AppForce II END USER LICENSE

AppForce II END USER LICENSE

AGREEMENT (EULA)

1 EULA

This Agreement governs the use by the licensee (“you”) of the AppForce II application (the “Application”), which is provided to the Users by DMN Technology,

Inc (hereafter “DMN Technology” or “GloriaForce”). By using this Application, you assert that you

have read and agree to this End User License Agreement (hereafter “EULA”

or the “Agreement”). This EULA forms a legally binding agreement between you

and DMN Technology. Please refrain from using this Application if you do not agree with this

EULA.

2 DEFINITIONS

2.1 For this EULA, these terms shall be understood as follows:

2.1.1 “DMN Technology”, “Power of Victory” or “us” means GloriaForce, Inc.

2.1.2 “DMN Technology IP” means all intellectual property, including but not limited to copyrights, trademarks, models, designs, moral rights, inventions, patents, trade secrets, know-how, and other confidential and proprietary information that DMN Technology developed, owns, or has a license to use.

 

2.1.3 “Agreement” or “EULA” means the terms set out in the present agreement, including all its annexes, amendments, and supplements provided to the User, displayed or otherwise featured on the Device and/or available on the Website.

 

2.1.4 “Affiliates” means an entity in which DMN Technology directly or indirectly holds more than fifty percent (50%) of the issued share capital or voting rights or which is otherwise controlled by GloriaForce, it being understood that an entity is controlled by DMN Technology if DMN Technology has the power, de jure or de facto, to exercise decisive influence over the appointment of the majority of its directors or managers or the direction of its management. Any such entity shall be considered an Affiliate for only such time as DMN Technology continues to control such entity or own such interest as mentioned above.

2.1.5 “Application” means the AppForce II application, a proprietary software application developed, owned, and/or maintained by DMN Technology, Inc and distributed exclusively on GloriaForce Devices, whether in the first (MOL1) or second version (MOL2) or third version (MOL3) or any official subsequent versions. The Application is designed to play back the Content and is intended for personal use only. The Application does not include any Content.

2.1.6 “Content” means IPTV channels and playlists, as well as other media

material stored on the Device or any external storage and legally obtained by the User, including any data, information, Applications, or materials from third parties or links to certain third-party websites, as supported by the Application.

2.1.7 “Designated Countries” means the countries in which DMN Technology distributes the

Devices and/or in which the User is entitled to use the Device.

2.1.8 “Device” means the legally obtained GloriaForce device, manufactured and/or distributed by DMN Technology and used by the User to access the Application.

2.1.9 “Essential Update” means any update essential for the (legal) functioning of the Device and/or Application.

2.1.10 “Product Liability Directive” means the Council Directive 85/374/EEC I of 25 July 1985 on the approximation of the laws, regulations, and administrative provisions of the Member States concerning liability for defective products.

2.1.11 “Third-Party Data” means Content or other software, services, material, messages (including commercial and non-commercial messages), links to Internet sites, and other data either created by or sent to, your Device through the Application by any non-DMN Technology entity or person (including you).

2.1.12 “User” means a person using the Application and/or the Device under this

EULA.

2.1.13 “Website” means the website hosted on the domain https://gloriaforce.com/ 

2.2 Terms not defined in this section 2.1 should be construed by the general context of the Agreement, governing law, and general business practice. Capitalized terms not defined in this section 2.1 will have the meaning given to them in this Agreement.

 

3 LICENSE

3.1 DMN Technology grants you a non-exclusive, limited, personal, revocable (in whole or in part) license to use the Application on a single Device, according to this agreement. You agree not to install, use or run the Application on any device other than a Device, or to enable others to do so. Subject to the limited rights expressly granted herein, DMN Technology reserves all its rights, titles, and interests in and to

the Application including all of its related intellectual property rights. No rights are granted to the User hereunder other than as expressly set forth herein.

3.2 Although the Application is intended for your personal use only, you are responsible for anyone using the Application through your Device (whether you gave them permission or not), and for ensuring they understand and agree to this Agreement.

3.3 This Agreement does not allow the Application to existing on more than one device at a time, and you may not make the Application available over a network where it could be used by multiple Devices or multiple computers at the same time. This Agreement does not grant you any rights to use DMN Technology proprietary interfaces and other intellectual property rights in the design, development manufacture, licensing, or distribution of third-party devices and accessories, or third-party software applications. for use with the Device. third-party software Applications, for use with the Device.

