End User License Agreement – Terms of Use
This mobile phone application has been developed and is operated by Legends DMC, a company incorporated as Legends DMC S.M.P.C., seated at Nea Smirni, Attiki, Greece, (hereinafter referred to as “Legends DMC”).
This End User License (“License”) is a legally binding agreement between the user of the application (the “User”) and Legends DMC, under which Legends DMC grants the User the ability to use the Legends DMC application in an Android and/or iOS environment (the “Application”). The use of the Application is subject to the terms and conditions of this License, which includes uploading, accessing, browsing and using the Application.
By accepting the terms and conditions of the License, the User confirms that the User accepts and agrees with this License and Legends DMC Privacy Policy. The Privacy Policy is incorporated by reference and defines the conditions under which Legends DMC is processing personal data and other information as collected by the User. By using the Application, the User provides explicit and unconditional consent to such processing and warrants that all data provided by the User is accurate.
BY CLICKING ON “ACCEPT” BEFORE INSTALLING AND LAUNCHING THE APPLICATION, THE USER SOLEMNLY DECLARES THAT THE USER IS OVER 18 YEARS OF AGE AND HAS FULL CAPACITY TO UNDERSTAND THE TERMS OF THIS LICENSE AND TO MAKE USE OF THE APPLICATION, HIS ACT OF ACCEPTANCE BEING CONSIDERED AS AN ELECTRONIC SIGNATURE.
License.You can download the application software and related Legends DMC help documentation and install them on one or more mobile devices for use in conjunction with a range of smart biometric data capture devices (“Smart Devices”), including any tools, help documents and updates (collectively, the “Application”). The Application is licensed and not sold by Legends DMC. It is provided for use explicitly under the terms of this License and Legends DMC retains all rights not expressly assigned to the User. Legends DMC retains ownership of all rights, titles, royalties and interests in and for the purpose of the Application.
Authorizeduse and restrictions.Legends DMC grants you a non-exclusive right to use a single instance of the Legends DMC Application and all related help documents on a single mobile device. You may not distribute, rent or lease or otherwise transfer all or any part of the Application or help documents to any third party without the prior written consent of Legends DMC. You may not sublicense, distribute publicize, assign or transfer otherwise, or dispose of all, or any part of the rights assigned to you by Legends DMC under this Agreement, without a prior written consent of Legends DMC. If the Application is an update, any permitted use hereunder must include the update and all previous versions. You may not modify, adapt or translate the Application or the accompanying help documents. You may not alter or remove any copyright notices and other proprietary notices that appear on or within the Application or the accompanying help documents. It is not allowed to you and you will not allow a third party or assign to a third party to reverse engineer, decompile, disassemble or translate the Application.
Term of the License.If you fail to comply with any of the terms of this License, the License shall terminate with immediate effect and you agree that this constitutes a direct, irreparable damage to Legends DMC and its licensors, and that Legends DMC shall be entitled to a just and equitable compensation. Otherwise, the License will continue until the date you cease to use the Application, unless terminated earlier. Immediately after the termination of this Agreement, you, at your own responsibility and expense, must delete or destroy the entire Application immediately.
Improvements and updates.At times and at its sole discretion, Legends DMC may provide improvements, updates, or new versions of the Application to its then applicable terms and conditions. This License will apply to such enhancements and updates. This License shall be valid for the said improvements and updates.
Access to this Application.Although Legends DMC undertakes all reasonable measures to ensure the continuous and uninterrupted functioning of the Application, we do not warrant that this Application or any content therein shall be always available or uninterrupted and access to this Application is permitted on a temporary basis. We may suspend, revoke, interrupt or change all or any part of this Application without notice. We will not be liable to you if, for whatever reason, this Application is not available at any time or for any period. You are responsible for making all necessary arrangements necessary to access this Application and you understand that there are inherent risks to software, hardware and internet connection that may cause interruptions or errors in the data being transmitted or displayed during the use of the Application, irrespective of the measures taken to limit or avoid such incidents. You are also responsible to ensure that no other person has access to this Application through your Internet connection, but if they do, you declare that they are aware of and comply with this License and other applicable terms.
