End User License Agreement (EULA)

Welcome to Assemblr!

Assemblr is a mobile application developed by Assemblr. By using Assemblr Mobile Application (this “Application”), you hereby agree to be bound by this Assemblr Mobile Application License Agreement (this “License Agreement”).

This End User License Agreement sets forth the terms and conditions governing the use of any Assemblr mobile application downloaded or otherwise acquired by you that is designed to operate on any device you own or control which runs any non-Apple Inc. mobile operating system (“Device”).

You acknowledge that this Agreement is entered into by and between you and the Assemblr affiliate identified in Assemblr as licensor of Assemblr, and not with any third party Device platform or associated service provider or telecommunications carrier or the third party from whom you are downloading this App or any of their affiliates (each, a “Service Provider”, collectively, “Service Providers”). You also acknowledge that Service Providers have no obligation hereunder to furnish any maintenance and support services with respect to Assemblr. If documentation is provided with Assemblr, you may copy and use the documentation for your internal, reference purposes. Certain features of this Application may require you to be a registered Assemblr user or provide your personal information.

You must also comply with the usage rules established by any Service Providers that apply to your Device ("Usage Rules"). Such Usage Rules are incorporated herein by reference. It is your responsibility to determine what Usage Rules apply to your use of Assemblr, as they may be applicable to you depending on (i) your Device, (ii) the method by which you downloaded or otherwise acquired Assemblr, and (iii) the third party from whom you downloaded or otherwise acquired Assemblr. Any third party Device platform or the third party from whom you are downloading this App may make it a condition of their agreements with you, that Assemblr made available through such distribution service, be downloaded, installed and used only on certain proprietary handheld software platforms operating on a Device.

If you do not wish to accept this Agreement, do not use Assemblr.

Changes

Assemblr reserves the right to update, revise, supplement and otherwise modify this Agreement from time to time. Any such changes to this Agreement will be effective immediately for new users and thirty (30) days after notification (including by posting a notice on the applicable Assemblr website) for current users. Registered users are encouraged to review this Agreement periodically for changes. If you do not wish to accept any change, please uninstall and discontinue using Assemblr. Your continued use of Assemblr following the thirty (30) day notice period constitutes your acceptance of those changes.

Security

The information that Assemblr collects may be stored locally on your Device and may be transmitted to our servers in countries of the European Union (“EU”), the United States (“U.S.”), and/or other countries where Assemblr, its affiliates or any of their service providers operate. The transmission of information over wireless and wired networks is not inherently secure. Assemblr uses many tools to help protect your personal information against unauthorized access and disclosure. However, we do not guarantee that your personal information or private communications will always remain private when using Assemblr.

User Control and Uninstall

You can access and change user settings for Assemblr or delete your search history from the options/settings menu on your Device. Uninstallation methods vary depending on your Device. To uninstall Assemblr, please consult your Device manual.

Grant of License

Assemblr grants to you a non-transferable, non-exclusive and revocable license to install one copy of Assemblr on your Device and use Assemblr according to the terms and conditions set forth in this Agreement. Assemblr is licensed, not sold, to you. Except as expressly granted by this Agreement or otherwise by Assemblr or its licensors in writing, you acquire no right, title or license in Assemblr or any data, software, content, application or materials accessed from or incorporated in Assemblr. This Agreement does not give you any rights to any updates or upgrades to Assemblr or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to Assemblr developed by Assemblr or its suppliers or licensors at any time in the future. Except as required under applicable law, this license does not entitle you to receive any maintenance or support services with respect to Assemblr. Assemblr may provide Updates and/or support. If provided by Assemblr, updates may be delivered automatically or you may be notified when a new Update is ready to be installed, or we make such Updates available for download. You authorize Assemblr to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of Assemblr or for any reasonable business purpose. Your use of the Updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install or use a new or modified version of Assemblr.

License Restrictions

You agree to the following license restrictions: (a) to use Assemblr solely for your personal use; (b) to not install or use a copy of Assemblr on a device that you do not own or control; (c) to not duplicate, copy or distribute Assemblr, except as necessary to use it on your Device; (d) to not license, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit Assemblr or make Assemblr available to any third party; (e) to not use Assemblr for any fraudulent, unlawful or illegal activity or in any way that could harm Assemblr or impair anyone else’s use of it or a wireless network or to try to gain unauthorized access to any service, data, account or network by any means; (f) to not modify, translate, or create derivative works based on Assemblr or disassemble, decompile or reverse engineer any part of Assemblr, except and only to the extent that applicable law expressly permits, despite this limitation; (g) to not work around any technical limitations in Assemblr; and (h) to preserve all copyright and other proprietary rights notices on Assemblr and all copies thereof.

Term and termination

The license is effective for an indefinite period of time, until Assemblr terminates it, or until you provide notice to Assemblr of your decision to terminate it. Your rights under this license will terminate automatically without notice to you if you fail to comply with any of the provisions of this Agreement. Assemblr reserves the right to suspend, discontinue, enhance, update or otherwise modify Assemblr, or its availability to you, at any time without notice. Upon termination of the license to Assemblr, you will cease all use of Assemblr.

Warranty

Assemblr is provided subject to the ‘Disclaimer of Warranties and Liability’ section of the Assemblr Website Terms and Conditions. Service Providers have no warranty obligation hereunder and give no guarantees with respect to Assemblr or in relation to the sale, distribution or use thereof. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to Assemblr’s warranty will be Assemblr’s sole responsibility. To the extent permitted by applicable law, Service Providers exclude any implied warranties or conditions, including, without limitation, any implied warranties or conditions of quality, performance, results, durability, title, merchantability, fitness for a particular purpose and non-infringement arising by statute or otherwise in law or from a course of dealing or usage of trade arising out of or related to this Agreement or arising out of or related to any associated programs, processes, products or services or their performance or their failure to perform. Service Providers shall not be responsible for any breach of this Agreement.

Product claims

You acknowledge that Assemblr, not any Service Provider, is responsible for addressing any claim you or any third party may have relating to Assemblr or your possession and/or use of Assemblr, including but not limited to: (i) product liability claims; (ii) any claim that Assemblr fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights

You acknowledge that, in the event of any third party claim that Assemblr or your possession and/or use of Assemblr infringes that third party’s intellectual property rights, Assemblr, not any Service Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Third Party Beneficiary

You acknowledge and agree that Service Providers are third party beneficiaries of these terms and upon your acceptance of the terms of this Agreement, Service Providers will have the right (and are deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof.

Product questions and contact

The Assemblr company that licenses Assemblr, not any Service Provider, is responsible for addressing any questions, comments or claims relating to Assemblr and/or your use of Assemblr. Send an email to [email protected] to which you can direct your questions.

Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) you will comply with all relevant U.N. and EU sanctions and embargoes.

Inappropriate Content

Assemblr reserves every right to take down and ban user accounts found to upload or promote inappropriate content into the Assemblr server. Assemblr has a dedicated team to monitor and filter out inappropriate content, which constitutes the following types of content: (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Assemblr reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Assemblr intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.


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