3.4 The Application and/or Device may not be used for commercial or illegal purposes, in a way that may harm other people, companies, or their properties, or in any unauthorized or improper manner as might be specified from time to time in this Agreement or otherwise. In particular:

3.4.1 You shall not (enable others to) modify, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or create derivative works based on the Application, including in particular its source and/or object code, or any part, feature, function or user interface thereof, without DMN Technology’ prior written consent (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing the use of open-source components that may be included with the Application). Similarly, you may not host, intercept or emulate any part of the Device or the Application;

3.4.2 You shall not (enable others to) use the Application to store, transmit, access, or otherwise use any infringing, libelous, or otherwise unlawful or tortious materials, or to store, transmit, access, or otherwise use any materials in violation of third-party rights, in particular, privacy and/or intellectual property rights you recognize that DMN Technology is not in any way responsible for any such use by (others enabled by) you, nor for any harassing, threatening, defamatory, offensive,

infringing or illegal messages or transmissions that you may receive as a result of using the Application and/or the Device;

3.4.3 You shall not (enable others to) exploit the Application and/or the Device in any unauthorized way whatsoever or in any way harmful to you, the Application and/or Device, or others, including but not limited to, using it to store, transmit, access or otherwise use any viruses, adware, spyware, worms, trojan horses or any other malware or harmful or malicious code, or by trespass or burdening network capacity;

 

3.4.4 You shall not (enable others to) interfere with or disrupt the integrity or performance of the Application, its source and/or object code or Third-Party Data contained therein;

3.4.5 You shall not (enable others to) attempt to gain unauthorized access to the Application, its source and/or object code, or its related systems or networks;

3.4.6 You shall not remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Device or Application, features that prevent or restrict the use or copying of any Content accessible through the Application, features that enforce limitations on the use of the Application, or delete the copyright or other IP rights notices on the Application or Content, or attempt to circumvent any Content filtering techniques we employ, or attempt to access any Content or features of the Application that you are not authorized to access;

3.4.7 You shall not (enable others to) modify, rent, lend, lease, sell, resell, license, sublicense, (re)distribute, make available, or create derivative works based on the application and/or the Device or any part thereof, in any manner;

3.4.8 You are solely responsible for the Content accessed through the

Application and the consequences thereof. You recognize and agree that any Content is accessed at your own risk. You declare, represent, and warrant that your use of the Application is in compliance with the requirements of any applicable laws and regulations and does not infringe any third-party right, in particular intellectual property rights of third parties, including, but not limited to, copyright and related rights, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. Any content data file, text, software, music photographs, audio files, photos, videos, or any other form of audiovisual data displayed by, stored on, accessed, or otherwise used through the Application belongs to the respective Content owners. Such Content may be protected by copyright or other intellectual property laws and treaties and may be subject to the terms and conditions of the third party providing such Content.

The Application may be used to play back Content so long as such use is limited to the playback of non-copyrighted Content, Content in which the User owns the copyright or Content that the User is authorized or legally permitted to playback or

otherwise use. You must clear all Content or other Third-Party Data, and any other sensitive and/or personal information stored on your Device before selling or otherwise transferring your Device.

3.4.9 You shall not use the Application and/or Device to engage in or to facilitate any activity that, directly or indirectly, (threatens to) exploit(s) or harm(s) children, nor to facilitate or engage in activity that is fraudulent, false, or misleading.

3.5 DMN Technology reserves all rights and remedies against any Users who breach these representations and warranties.

3.6 The Application is licensed to you for use on your Device only in the

Designated Countries.

3.7 At its sole discretion, DMN Technology may make available future updates and/or upgrades to the Application for your Device. The terms and conditions set out in this Agreement shall apply to any software updates and/or upgrades provided by DMN Technology that replace and/or supplement the original Application on your Device, unless such update and/or upgrade is accompanied by a separate license

stipulating that its terms will apply, to the extent set out therein. By using the Application, you agree that DMN Technology may automatically download and install updates or upgrades to the Application onto your device. Except for Essential Updates, you can turn off such automatic updates and/or upgrades in the settings, if applicable.

 

4 UNAUTHORIZED SOFTWARE, SERVICES, OR DEVICES OR UNLICENSED

ACCESSORIES

 

You agree not to use the Device and/or the Application with unauthorized 

wyive TV IN UTV prvi LIVE software, services, or any unlicensed accessories. Such use may cause injury to you or others or may result in performance issues or damage to your Device and/or Application. It will be illegal, void any warranty and constitute a breach

of this Agreement. Such use may also lead to injury to you or others or cause

performance issues or damage to your Device or the Application.

DMN Technology, its Affiliates, licensees, and/or distributors are in no way responsible for damage or loss caused by unauthorized software, services, or unlicensed accessories. We can take steps to remove or disable any such unauthorized software, or services used on your Device and/or to disable or suspend your access

to the Application and/or Device.

