End User Licence Agreement
WohnderJet Agro H20 Controller
By downloading or using the Application, and by providing your personal information in connection with the registration of the Application, you as a User (hereinafter referred to as “User”) agree that this End User License Agreement is between you as the User and the Service Provider and not with Apple. The responsibility for the application rests expressly with the Service Provider and not with Apple.
on the other hand
WohnderDrone Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság (8900 Zalaegerszeg, Fuvar utca 7., Company Registration Number:20 09 077734, Tax Number:27183438-1-20) as the service provider, hereinafter referred to as “Service Provider”
– User and Service Provider, hereinafter collectively referred to as the “Parties”.
on the date and place set out below, on the following terms and conditions.
I. Subject matter of the contract
1.1 The “WohnderJet Agro H20 Controller Application” is an application developed by the Service Provider (hereinafter referred to as the “Application”) and is the exclusive property of the Service Provider. The Application is protected by copyright and other intellectual property laws and is the property of the Service Provider.
The Service Provider owns the Application and all documentation (“online” and printed) for the Application, and all forms of documentation in any form.
1.2 A detailed description of the functionality of the Application is contained in the user manual supplied with the Product, the right to use is included in the Licence.
II. Rights of use
2.1 The Service Provider, as the exclusive rights owner of the Application, grants the User a limited, non-exclusive, and non-transferable right to use the Application for its own purposes on any device running on the IOS operating system owned or used by the User, upon full payment by the User of the fee set forth in this Agreement, for any period of time, in accordance with the Apple Store Terms of Service (“Terms of Service”) and the then-current Apple Store Terms of Service and Programs. In this context, the User is entitled to install the Application and to use it for his/her own purposes during the term of the license.
2.2 Under this Agreement, the Service Provider shall grant to the User a license (the “License”) for a maximum of one (1) User, but shall not transfer ownership of the Application or any component thereof. User shall ensure that the number of Users does not exceed the number of Users permitted under this Agreement.
2.3 The Service Provider shall not transfer the source code of the Application to the User under this Agreement.
2.4 The User shall not be entitled to assign the Licence to any third party, in whole or in part, without the prior written consent of the Service Provider, nor shall the User be entitled to transfer the ownership, possession or use of the Application to any third party by any means.
2.5 The User is not entitled to modify and/or further develop, reproduce or distribute the Application, nor to decompile or disassemble the Application, nor to decompile program code, directly or indirectly, nor to search for source code, object code or basic structures, ideas or algorithms. You may use the Application only for your own internal business purposes.
2.6 The User acknowledges that in order to use the Application it is necessary to register it on the site provided by the Service Provider.
2.7 The User may use the Application only for its intended purpose and in full compliance with the User Guide.
2.8 The User shall prevent any unauthorized person from accessing, using or copying the Application.
III. Intellectual rights
3.1 The User acknowledges that the Application contains protected intellectual works and that the User is not entitled to use and exploit such intellectual works beyond the rights expressly granted in the Agreement. The Service Provider shall have the exclusive right to authorise the use of the content displayed in the Application and its interface (including, without limitation, all photographs, graphics and other materials available in the Application, the layout and design of the interface of the Application, the software and other solutions, ideas and implementations used) and may not use or exploit the content in any form other than displaying the Application for its intended purpose, temporary reproduction and private copying without the prior written consent of the Service Provider. Furthermore, the Agreement does not grant you any right to use or exploit the Service Provider’s name or trademarks in any form. If any third party makes a claim that the Application or your possession or use of the Application infringes that third party’s intellectual property rights, Service Provider, not Apple, is responsible for investigating such claims and for resolving any meritorious claims.
4.1 The User shall not be obliged to pay a usage fee to the Service Provider for the provision of the usage rights, but the Service Provider reserves the right to make the service payable or to introduce in-app purchases in the future.
5.1 The Service Provider declares that it is entitled to distribute the Application as its own intellectual product and that no third party has any right or entitlement to the Application provided by it which would restrict or exclude the User’s right of use granted by this Agreement.
5.2 The Service Provider undertakes that, for a period of 3 months after the User’s receipt of the Application, the Application shall comply with the specifications in the documentation accompanying the Application.
