Manual Cannondale ebikeMotion - APP (page 71 of 76) (English)

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- U.S. Government Restricted Rights

The Software and accompanying documentation are provided with

restricted rights. Use, duplication, or disclosure by the U.S. Government is

subject to the restrictions as set forth in subparagraph (c)(1)(iii) of DFARS

252.227-7013 (The Rights in Technical Data and Computer Software) or

subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the Commercial

Computer Software – Restricted Rights), as applicable. The manufacturer is

Ebikemotion Tecnologies S.L. , Los Orfebres 10, Palencia, Castilla y León,

Spain, CP 34004.

- Open Source

The Software may contain or be provided together with open source

software. Each item of open source software is subject to its own applicable

l i c e n s e t e r m s , w h i c h c a n b e f o u n d a t

https://www.ebikemotion.com/legal/mobile/open-source-mobile-apps

and/or in the Software documentation or the applicable help, notices,

about or source files. Copyrights to the open source software are held by

the respective copyright holders indicated therein.

- Indemnification

By accepting the EULA, you agree to indemnify and otherwise hold

harmless Ebikemotion Tecnologies S.L., its officers, employers, agents,

subsidiaries, affiliates and other partners from any direct, indirect,

incidental, special, consequential or exemplary damages arising out of,

relating to, or resulting from your use of the Software or any other matter

relating to the Software.

- Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EBIKEMOTION SHALL

NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,

CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT

LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,

DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EBIKEMOTION HAS

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO

EVENT WILL EBIKEMOTION’S AGGREGATE LIABILITY TO YOU EXCEED

THE AMOUNT OF LICENSING FEES PAID BY YOU TO EBIKEMOTION.

THES E L I M ITATIO N S AND E XCLUSIO N S W IL L APP LY

NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY

LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE

LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR

INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,

SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

- Export Restrictions

This EULA is expressly made subject to any laws, regulations, orders or

other restrictions on the export from the European Union of the Software or

information about such Software which may be imposed from time to time

by the government of Spain. You shall not export the Software or

information about the Software without consent of Ebikemotion and

compliance with such laws, regulations, orders or other restrictions.

- General

The EULA between you and Ebikemotion Tecnologies S.L. will be governed

by and construed in accordance with the laws of Palencia, Castilla y León,

España without regard to conflict of laws principles. The exclusive forum for

any disputes arising out of or relating to this EULA shall be an appropriate

federal court or state court sitting in the County Palencia, Castilla y León

España. The EULA constitutes the entire agreement between you and

Ebikemotion regarding the Software. If any provision of this EULA is held by

a court of competent jurisdiction to be contrary to law, such provision will

be changed and interpreted so as to best accomplish the objectives of the

original provision to the fullest extent allowed by law and the remaining

provisions of this EULA will remain in full force and effect. You may not assign

this EULA, and any assignment of this EULA by you will be null and void.

Ebikemotion, Ebikemotion (stylized) and other Ebikemotion logos and

names are trademarks of Ebikemotion Tecnologies S.L.. You agree not to

display or use these trademarks in any manner without Ebikemotion’s

prior, written permission. The section titles and numbering of this EULA are

displayed for convenience and have no legal effect.

- Use the Software for your own personal use;

- Install the Software on only one Device; and

- Make one copy of the Software in any machine readable form

solely for back-up purposes, provided you reproduce the Software in its

original form and with all proprietary notices on the back-up copy.

For clarity, the foregoing is not intended to prohibit you from installing and

backing-up the Software for another Device on which you also agreed to

the EULA. Each instance of this EULA that you agree to grants you the

aforementioned rights in connection with the installation, use and back-up

of one copy of the Software on one Device.

- Title

Title, ownership and all rights (including without limitation intellectual

property rights) in and to the Software shall remain with Ebikemotion.

Except for those rights expressly granted in this EULA, no other rights are

granted, whether express or implied.

- Restrictions

You understand and agree that you shall only use the Software in a manner

that complies with any and all applicable laws in the jurisdictions in which

you use the Software. Your use shall be in accordance with applicable

restrictions concerning privacy and intellectual property rights.

You may not:

- Create derivative works based on the Software;

- Use the software for any purpose other than as described herein;

- Copy or reproduce the Software except as described in this EULA;

- Sell, assign, license, disclose, distribute or otherwise transfer or

make available the Software or any copies of the Software in any form to

any third parties;

- Alter, translate, decompile, reverse assemble or reverse engineer

the Software, or attempt to do any of the foregoing, except to the extent this

prohibition is not permitted under an applicable law; or

- Remove or alter any proprietary notices or marks on the Software.

- Personal Information and Privacy

We may ask you to provide certain information about you during the

Software downloading process. All personal information that you provide to

us will be governed by the Privacy Policy, which is available at

https://www.ebikemotion.com/legal/privacy-policy. You may use the

Software whether or not you use the Ebikemotion Service. If you use the

Ebikemotion Service, the personal information you provide to Ebikemotion

will also be governed by the Privacy Policy. By choosing to use the

Software and/or the Ebikemotion Service, you indicate your understanding

a n d a cce p ta n ce of t h e U s e r Ag re e m en t ( av a il a bl e

athttps://www.ebikemotion.com/legal/user-agreement) and the Privacy

Policy. You understand and agree that Ebikemotion may disclose

information if required to do so by law or in the good faith belief that such

disclosure is reasonably necessary to comply with legal process, enforce

the terms of this EULA, or protect the rights, property, or safety of

Ebikemotion, its users, or the public.

-No Warranty

EBIKEMOTION DOES NOT WARRANT THAT THE FUNCTIONS

CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR

NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE

ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY

DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS

FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE

IS OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER

EXPRESS OR IMPLIED, IS GIVEN. EBIKEMOTION EXPRESSLY DISCLAIMS

ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-

INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER

OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO

YOU.

- Right to Terminate or Modify Software

Ebikemotion may modify the Software and this EULA with notice to you

either in email or by publishing notice on the Website, including but not

limited to charging fees for the Software, or changing the functionality or

appearance of the Software. In the event Ebikemotion modifies the

Software or the EULA, you may terminate this EULA and cease use of the

Software. Ebikemotion may terminate your use of the Software, the EULA or

the Ebikemotion Service at any time, with or without notice.

Page 71

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Cannondale ebikeMotion - APP Manual

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