By downloading and/or installing Omoguru Reader iOS App, offered by Omolab komunikacije d.o.o. (“OmoLab”) , Zagreb, Republic of Croatia, you agree to be bound by the following terms and conditions.
1. Acknowledgment
This End-User License Agreement (“EULA”) is a legal agreement between you and OmoLab komunikacije d.o.o. only, and not Apple Inc, („Apple”). OmoLab, not Apple is solely responsible for the Omoguru Reader iOS App and their content. Although Apple is not a party to this agreement, Apple has the right to enforce this agreement against you as a third party beneficiary relating to your use of the Omoguru Reader iOS App.
2. Scope of License
OmoLab hereby grants you a personal, non-transferable, non-exclusive licence to use the Omoguru Reader iOS App on your devices in accordance with the terms of this EULA agreement.
You may only use the Omoguru Reader iOS App on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the Apple App Store Terms of Service.
You are not permitted to:
3. Support
OmoLab may deploy changes, updates, or enhancements to the Omoguru Reader iOS App at any time. OmoLab may provide maintenance and support for the Omoguru Reader iOS App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice.
To the extent that any maintenance or support is required by applicable law, OmoLab, not Apple, shall be obligated to furnish any such maintenance or support.
4. Warranty
The Software is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Omoguru Reader iOS App is solely Your responsibility, and downloading the Omoguru Reader iOS App is done at Your own risk. OmoLab komunikacije d.o.o. does not represent or warrant that the Omoguru Reader iOS App and Your device are compatible or that the Software will work on Your device.
OmoLab disclaims all warranties about the Omoguru Reader iOS App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, OmoLab, not Apple, shall be solely responsible for such a warranty.
5. Product Claims
OmoLab does not make any warranties concerning the Omoguru Reader iOS App. To the extent you have any claim arising from or relating to your use of the Omoguru Reader iOS App, OmoLab, not Apple is responsible for addressing any such claims, which may include, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of the HealthKit and HomeKit frameworks. The EULA may not limit the liability of OmoLab to you what is permitted by applicable law.
6. Intellectual Property and Ownership
OmoLab shall at all times retain ownership of the Omoguru Reader iOS App as originally downloaded by you and all subsequent downloads of the Omoguru Reader iOS App by you. The Omoguru Reader iOS App (and the copyright, and other intellectual property rights of whatever nature in the Omoguru Reader iOS App, including any modifications made thereto) are and shall remain the property of OmoLab.
OmoLab reserves the right to grant licences to use the Omoguru Reader iOS App to third parties.
OmoLab shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Omoguru Reader iOS App. To the extent OmoLab is required to provide indemnification by applicable law, OmoLab, not Apple shall be solely responsible for the investigation, defense, settlement and discharge of any claims that the Omoguru Reader iOS App or your use of it infringes any third party intellectual property right.
7. Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address
OmoLab komunikacije d.o.o.
Avenija Dubrovnik 15/12
10000 Zagreb
Croatia
We can be reached via e-mail at contact@omoguru.com.
9. Third Party Terms of Agreement
You must comply with applicable third party terms of agreement when using the Omoguru Reader iOS App. Your right to use the Omoguru Reader iOS App will terminate immediately if you violate any provision of this License Agreement. The party providing your mobile OS (Apple) has no obligation whatsoever to furnish any maintenance and support services with respect to the Omoguru Reader iOS App.
10. Third-party Beneficiary
Apple and Apple subsidiaries are third party beneficiaries of the EULA, and that, upon your acceptance, such third party beneficiary will have the right (and will be deemed to have accepted right) to enforce the agreement against you.
11. Termination
This EULA agreement is effective from the date you first use the Omoguru Reader iOS App and shall continue until terminated. You may terminate it at any time upon written notice to OmoLab komunikacije d.o.o.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Omoguru Reader iOS App. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
12. Governing Law
This EULA is governed by the Croatian law. Any disputes will be settled exclusively by the competent court in Croatia.