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MOBILE APP USER LICENSE

Please read this Mobile Application User License Agreement (hereinafter the "LICENSE") carefully before installing and/or using the Mobile Application which is the subject thereof. The installation and/or use of said Mobile Application implies acceptance of the terms and conditions of this LICENSE. If you do not accept said terms and conditions, do not install or use the Mobile Application to which they refer.

 

  1. GENERAL

     

    1. This LICENSE is a contract between you (hereinafter, the "END USER") and GIPUZKOAKO FORU ALDUNDIA - DIPUTACIÓN FORAL DE GIPUZKOA, a company with registered office in San Sebastián (Gipuzkoa), Julio Caro Baroja, no. 2, with Fiscal Identification no. P-2000000-F (hereinafter, the "LICENSOR").
    2. The LICENSE regulates the use of the Mobile Application which the LICENSOR places at the disposal of the END USER, as well as any updates and improvements that replace or complement said Mobile Application for any purpose, and which is not distributed under an independent license (hereinafter, the "APPLICATION").
    3. The LICENSOR shall be entitled, at their sole discretion, to develop future updates and/or improvement to the APPLICATION. In such case, said updates and/or improvements may not necessarily include all the existing functions of the APPLICATION or new functions which the LICENSOR may reserve for new different devices or with another operating system.
    4. On installing and/or using the APPLICATION, the END USER expressly accepts and without reserve this LICENSE in all its terms and conditions. In the event that he/she does not fully accept this LICENSE, the END USER shall refrain from installing and/or using the APPLICATION.
    5. The END USER guarantees the LICENSOR, under their responsibility, that they have the legal capacity necessary to accept this LICENSE and, consequently, to enter into the contract which it represents.
    6.  

  2. LICENSE, PERMITTED USES AND RESTRICTIONS

     

    1. The LICENSOR grants the END USER a non-exclusive, temporary and non-transferable personal user license of the APPLICATION for its installation and use in mobile devices in their possession or under their control.
    2. The LICENSE is granted free of charge, notwithstanding costs related to the connection to the telecommunications network in a contract which the END USER has with their provider, which will be regulated by what is laid down in Clause 4.3. below.
    3. The LICENSE does not authorise the END USER for any kind of commercial use of the APPLICATION. In particular, the END USER is expressly forbidden to distribute or facilitate access to the APPLICATION for its use by several users, or rent, lease, loan, sell, transfer, redistribute or sublicense the APPLICATION and/or the right to use it.
    4. The END USER is forbidden to totally or partially reproduce the APPLICATION, or make copies of the APPLICATION, unless strictly necessary for its use, pursuant to applicable laws.
    5. The END USER is not entitled to decompile, disassemble, or reverse-engineer the APPLICATION or any of its components, or translate or make derivative works of the APPLICATION. In any event, the END USER shall refrain from suppressing, altering, circumventing or manipulating any protection device or security system that may be installed in the APPLICATION.
    6. The END USER undertakes to make correct and licit use of the APPLICATION in accordance with the applicable laws, this LICENSE, generally accepted moral standards and good conduct and public order. The END USER shall refrain from making unauthorized or fraudulent use of the APPLICATION; access or attempt to access the APPLICATION's restricted resources; use them for purposes which are illicit, illegal, contrary to the provisions of this LICENSE, and to good faith and public order, detrimental to the rights and interests of third parties or which can in any way damage, render useless or overload or impede the normal use or enjoyment of the APPLICATION; cause damage to the APPLICATION or the LICENSOR's systems, its providers or third parties; infect a computer or spread a computer virus or any other physical or logical systems liable to cause damage in the LICENSOR's systems, in those of its providers or of third parties, try to access, use and/or manipulate the LICENSOR's data, that of third party providers and other users; obtain or try to obtain content by using to this end means or procedures other than those, as the case may be, placed at their disposal for that purpose.
    7.  

  3. TERM OF LICENSE

     

    1. The term of the LICENSE starts on the date on which the END USER installs and/or uses the APPLICATION and shall be valid until it is cancelled by the END USER themselves or by the LICENSOR, without the parties being entitled to claim any compensation whatsoever.
    2. In any event, the LICENSE shall automatically terminate and without prior notice (i) when the END USER fails to comply with any of the terms and conditions of the LICENSE; as well as (ii) when, for any reason, the LICENSOR's rights of exploitation to the APPLICATION expire.
    3. When the LICENSE is no longer valid, the END USER is obliged to stop using the APPLICATION and to destroy any full or partial copies they may have made of the APPLICATION.
    4.  