Creating an Account.As a User of the Application you are required to download the Application and wait to be accepted by Legends DMC in order to use it. You agree that you shall be responsible for entering and operating any Internet connections (charges may apply), supplies and computer hardware necessary to receive, access and use the services. You agree to use the services only as expressly stated herein. Legends DMC, as well as its affiliates and suppliers, hold all rights, titles and royalties in and for the purpose of the services. After signing up, you agree that the data you transmit using the Application is specifically related to you in person. You acknowledge and agree that the Application is designed and intended for personal use on an individual basis and you should not share your account with any other third party. If another person wishes to use the Application, that person should receive the Application directly on his device and agree separately and individually with the License and the terms herein. You are solely responsible for maintaining the confidentiality and security of your account and for all activities occurring on or through it. We may disable your account at any time if, at our reasonable discretion, you have not complied with any of the provisions of this License. Legends DMC is not held responsible for any losses resulting from or in connection with unauthorized use of your account.
Use Restrictions.You agree to use the Application only for purposes permitted by this License, and only to the extent permitted by applicable law, regulations or generally accepted practice in the applicable jurisdiction. If your use of the Application or any other behavior of yours deliberately or unintentionally threatens the ability of the Application to run smoothly and in an unobstructed manner, we may take all reasonable steps to protect the Application, which may include your suspension of access to the Application. Nothing contained in this License should be construed as transferring any interest, title or license to an Application account or similar resource used by you in connection with the Service. You agree that you will not reproduce, copy, reprint, sell, rent or market the Application (or any part thereof) for any purpose.
Use of Data.You retain the ownership of all your personal data and you are responsible for the content and accuracy of the data you provide to Legends DMC and for not violating any third party rights which may be included in these data. By using the Application, you grant to Legends DMC a worldwide, non-exclusive, royalty-free license to use, distribute, reproduce, modify, adapt, translate, access, and maintain such data related with the Application, with the purpose of enabling the provision of services provided therewith. The user provides his consent to Legends DMC to store these data and use them for the purposes listed in the Privacy Policy.
Storing of Data.You agree not to use your account for:
(a) uploading, receiving, sending via e-mail, transmitting, saving or otherwise making available any information that is illegal, harmful, damaging, violating someone else’s privacy, or otherwise inadmissible; (b) pretending to be someone else or to giving a misleading impression of who you are, your age or sending data from someone else’s devices or harming someone else, or otherwise providing a misleading picture relevant to your relation with someone else, including minors (Legends DMC reserves the right to refuse or block any device or email address that could be considered as an impersonation or a misleading image of your identity, or misuse of the name or identity of someone else); (c) uploading, receiving, emailing, transmitting, saving or otherwise making any data or other information available to any person under the age of 18; (d) engaging in any copyright infringement or other intellectual property breach (including the downloading of any content for which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment or preservation agreement confidentiality; (e) posting, transmitting, or otherwise making available any unauthorized e-mails, spam or chain letters, including, but not limited to, bulk commercial, promotional and informational announcements;
(f) uploading, posting, emailing, transmitting, saving or otherwise making available any material containing viruses or any other computing code, files or programs designed to harm, interfere with, or restrict the normal operation of the Application (or any part thereof), or any other software or computer hardware; (g) intervening in or interrupting the Application (including access to the Application via any automated means such as scripts or web-crawlers) or any servers or networks associated with the Application; or (including any unauthorized access to, use or tracking of data or traffic of such data), and/or (h) collecting and storing personal information about other Application Users for use in connection with any of the above-mentioned prohibited activities.
Intellectual Property.All data, documents, images and content published in this Application are the exclusive property of Legends DMC. You must not use any of the Application’s content for commercial purposes unless you have been authorized to do so by us or our licensors. Any license to use the above is granted provided that the relevant copyright notice and exclusive trademarks appear on all copies, that such data are used for personal purposes only, that they shall not be commercially exploited, that the information shall not be modified in any way and that all images acquired by the Application are only used in conjunction with the accompanying text. Legends DMC is the licensor or the franchisor of all intellectual property rights in this Application and the material posted to it, unless otherwise noted or otherwise perceived as third parties’ rights. These works are protected by copyright laws and treaties all over the world and any unauthorized use of these works is expressly prohibited. Without any prejudice to any legitimate right of Legends DMC.