 

5 UPDATES & CHANGES

 

You recognize and agree that the Device and the Application are subject to changes over time and that we may (automatically) update, upgrade, or otherwise change (a part of) the Application or any feature or aspect thereof, including its design, even without notice to you and/or without your consent, and, except in the event of our fraud or malicious intent, without liability to us. This includes, but is not limited to, the availability of all or any part of the Application or Content. Such updates may be required for you to continue to access the Application. We may also, change, upgrade, or terminate the Application or a version thereof without

notice to you and/or without your consent. You recognize and agree that DMN Technology has the right to promote the Application and/

or Device, to post advertising materials on any part of the Application and the Website including, but not limited to, online videos, animation and advertising

commercials, banners, and contextual advertising.

You understand that DMN Technology has the right to unilaterally amend this Agreement at its sole discretion and without prior notification, by making an updated text of this

Agreement available on its Website.

6 THIRD-PARTY DATA, CONTENT AND THIRD-PARTY PROVIDERS

You agree and acknowledge that DMN Technology is not responsible for any Third-Party

Data or for any action taken by you in relation thereto (including but not limited to

accessing, modifying, distributing, or providing Third-Party Data). All Third-Party

Data is the sole responsibility of the creator or sender of that Third-Party Data. We

may from time to time choose to supervise, monitor, store, or maintain Third-Party Data or respond to complaints relating to Third-Party Data, as further set out in our

Privacy Policy.

Conform this Privacy Policy, and to the extent legally permitted, we may use,

access, and/or disclose any Third-Party Data in order to protect our rights, other

Users of the Application or to comply with a legal obligation. We may use third

parties to provide any portion of the Application. We may offer third party services

or material to you (including Content) through the Application. We may also allow

third parties to directly provide Third-Party Data to you through the Application.

The Application and/or the Device may in particular be used to display, include or make available Content. By using the Device and/or the Application, you

acknowledge and agree that DMN Technology is in no way responsible for examining or

evaluating the content, accuracy, completeness, timeliness, validity, copyright

compliance, legality, decency, quality or any other aspect of such Content or

other Third-Party Data. DMN Technology and its employees, affiliated and subsidiaries

do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Content or other Third-Party Data. Any Content or other Third-Party Data that would be provided by DMN Technology are provided solely as a convenience to you. 

 

7 INTELLECTUAL PROPERTY

You agree and acknowledge that DMN Technology owns all rights, titles and interests in, and/

or has the exclusive right to distribute, sublicense or otherwise use the Application

and the DMN Technology IP. Except as explicitly set out under this Agreement, the use of this

Application does not provide you with any right, titles or interest in the Application

or in the DMN Technology IP.

Except as expressly authorized under this Agreement and/or by DMN Technology in writing, you may not create works based on the Application and/or the DMN Technology IP, nor modify, distribute, or otherwise transmit the Application and/or the Application

and/or the DMN Technology IP. If you do not respect these requirements, DMN Technology shall own all

rights, titles, and interests in any works created, adapted, distributed, or otherwise

transmitted via the Application, or, in the alternative, an unlimited license thereto.

You agree and acknowledge that you will not use the Device and/or the

Application other than for permitted use or in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party or Aloys. No part of the Application and/or the DMN Technology IP may be reproduced in any form or by any means. DMN Technology respects the intellectual property of others. If you believe that any material within the Application and/or Device infringes upon any intellectual property right which you own or control, you

may file a notice of such infringement with us, by post at the following address Westerwieher Str. 46,33397 Rietberg DE or by e-mail to the following e-mail address [email protected] or [email protected] 

 

8 DATA PROTECTION

 

Your privacy and the security of your personal data is of importance to us, and we are committed to protecting your privacy and the security of your personal data to the best of our abilities. For more information about our privacy and security

practices, we refer to our Privacy Policy, which applies to all personal data that

might be collected through the Application. The latest version of this Privacy Policy, which can be subject to revisions from time to time, can be found on our website. You may also contact our customer-service department in order to ask us

to send you the latest version, electronically free of charge.

