2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sub-licensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such LicensedApplication may be accessed and used by other accounts associated with You (End User, Purchaser) via Family or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided byLicensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3 You may not share or make the Licensed Application available to third parties(unless to the degree allowed by the Usage Rules, and with EFL Flashcards 's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile,remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with EFL Flashcards 's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and theUsage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license , the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access 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 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
5. USER-GENERATED CONTRIBUTIONS
The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the LicensedApplication, including but not limited to text, writings, video, audio, photographs,graphics, comments, suggestions, or personal information or other material(collectively, "Contributions" ).
Contributions may be viewable by other users of theLicensed Application and through third-party websites or applications. As such, anyContributions you transmit may be treated in accordance with the LicensedApplication Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
5.1 The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
5.2 You are the creator and owner of or have the necessary licenses , rights, consents, releases, and permissions to use and to authorize us, the LicensedApplication, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
5.3 You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
5.4 Our Contributions are not false, inaccurate, or misleading.
5.5 Our Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
5.6 Our Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous , slanderous, or otherwise objectionable (as determined by us).
5.7 Our Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
5.8 Our Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
5.9 Our Contributions do not violate any applicable law, regulation, or rule.
5.10 Your Contributions do not violate the privacy or publicity rights of any third-party.
5.11 Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
5.12 Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
5.13 Our Contributions do not otherwise violate, or link to material that violates,any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
8. WARRANTY
8.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses,viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
8.2 No warranty is 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 within appropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of EFL Flashcards 's sphere of influence that affect the executability of the Licensed Application.
8.3 You are required to inspect the Licensed Application immediately after installing it and notify EFL Flashcards about issues discovered without delay by email provided in Product Claims . The defect report will be taken into consideration and further investigated if it has been emailed within a period of sixty (60) days after discovery.
8.4 If we confirm that the Licensed Application is defective, EFL Flashcards reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
8.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your LicensedApplication purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims,damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
8.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.