End User License Agreement (EULA)

for Mobile / Android App's

By downloading, installing or using this application or any portion thereof ("Application"), you agree to the following terms and conditions (the "Terms and Conditions").

Mike Mitterer grants you the non-exclusive, non-transferable, limited right and license to install and use this Application solely and exclusively for your personal use.

For improving our application we log user behavior using Google Analytics.
This logging is stored on the Google Analytics server.

The Google Analytics usage license can be found on: [Google Analytics - Licence]

You should note that the analytics currently can not be turned off. If you do not want us to log your behavior please inform us and we will supply you with a version which does not log your behavior.

Crashes are reported to our server with ACRA

Statistics from Analytics and Crash-Reports are use only for improving the application and are used company.internal. We do not share this information with other parties!

You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Mike Mitterer and/or third parties own all right, title and interest in and to the Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto.

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application, (iii) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Mike Mitterer's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.

These Terms and Conditions will continue to apply until terminated by either you or Mike Mitterer as set forth below. You may terminate these Terms and Conditions at any time by permanently deleting the Application from your mobile device in its entirety. Your rights automatically and immediately terminate without notice from Mike Mitterer or any Third Party if you fail to comply with any provision of these Terms and Conditions. In such event, you must immediately delete the Application.

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Mike Mitterer, his affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Application, including your downloading, installation, or use of the Application, or your violation of these Terms and Conditions.

a. You expressly understand and agree that your use of the application is at your sole discretion and risk and that the application is provided “as is” and “as available” without warranty of any kind.
b. You are solely responsible for any damage to your mobile device, or other device, or loss of data that results from such use.

You expressly understand and agree that Mike Mitterer, his subsidiaries and affiliates, and his licensors are not liable to you under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you through your use of the application, including any loss of data or damage to your mobile device, whether or not Mike Mitterer or his representatives have been advised of or should have been aware of the possibility of any such losses arising.

a. The failure of Mike Mitterer to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to Mike Mitterer.
b. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
c. The rights granted in these Terms and Conditions may not be assigned or transferred by either you or Mike Mitterer without the prior written approval of the other party. Neither you nor Mike Mitterer are permitted to delegate their responsibilities or obligations under these Terms and Conditions without the prior written approval of the other party.
d. You and Mike Mitterer agree to submit the jurisdiction exclusively settled by the District Court Kitzbuehel or the Provincial Court Innsbruck depending on the subject-matter to resolve any legal matter arising from these Terms and Conditions. Notwithstanding this, you agree that Mike Mitterer will still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
e. These Terms and Conditions and your relationship with Mike Mitterer under these Terms and Conditions will be governed by the laws of Austria without regard to its conflict of laws provisions.