 

9 LIMITED RESPONSIBILITIES AND INDEMNIFICATION

9.1 You hereby agree to waive any and all rights to claim from DMN Technology damages

or losses caused to you or relating to your inability to use the Application (or

to anyone else using the Application through your Device), to the fullest extent

permitted by applicable law. You understand that you might never be fully

compensated for such damages or losses if we or one of our (or our Affiliates or

their) licensees, licensors, distributors or suppliers (collectively referred to in this Article 10 as “we”, “us” or “our”) somehow harm you, as we limit our liability to you

(and to others) in a number of ways, to the fullest extent permitted by applicable

law:

9.1.1 Your ability to recover damages or losses from us is limited: you may

recover only direct damages to the extent it results from our fault, up to the total

amount you have ever paid for the Device. You may also recover damages or

losses resulting from death or injury to the extent it results from negligence from

us and damage caused by the Device qualifying as a defective product within the

meaning of the Product Liability Directive without limit, and (ii) physical damage to losses resulting from death or injury to the extent it results from negligence from

us and damage caused by the Device qualifying as a defective product within the

meaning of the Product Liability Directive without limit, and (ii) physical damage to or loss of your tangible property to the extent it results from our negligence, up to the amount of €250,00 in respect of each incident or series of connected incidents

but not more than €1.000,00 in aggregate.

9.1.2 To the fullest extent permitted by applicable law, you may not recover any other types of damages, no matter the reason. You agree that we will never have to pay you indirect, incidental, punitive or consequential damages, cost or expense of any kind whatsoever and howsoever caused or any loss of or corruption to

data, failure to transmit or receive any data, loss of profits or of contracts, loss of

operation time, business interruption or any other commercial damages or losses,

including loss of goodwill, loss of anticipated savings and wasted management

time, arising out of or related to your use or inability to use the Application or any

Content or third party software or Applications in conjunction with the Application,

however caused, regardless of the theory of liability (contract, tort or otherwise).

even if we have been advised of their possibility.

9.1.3 We are also not liable to anyone else, or for the actions or inactions of

anyone else. If another person somehow harms you while using your Device or Application, we are not liable to you for that other person’s actions.

9.1.4 We are also not liable for non-performance or improper performance of our obligations due to failures in the telecommunications and/or energy networks, actions of malicious programs, removal and/or failure of the software/hardware systems of the Device, nor from unfair actions of third persons who have obtain unauthorized access or any other circumstances beyond our reasonable control.

9.1.5 We are totally separated from, have nothing to do with and are in no way responsible for the Content or any other Third-Party Data. In particular, we are not liable for the nature, genuineness and safety of such Content or other Third-Party Data, nor for its compliance with any applicable laws.

9.1.6 We are not responsible for examining or evaluating the Content or other

Third-Party Data in any way, and it is your sole responsibility to comply with any

applicable intellectual property and other laws and regulations. You understand

that, by using the Application, you may encounter Content or other Third-Party Data

that may be deemed offensive, indecent, or objectionable, and/or which may or

may not feature explicit language, and that you will therefore use the Application at your sole risk and that we shall have no liability to you for any Content.

These limitations on liability are applicable to all matters relating to the

Application and/or the Device, including your use of the Application and/or the Content that do not specify other limitations on liability, to the fullest extent permitted by applicable law. Moreover, these limitations on liability are also

applicable to any legal or equitable theory, including but not limited to breach of

warranty, breach of contract, strict liability, negligence, or other tort.

9.2 In case of breach of this Agreement by you causing harm to us or to any other company or person is, you will have to indemnify us (and our licensees licensors, and suppliers and any of our employees) from all of the losses and  

costs related to your breach, including our attorneys’ fees. You acknowledge that any breach of this Agreement will result in irreparable harm to us and therefore recognize that in addition to other remedies, we will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.

9.3 You must also indemnify us for any claims relating to Third-Party Data

that were modified, created, or sent by you. If we are found liable for any of your violations of the rights and/or interests of third parties and/or of another provision of law, you must fully reimburse the losses suffered by us in connection with such

violation.

9.4 The limitations of liability set out under this article 10 are not applicable in case of fraud or malicious intent from DMN Technology.

 

10 WARRANTIES

 

The Application and/or Device is provided to you “as is” and “as available”, with all faults and without warranty of any kind (including any implied warranties of merchantability, non-infringement, fitness for a particular purpose, (satisfactory) quality, accuracy, quiet enjoyment or performance), and DMN Technology and DMN Technology’ licensors hereby disclaim all warranties and conditions with respect to the Application and / or Device, either express, implied or statutory, to the maximum extent permitted

by applicable law. To the maximum extent permitted by applicable law, you expressly acknowledge that use of the Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you This implies, for instance, that we do not provide a guarantee that the Application will always work properly or uninterrupted, or that it will be free from errors, bugs, viruses, hacks, or other potentially harmful intrusions. Similarly, we do not guarantee that the Application and/or Device will continue to be made available that defects in the Application and/or Device will be corrected, or that the Lidl trecis innue Applicativi alluvi Device will be conected, on utat te

Application will be compatible or work with any third party software, Applications or third party services. Installation and/or use of this Application may affect the usability of third party software, Applications or third party services.

