAIMS
Koloni, Inc. andthe End-User acknowledgethat Koloni, Inc. , and not the Services, is responsible foraddressing any claims of the End-User or any third party relating to theLicensed Application or the End-User’s possession and/or use of that LicensedApplication, including, but not limited to:
(i) product liabilityclaims;
(ii) any claim thatthe Licensed Application fails to conform to any applicable legal or regulatoryrequirement; and
(iii) claims arisingunder consumer protection, privacy, or similar legislation, including inconnection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent andwarrant that You are not located in a country that is subject to a USGovernment embargo, or that has been designated by the US Government as a"terrorist supporting" country; and that You are not listed on any USGovernment list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries,complaints, questions or claims concerning the Licensed Application, pleasecontact:
Kate Lyon
158 Touhy Ct
Des Plaines, IL 60018
United States
info@koloni.me
13. TERMINATION
The license is validuntil terminated by Koloni, Inc. or by You. Your rights under thislicense will terminate automatically and without notice from Koloni,Inc. if You fail to adhere to any term(s) of this license. Upon Licensetermination, You shall stop all use of the Licensed Application, and destroyall copies, full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Koloni,Inc. represents and warrants that Koloni, Inc. will comply withapplicable third-party terms of agreement when using Licensed Application.
In Accordance withSection 9 of the "Instructions for Minimum Terms of Developer's End-UserLicense Agreement," both Apple and Google and their subsidiariesshall be third-party beneficiaries of this End User License Agreement and —upon Your acceptance of the terms and conditions of this LicenseAgreement, both Apple and Google will have the right (and will bedeemed to have accepted the right) to enforce this End User License Agreementagainst You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Koloni, Inc. andthe End-User acknowledge that, in the event of any third-party claim that theLicensed Application or the End-User's possession and use of that LicensedApplication infringes on the third party's intellectual propertyrights, Koloni, Inc., and not the Services, will be solely responsible forthe investigation, defense, settlement, and discharge or any such intellectualproperty infringement claims.
16. APPLICABLE LAW
This License Agreementis governed by the laws of the State of Iowa excluding itsconflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of thisagreement should be or become invalid, the validity of the remaining provisionsshall not be affected. Invalid terms will be replaced by valid ones formulatedin a way that will achieve the primary purpose.
17.2 Collateral agreements, changes andamendments are only valid if laid down in writing. The preceding clause canonly be waived in writing.