Security copies.Legends DMC assumes no responsibility for maintaining / saving or backing up any information or data you produce using the Application. You are solely responsible for keeping, maintaining, saving and backing up (electronically and / or printed copies) any data you wish to retain for future or other use.
Non-dependence on information. Legends DMC makes no representations and offers no guarantee (express or implied) that the content in this Application is accurate, complete or up-to-date. We, therefore, encourage you to check any information you receive from this Application before using it in any form. The information provided in this Application does not relieve you of the responsibility to carry out your own inquiries – especially of the safety data manuals and technical specifications – on our services too, with regard to their suitability for the intended purposes and processes. In case you need any advice or instructions regarding our products or services, please contact us directly. As Users of this Application, you declare that you agree to access the Application and its content at your sole discretion.
Privacy and Security.The Privacy Policy applies to the use of the Application, including all the data you transmit and the information displayed in the Application. By using the Application, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you send or display using the Application may be read or intercepted by others, even if a particular transmission is encrypted. By using the Application, you provide your consent to us to collect and process technical information about your devices and related software, hardware and peripherals, based on the Internet or wirelessly, for Legends DMC to improve our products and services, and to enable us to provide you with a functional Application, readily available.
Disclaimer.YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF APPLICATION IS PERFORMED BY YOUR SOLE RISK AND THAT YOU RESUME THE RISK OF SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. THE INSTALLATION OF THE APPLICATION MAY AFFECT THE USE OF THIRD PARTY APPLICATIONS. THE APPLICATION IS PROVIDED AS IS, AND THE SERVICE AS AVAILABLE, WITH ALL ERRORS AND WITHOUT WARRANTIES OF ANY KIND, EXCEPT FOR FRAUD AND FALSE DECLARATION. LEGENDS DMC, ITS AFFILIATED COMPANIES, ITS SUPPLIERS, LICENSORS AND AGENTS DISCLAIM ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EITHER EXPRESS, IMPLIED OR STATUTORY THAT MAY APPLY FOR THIS APPLICATION OR ANY INFORMATION DISPLAYED OR CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, FUNCTIONALITY, ERROR AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Limited Liability.Nothing in this License excludes or limits our liability for death or personal injury resulting from our negligence or fraud or false declaration or any other liability that cannot be excluded or limited by law. Except as otherwise permitted under applicable law, it is expressly stated that Legends DMC, its affiliates, directors, officers, employees, suppliers, licensees or their representatives will not in any way be liable for any loss or damage (including negligence), breach of statutory duty or otherwise, direct or indirect, foreseeable or unintended, whether ordinary or not, or consequential, arising out of or in connection with use or inability to use this Application or use or trust in any content appearing in this Application,
except if the damage has been caused by Legends DMC on purpose or due to gross negligence.
This Application is intended only for home and private use. You agree not to use this Application for any commercial or professional purposes and we assume no liability to you for any loss of profit, loss of business, business stoppage, business opportunity or business information, and neither affiliates, suppliers, licensees or agents of Legends DMC can be legally liable for any incidental, exemplary, consequential, criminal, special or indirect damages of any kind. Affiliated companies, suppliers, licensees or representatives of Legends DMC will not be held responsible for any loss or damage caused by a virus, a distributed denial-of- service attack or other technologically harmful material that may infect your mobile device, your tablet computer, or other computer equipment, computer programs, data, or other proprietary material caused by the use of this Application or the downloading by you of any content in it or by any website linked to it, nor any act or event beyond our reasonable control, including the failure of telecommunications networks, except in case of gross negligence or Legends DMC’s willful misconduct.