It will start investigating and correcting any defects within 3 days of notification at the latest, if they cannot be corrected by telephone assistance or by electronic data transmission.
5.3 The Service Provider shall not be liable for any loss of revenue or profit, loss of sales opportunities, loss of data, loss of business, or any special, direct or indirect damage, regardless of the manner in which the damage occurred, even if the Service Provider has been notified in advance of the possibility of such damage. Furthermore, the Service Provider shall not be liable for any damage caused by the correct or incorrect use of the Application or by force majeure.
The Service Provider does not warrant that (a) the Application will fully meet the User’s specific needs or that it will be able to interoperate with the User’s other software, (b) the Application will operate uninterrupted, secure and error-free, (c) the data generated by the use of the Application will be reliable and accurate in all cases, (d) the Application or any other service provided by the Service Provider in connection with the Application will meet the User’s expectations, (e) any errors in the Application will be corrected immediately. No oral or written information given by the Service Provider or its representative shall create any other liability on the part of the Service Provider beyond that stated herein.
The Service Provider shall not be liable for any damages arising from (a) improper use of the Application, (b) unauthorized access to or unauthorized modification of the User’s data, (c) third party interference with the Application, or (d) any other harmful conduct or event.
5.4 The Service Provider’s liability in connection with the Application shall cease in the event of improper or unauthorized use, and also if the User or a third party modifies or otherwise alters the Application without the prior consent of the Service Provider.
5.5 In any event, the Service Provider’s liability under any provision of this Agreement shall not exceed the amount paid by the User for the Application.
5.6 If the User allows a third party to use the Application without permission in breach of the provisions of clause 2.4 of this Agreement, the User shall be liable to pay compensation for any damages caused by the User’s breach of this Agreement.
VI. Duration and termination of the Contract
6.1 This Agreement shall enter into force upon registration of the Application and shall be concluded for an indefinite period.
6.2 Furthermore, the Contract and the licence granted under it shall terminate automatically without notice if the User fails to comply with the other applicable terms and conditions of the Contract and the licence. Upon termination of the license, the User shall cease using the Application and remove all copies of the Application or any part thereof stored by the User. The Service Provider reserves the right to decide to discontinue the Application, to stop distributing the Application or its service, or to limit the service at any time, subject to applicable laws and regulations, without prior notice to the Users. In such case, the Service Provider shall not be liable if it has acted in accordance with the applicable laws and regulations.
VII. Changes to the licence conditions
7.1 The Service Provider reserves the right to periodically review and modify the license terms for the Application. The Service Provider will notify the User of any changes to the license terms on the Application interface the next time the User uses the Application. By continuing to use the Application, the User agrees to the modification of the Agreement.
VIII. Consent to the use of data
8.1 The User consents to the Service Provider’s collection of certain technical and related data, including technical parameters of the User’s device, data of the running operating system and applications and related peripherals, location data (spray location), volume, droplet size, date + current time (spray date), dose, crop, spray agent, flight altitude, flight speed, and data provided to the Service Provider in connection with the creation of software updates. The Service Provider is entitled to use this data to improve its products and services as long as they do not identify the User, i.e. as long as these data do not constitute personal data.
IX. Miscellaneous and final provisions
9.1 The parties agree that this contract may be amended or supplemented only by mutual agreement and only in writing.
9.2 In matters not covered by this Agreement, the provisions of Act LXXVI of 1999 on Copyright and Act V of 2013 on the Civil Code shall apply.
Governing Law. In view of the international accessibility of the Application, the User declares that, when using the Application, he/she shall act in compliance with the provisions of the applicable national law. If any activity related to the use of the Application is not permitted under the laws of the User’s country, the User shall be solely responsible for such use.
Language of the Contract: The User acknowledges that if the Service Provider has the Hungarian language version of the Contract translated into other languages, it has done so only for the convenience of the User, and in this case the Hungarian language version shall prevail for the legal relationship between the User and the Service Provider. In case of any inconsistency between the Hungarian version of the Contract and any other language version, the Hungarian version shall prevail.