2.1
You
are
given
a
non-transferable,
non-exclusive,
non-sublicensable
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
Licensed
Application
may
be
accessed
and
used
by
other
accounts
associated
with
You
(End-User,
The
Purchaser)
via
Family
Sharing
or
volume
purchasing.
2
.
2
This
license
will
also
govern
any
updates
of
the
Licensed
Application
provided
by
Licensor
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
kinlink
'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
kinlink
's
prior
written
consent).
2
.
5
Violations
of
the
obligations
mentioned
above,
as
well
as
the
attempt
of
such
infringement,
may
be
subject
to
prosecution
and
damages.
2
.
6
Licensor
reserves
the
right
to
modify
the
terms
and
conditions
of
licensing.
2
.
7
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.
3.
TECHNICAL
REQUIREMENTS
4.
MAINTENANCE AND
SUPPORT
4.1
The Licensor is solely responsible for providing any maintenance and
support
services for this Licensed Application. You can reach the Licensor at
the email
address listed in the App Store
or
Play Store Overview for this
Licensed
Application.
4.2
kinlink
and
the
End-User
acknowledge
that
the
Services
have
no
obligation
whatsoever
to
furnish
any
maintenance
and
support
services
with
respect
to
the
Licensed
Application.
5.
USE OF
DATA
You acknowledge that the Licensor may
periodically
collect and use technical data and related information about your
device,
system, and application software, and peripherals, offer product
support,
facilitate the software updates, and for purposes of providing other
services to
you (if any) related to the Licensed Application. Licensor may also use
this
information to improve its products or to provide services or
technologies to
you, as long as it is in a form that does not personally identify
you.
6.
USER-GENERATED
CONTRIBUTIONS
The
Licensed
Application
may
invite
you
to
chat,
contribute
to,
or
participate
in
blogs,
message
boards,
online
forums,
and
other
functionality,
and
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
Licensed
Application,
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
the
Licensed
Application
and
through
third-party
websites
or
applications.
As
such,
any
Contributions
you
transmit
may
be
treated
as
non-confidential
and
non-proprietary.
When
you
create
or
make
available
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 the proprietary rights, including but not limited to the
copyright,
patent, trademark, trade secret, or moral rights of any third
party.
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 Licensed
Application, and other users of the Licensed Application to use your
Contributions in any manner contemplated by the Licensed Application and
this
License Agreement.
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.
4.
Your
Contributions are not false, inaccurate, or misleading.
5.
Your
Contributions are not unsolicited or
unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or
other forms of solicitation.
6.
Your
Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing,
libelous, slanderous, or
otherwise
objectionable (as determined by us).
7.
Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
8.
Your
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.
9.
Your
Contributions do not violate any applicable law, regulation, or
rule.
10.
Your
Contributions do not violate the privacy or publicity rights of any
third
party.
11.
Your
Contributions do not violate any applicable law concerning child
pornography, or
otherwise intended to protect the health or well-being of minors.
12.
Your
Contributions do not include any offensive comments that are connected
to race,
national origin, gender, sexual preference, or physical handicap.
13.
Your
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.
7.
CONTRIBUTION
LICENSE
By posting your Contributions to any part of
the
Licensed Application or making Contributions accessible to the Licensed
Application by linking your account from the Licensed Application to any
of your
social networking accounts, you automatically grant, and you represent
and
warrant that you have the right to grant, 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, without limitation, your
image and
voice) for any purpose, commercial advertising, or otherwise, 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 media
channels.
This license
will apply to any form,
media,
or technology now known or hereafter developed, and includes our use of
your
name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and
commercial
images you provide. You waive all moral rights in your Contributions,
and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your
Contributions.
You retain full ownership of all of your Contributions and any
intellectual
property rights or other proprietary rights associated with your
Contributions.
We are not liable for any statements or representations in your
Contributions
provided by you in any area in the Licensed Application. You are solely
responsible for your Contributions to the Licensed Application and you
expressly
agree to exonerate us from any and all responsibility and to refrain
from any
legal action against us regarding your Contributions.
We have the right, in our sole and absolute
discretion,
(1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to
place
them in more appropriate locations in the Licensed Application; and (3)
to
prescreen or delete any Contributions at any time and for any reason,
without
notice. We have no obligation to monitor your Contributions.
8.
LIABILITY
8
.1
Licensor's
responsibility
in
the
case
of
violation
of
obligations
and
tort
shall
be
limited
to
intent
and
gross
negligence.
Only
in
case
of
a
breach
of
essential
contractual
duties
(cardinal
obligations),
Licensor
shall
also
be
liable
in
case
of
slight
negligence.
In
any
case,
liability
shall
be
limited
to
the
foreseeable,
contractually
typical
damages.
The
limitation
mentioned
above
does
not
apply
to
injuries
to
life,
limb,
or
health.
8
.2
Licensor
takes
no
accountability
or
responsibility
for
any
damages
caused
due
to
a
breach
of
duties
according
to
Section
2
of
this
License
Agreement.
To
avoid
data
loss,
You
are
required
to
make
use
of
backup
functions
of
the
Licensed
Application
to
the
extent
allowed
by
applicable
third-party
terms
and
conditions
of
use.
You
are
aware
that
in
case
of
alterations
or
manipulations
of
the
Licensed
Application,
You
will
not
have
access
to
the
Licensed
Application.
8
.3
Licensor
takes
no
accountability
and
responsibility
in
case
of
disputes
with
other
neighbors
of
the
app.
kinlink
is
not
responsible
for
the
actions
of
our
neighbors.
Each
neighbor
is
solely
responsible
for
their
own
actions
and
behavior.
whether
they
are
using
kinlink
or
meeting
in
real
life.
Accordingly,
you
agree
that
kinlink
has
no
responsibility
for
the
conduct
of
neighbors
or
local
businesses
and
to
the
maximum
extent
permitted
by
applicable
law,
you
hereby
release
kinlink
from
losses,
liabilities,
claims,
demands,
and
damages
(actual
and
consequential)
of
every
kind
and
nature,
known
and
unknown,
arising
out
of
or
in
any
way
connected
with
disputes
involving
you
with
other
neighbors.
.
9.
WARRANTY