Information or advice, written or oral, given by DMN Technology and/or by an DMN Technology authorized representative or re-seller, shall in no way be construed as creating a warranty.

Should the Application and/or Device be defective, then you will assume the

entire cost of all necessary servicing, repair or correction, to the maximum extent allowed under applicable law.

 

11 LIMITATION ON CLAIMS

 

Should you think you have a claim against DMN Technology related to the Device and/or the

Application, you hereby agree that you must take legal action within one year

after the date of the alleged incident giving rise to the claim. After expiry of this

one-year period, you will not be entitled anymore to raise such a claim, to the

maximum extent permitted by applicable law.

 

12 EXPIRATION AND TERMINATION OF AGREEMENT

 

12.1 This Agreement is effective until termination by (either of) the Parties.

12.2 You may terminate this Agreement by removing the Application from

your Device and/or by discontinuing the use of the Application or the Device, as

applicable. To the fullest extent permitted by applicable law, this constitutes your

only remedy with respect to any dissatisfaction with (i) the Application, (ii) any

term of these Terms of Service, (iii) any policy or practice of DMN Technology in operating or updating the Application.

12.3 We may terminate this Agreement, or any portion thereof, at any time, subject to a written notice, for any reason whatsoever, to the fullest extent permitted by applicable law.

pened by applicable law.

12.4 In addition, we may, to the fullest extent permitted by applicable law, block

or prevent your future access to and use of the Application, and/or, subject to a

written notice, terminate this Agreement, including where we reasonably consider

that: (a) your use of the Application violates this Agreement or applicable law; (b)

you fraudulently use or misuse the Application; or (c) we are unable to continue

providing the Application to you due to technical or legitimate business reasons.

12.5 Termination will void any and all licenses granted in accordance with this Agreement and may prevent your (further) use of the Application. In the event this agreement is terminated or canceled, all provisions for which it results from the nature of the content that will survive the termination or cancellation

of this Agreement, will remain in effect, including in particular the following

clauses: clauses 4, 7, 1, 1, 1, 10, 15.3, and 15.4.

13 CURRENT AGREEMENTS AND UPDATE

The terms and conditions of this Agreement and/or the Privacy Policy and/or any other applicable terms may be subject to change at any time. The most recent version of this Agreement will be available on our Website. You may also contact

our customer service and ask them to send you the latest versions, electronically free of charge. In case of changes to this Agreement, we will post a notice in this regard on our Website at the latest five (5) days before the changes come into

effect. If you do not agree to these changes, you must remove and/or stop using

the Application in accordance with this Agreement.

14 MISCELLANEOUS

14.1

Sale, Transfer and Assignment

It is forbidden to assign all or any part of this Agreement or to sell or otherwise

transfer the Application to any third party. Any attempt by you to do so will be void.

 

14.2 Customer Service/Notices

14.2.1 To contact our customer service in relation to this Agreement, you may

send an email to [email protected]; or send a letter to Westerwieher Str. 46,33397 Rietberg DE to the attention of the Legal Team.

14.2.2 For all legal matters, such as to file a claim against us or to notify us of an alleged infringement, you must contact or notify us in writing at: Westerwieher Str. 46,33397 Rietberg DE to the attention of the Legal Team at the latest 10 working days after becoming aware thereof.

Governing Law and Jurisdiction

14.3

This Agreement will be construed in accordance with and governed by the Laws of

Belgium, excluding its conflict of law provisions, and each party agrees to submit

to the exclusive jurisdiction of the Courts of Brussels, Belgium. This Agreement

shall not be governed by the United Nations Convention on Contracts for the

International Sale of Goods, the Application of which is expressly excluded.

14.4 Severability

If any part of this Agreement is determined to be invalid or unenforceable, that part will no longer apply and will be considered deleted from the Agreement,

without prejudice to all other parts of the Agreement, which will remain in effect.

Furthermore, you agree that we may replace the invalid or unenforceable part by a provision which reflects or comes closest to reflecting the initial intention thereof.

You further agree and recognize that the fact that we do not enforce a provision of

the Agreement, does not imply that we are waiving our right to do so in the future.

14.5

Entire Agreement

This Agreement and any documents referred to herein constitute the entire

Agreement and understanding between you and DMN Technology relating to your use of the Application. This Agreement shall supersede all prior or contemporaneous understandings regarding such subject matter. An amendment to or modification of this Agreement will only be binding if it is written and signed by DMN Technology.

Translations of this Agreement are done for local requirements. In case of a dispute or discrepancy between the English and any non-English versions, the English version of this Agreement shall prevail, to the extent not prohibited by local law in your jurisdiction.