SUBJECT TO ANY DAMAGES YOU MAY INCUR, THE ENTIRE LIABILITY OF LEGENDS DMC, AFFILIATED COMPANIES, SUCCESSORS, LICENSEES, SUPPLIERS OR AGENTS, UNDER ANY PROVISION HEREIN AND YOUR EXCLUSIVE LEGAL REMEDIES, SHALL BE LIMITED TO THE REPAIR, OR, INCLUDING, BUT NOT LIMITED, THE REMEDY OF ANY DEFICIENCY OF THE APPLICATION, EVEN IF THIS DAMAGE WAS PREVENTED OR TAKEN INTO ACCOUNT BY THE PARTIES. NO REFERENCE TO THIS CLAIM EXCLUDES ANY LIABILITY WHICH CAN NOT BE EXCLUDED OR LIMITED OR WHICH IS MADE AVAILABLE TO ANY USER PURSUANT TO THE NATIONAL LAW OF THE USER’S RESPECTIVE COUNTRY.
Linked website access rights.Please note that you are required to protect your access rights from unauthorized use by third parties and that you must ensure that they cannot be used by others without your permission. You must immediately notify Legends DMC if you are informed that security has been breached with respect to any details available in the Application or if unauthorized persons have acquired your access rights or if you have identified any indications that such access might be possible.
Websites through third-party links.Legends DMC assumes no responsibility for the content of websites linked through this Application. These links should not be construed as endorsements by us for these linked sites and Legends DMC will not be liable for any loss or damage that may result from their use.
Compensation.You agree to indemnify, defend and hold harmless Legends DMC, its affiliates and their respective officers, directors, employees and agents against any claims, legal liabilities, damages, costs and expenses (including attorneys’ and experts’ fees) arising out of any of them in respect of any breach of this License by you or other members of your close environment or organization or otherwise in connection with the use of the Application by you or them.
Trademarks.The distinctive name “Legends DMC” and any other trademarks used in connection with this Application are registered trademarks of Legends DMC. You agree not to display or use in any way such trademarks without the prior written permission of Legends DMC.
Amendments to this License. We may update this Application from time to time and we may change its contents at any time. However, please note that any content in this Application may not be updated at any time and we have no obligation to update it. We do not warrant that this Application or any content in it will be free of errors or omissions. We strongly advise you to check often about updates in the present terms.
General Terms.This License constitutes the entire agreement between you and Legends DMC regarding the Application and takes precedence over all previous proposals, negotiations, discussions and agreements between you and Legends DMC on the Application. Nothing contained in this License should be construed as creating a co-operation, factoring or employment relationship between you and Legends DMC. Upon termination of this License for any reason, Sections 8, 10, 12, 13, 14, 15, 18, and 19 will survive with full force and effect. The waiver or omission of exercise in any respect of any of the rights provided in this License shall not be deemed a waiver of any further right under this License. If any provision of this License is ultimately ruled to be unlawful, void or unenforceable for any reason, then such provision shall be deemed to be separate from this License and shall not affect the validity and enforceability of the other provisions. This License is personal to the User and may not be transferred, assigned, sub-licensed or revised for any reason. We may transfer our rights and obligations under this License to another legal entity, which will not in any way affect your existing rights or our obligations under this License.
Taxes and duties.You will be responsible for payment of all taxes, duties or levies that may be levied now or in the future by any authority following acceptance of the terms contained herein regarding for the procurement, use or maintenance of the Application and / or any use of the Application, as well as with taxes, duties or charges relating to the connection and use of the Internet and if any of the above taxes, duties or contributions are paid at any time by Legends DMC, you will indemnify Legends DMC fully and at its request.
Assignment.Legends DMC may assign, transfer, revise or sub-assign any or all of its rights or transfer any or all of its obligations under this License without prior written consent if such assignment and / or an assignment is made to a company affiliated with Legends DMC, or to any special or universal successor of Legends DMC, through the purchase of part or all of its assets.
Applicable Law and Jurisdiction.This License, its subject matter and its configuration are governed by and construed in accordance with Greek law, without contravening the provisions of conflict of laws. The courts of Athens have exclusive jurisdiction in any dispute that may arise as a result or in connection with this License.