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
Wine
Club
Cuvée
LLC
'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
Wine
Club
Cuvée
LLC
's
prior
written
consent).
2
.
5
You
may
not
copy
(excluding
when
expressly
authorized
by
this
license
and
the
Usage
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.
3.
TECHNICAL
REQUIREMENTS
3.
1
The
Licensed
Application
requires
a
firmware
version
1.0.0
or
higher
.
Licensor
recommends
using
the
latest
version
of
the
firmware.
3.
2
Licensor
attempts
to
keep
the
Licensed
Application
updated
so
that
it
complies
with
modified/new
versions
of
the
firmware
and
new
hardware.
You
are
not
granted
rights
to
claim
such
an
update.
3.
3
You
acknowledge
that
it
is
Your
responsibility
to
confirm
and
determine
that
the
app
end-user
device
on
which
You
intend
to
use
the
Licensed
Application
satisfies
the
technical
specifications
mentioned
above.
3.
4
Licensor
reserves
the
right
to
modify
the
technical
specifications
as
it
sees
appropriate
at
any
time.
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 info@wineclubcuvee.com
4.2
Wine
Club
Cuvée
LLC
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,
only with Wine Club Cuvée's approved list.
5.
USE OF
DATA
You
acknowledge
that
Licensor
will
be
able
to
access
and
adjust
Your
downloaded
Licensed
Application
content
and
Your
personal
information,
and
that
Licensor's
use
of
such
material
and
information
is
subject
to
Your
legal
agreements
with
Licensor
and
Licensor's
privacy
policy
:
https://wineclubcuvee.com/privacy-policy/
.
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.
9.
WARRANTY