Caramelized App License Agreement and Terms of Use

Last updated: June 6, 2012

This is an agreement between you and Caramelized GmbH. Please read this Caramelized App License Agreement and Terms of Use before using the Caramelized App or any Digital Content. By using the Caramelized App or any Digital Content, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the Caramelized App, any Digital Content, or the Service.

For the purposes of this Agreement:??”Content Provider” means the party offering Digital Content in the Caramelized Shop, which may be us or a third party.

“Digital Content” means digitized electronic content obtained through the Caramelized Shop, such as books, newspapers, magazines, journals, blogs, RSS feeds, games, and other static and interactive electronic content. “Caramelized Shop” means our stores in the Caramelized App and on our website. “Reading Application” means software (including any updates/upgrades to that software) we make available that permits users to shop for, download, browse, and/or use Digital Content on an Other Device.?”Service” means the provision of Digital Content, Software, and support and other services that we provide Caramelized app users, and the terms and conditions under which we provide each of the foregoing.?”Software” means the Reading Applications and all software and any related documentation that we make available to you.

 

1. Digital Content

Use of Digital Content. Upon your download of Digital Content and payment of any applicable fees (including applicable taxes), the Content Provider grants you a non-exclusive right to view, use, and display such Digital Content an unlimited number of times, solely on the Caramelized App or as otherwise permitted as part of the Service, solely on up to 3 devices, and solely for your personal, non-commercial use. Digital Content is licensed, not sold, to you by the Content Provider. The Content Provider may include additional terms for use within its Digital Content. Those terms will also apply, but this Agreement will govern in the event of a conflict.

Limitations. Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the Digital Content or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Digital Content. In addition, you may not bypass, modify, defeat, or circumvent security features that protect the Digital Content.

2. Software

Use of the Software. You may use the Software only on an Apple iPad. You may not separate any individual component of the Software for use on another device or computer, may not transfer it for use on another device or computer or use it, or any portion of it, over a network, and may not sell, rent, lease, lend, distribute, or sublicense or otherwise assign any rights to the Software in whole or in part. Additional terms apply to some of the Software, and will govern the use of such Software in the event of a conflict with this Agreement.

Automatic Updates. In order to keep your Software up-to-date, Caramelized GmbH may automatically provide your Caramelized App with updates/upgrades to the Software.

No Reverse Engineering, Decompilation, Disassembly, or Circumvention. You may not modify, reverse engineer, decompile, or disassemble the Caramelized App, or the Digital Content whether in whole or in part, create any derivative works from or of the Software, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the Caramelized App or any mechanisms operatively linked to the Software, for example, by augmenting or substituting any digital rights management functionality of the Caramelized App.

3. General

Compliance with Law and Reservation of Rights. You will use the Caramelized App, the Service, and the Digital Content in compliance with all applicable laws. Neither the sale or transfer of a device to you, nor the license of the Software or Digital Content to you, transfers to you title to or ownership of any intellectual property rights of Caramelized GmbH or its suppliers or the other Content Providers. All licenses are non-exclusive and all rights not expressly granted in this Agreement are reserved to Caramelized or the other Content Providers.

Export Regulations. You will comply with all applicable export and re-export restrictions and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of, the Caramelized App, Digital Content, or Software to a prohibited country or otherwise in violation of any such restrictions or regulations.

Information Received. The Software will provide Caramelized GmbH with data about your Caramelized App and its interaction with the Service (such as available memory, up-time and log files). The Software will also provide Caramelized GmbH with information related to the Digital Content on your iPad and Other Devices and your use of it (such as last page read and content archiving). Annotations, bookmarks, notes, highlights, or similar markings you make using your Caremlized App and other information you provide may be stored on servers that are located outside the country in which you live. Any information we receive is subject to the Caramelized.com privacy notice located at www.caramelized.com/imprint.html.

Information Provided To Others. You are responsible for any information you provide to others using a Caramelized App. Any information you provide to a third party will be subject to the privacy notice or any similar terms that the third party provides to you, and will not be subject to the Caramelized.com Privacy Notice.

Patents. The Caramelized App, Software, and Service, and/or methods used in association with any of the foregoing, may be covered by one or more patents or pending patent applications.

Changes to Service. We may modify, suspend, or discontinue the Service, in whole or in part, at any time.

Termination. Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Software, and Caramelized GmbH may immediately revoke your access to the Service or to Digital Content without refund of any fees. Caramelized GmbH’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

Disclaimer of Warranties. USE OF THE SERVICE, CARAMELIZED SHOP, DIGITAL CONTENT, AND SOFTWARE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CARAMELIZED GMBH OR AN AUTHORIZED REPRESENTATIVE OF CARAMELIZED GMBH CREATES A WARRANTY, AND THE SERVICE, Caramelized App, CARAMELIZED SHOP, DIGITAL CONTENT, AND SOFTWARE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CARAMELIZED GMBH, ITS SUPPLIERS, ITS LICENSORS, AND THE OTHER CONTENT PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, SUCH AS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, CARAMELIZED, ITS SUPPLIERS, ITS LICENSORS, AND THE OTHER CONTENT PROVIDERS WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE SERVICE, APPLE IPAD, CARAMELIZED SHOP, DIGITAL CONTENT, OR SOFTWARE, SUCH AS ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE SERVICE, Caramelized App, OTHER DEVICES, CARAMELIZED SHOP, DIGITAL CONTENT, OR SOFTWARE OR ANY ASSOCIATED PRODUCT, EVEN IF CARAMELIZED GMBH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, CARAMELIZED GMBH’S AND THE OTHER CONTENT PROVIDERS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM RELATING TO PURCHASE OF DIGITAL CONTENT IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THAT DIGITAL CONTENT. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law. The laws of Germany, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Caremelized.

Disputes. Any dispute or claim relating in any way to your use of the Caramelized App or Caramelized Shop, or the goods or services sold or distributed by Caramelized GmbH or through the Caramelized App or Caramelized Shop, will be resolved by binding arbitration, rather than in court.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this License Agreement and Terms of Use as a court would.

You and Caramelized GmbH each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and Caramelized GmbH each waive any right to a jury trial. You and Caramelized GmbH also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Complete Agreement and Severability. Except for any additional terms that apply to the Software, this is the entire agreement between us and you regarding the Caramelized App, Digital Content, Software, and Service and supersedes all prior understandings regarding such subject matter. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

Amendment. We may amend any of the terms of this Agreement in our sole discretion by posting the revised terms on the Caramelized App or the Caramelized.com website. Your continued use of the Caramelized App, Digital Content, Service, or Software after the effective date of any such amendment constitutes your agreement to be bound by such amendment.

Right of withdrawal: We expressly point out that according to § 312 BGB of German civil code, paragraph 4, electronically delivered goods like e-books are excluded from the right of withdrawal. The right of return is in accordance with § 312 BGB of German civil code, paragraph 4, is not applicable to contracts for: the supply of goods and / or services that are produced according to customer specifications (especially software, scripts and Design/Graphic services) and the supply of audio or video recordings (eg CDs and DVDs) or of software, if it’s delivered by e-mail, or for download.

Contact Information. For communications concerning this Agreement, please contact Caramelized GmbH by email: info@caramelized.com.