  4. SERVICES

     

    1. Once downloaded and installed by the END USER in their mobile device and during the validity of the LICENSE, the APPLICATION will allow them:
        - Access and use of certain services offered by the LICENSOR, as well as access and use of the LICENSOR's website (hereinafter, the "THE LICENSOR'S SERVICES").
        - Access and use of a localization system owned by a third party whereby the END USER's own mobile device defines its geographical position on a map indicating the locations related to the LICENSOR'S SERVICES (hereinafter, "EXTERNAL SERVICES").
    2. Use of the EXTERNAL SERVICES requires the END USER to accept the terms and conditions of the same.
    3. In any event, the use of the LICENSOR's SERVICES and of EXTERNAL SERVICES (hereinafter, jointly called "SERVICES") requires access to the internet.
    4.  

      The END USER shall pay for their own equipment, internet connection, mobile devices and the service plans to access and use the APPLICATION and the SERVICES. The LICENSOR does not guarantee that the APPLICATION and SERVICES can be accessed from any wireless device or service plan. Similarly, the LICENSOR does not guarantee that the APPLICATION and the SERVICES are available at all geographical points.

      The END USER accepts that, on using the APPLICATION and the SERVICES, their wireless operator can charge them the established rate for data, messaging and other wireless accesses. Therefore, they should consult their operator about the applicable charges. The END USER is solely liable for the expenses deriving from access to the APPLICATION and to the SERVICES from their mobile device.

    5. The END USER acknowledges that the SERVICES may include content, information and material owned by the LICENSOR and/or third parties and protected by the applicable laws on Intellectual Property and other laws, and undertakes not to use said content, information or material in any way, except in relation to the use made of the SERVICES in accordance with the terms laid down in this LICENSE.
    6. The SERVICES are not available in all languages. The LICENSOR does not guarantee that the SERVICES are suitable or available for use in any particular location. The END USER accesses the SERVICES of his/her own volition and is responsible for complying with any applicable laws, including, among others, applicable local laws.
    7. The LICENSOR and third parties responsible for the EXTERNAL SERVICES reserve the right to alter, suspend, remove or disable access to any SERVICE at any time and without prior notice. In no case shall the LICENSOR be liable for the removal or disabling of said SERVICES. The LICENSOR can also place limits on the use or access to certain SERVICES, under any circumstances, without prior notice and declining all responsibility.
    8. The END USER expressly acknowledges and accepts that the LICENSOR has no explicit or implicit obligation to offer them, or continue to offer them, the SERVICES, now or in the future.
    9.  

  5. PRIVACY POLICY

     

    1. The installation and use of the APPLICATION shall not imply the collection and/or processing of any of the END USER's data by the LICENSOR.
    2. The APPLICATION does not use cookies and/or other analog data storage and retrieval devices.
    3.  

  6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

     

    1. The inclusion in the APPLICATION of references to trade names, brands, logotypes or other distinctive signs, be they registered or not, belonging to the LICENSOR or any third parties whatsoever, is subject to a ban on their use without the express authorisation of the LICENSOR or their legitimate owner, and the granting of the LICENSE does not confer any rights to the END USER for the use and/or exploitation of said elements.
    2. The granting of the LICENSE does not imply the transfer to the END USER of the exploitation rights to the Intellectual Property associated with the APPLICATION which, without prejudice to the right of use granted by virtue of the LICENSE, shall continue to be owned exclusively by the LICENSOR.
    3.  

  7. EXCLUSION OF GUARANTEES AND LIMITATION OF LIABILITY

     

    1. The END USER expressly acknowledges and accepts that use of the APPLICATION and of the SERVICES is made at their own risk.
    2. The LICENSOR adopts the safety measure they consider pertinent in order to ensure the proper working of the APPLICATION and the SERVICES and to detect the presence of virus and harmful components.
    3.  

      Notwithstanding the aforesaid, the END USER, aware that the security measures of computer systems on the internet are not entirely reliable, acknowledges and accepts that:

        - The LICENSOR does not guarantee the availability and continuity of operation of the APPLICATION and SERVICES. Consequently, the LICENSOR shall in no way be liable for any damage that may derive from the lack of availability or of accessibility to the APPLICATION and SERVICES; interruption of operation of the APPLICATION and SERVICES or computer failure, telephone faults, disconnections, delays or blocks caused by deficiencies or overloading in telephone lines, data centres, the internet system or in other electronic systems, produced in the course of its operation; and other damage which could be caused by third parties as a result of intromissions beyond the LICENSOR's control.
        - The LICENSOR does not guarantee the absence of virus or other elements in the APPLICATION introduced by third parties outside the LICENSOR which could give rise to alteration in the END USER's physical and logical systems or in the electronic documents and files stored in their systems. Consequently, the LICENSOR shall in no way be responsible for any damage of any nature deriving from the presence of virus or other elements which could give rise to alterations in the END USER's physical or logical systems, and electronic documents or files.

       

    4. The LICENSOR does not guarantee the absence of errors in the information included in the APPLICATION and SERVICES or in the correction of any defect that may occur. The END USER expressly acknowledges and accepts that the information accessible through the APPLICATION and SERVICES will be non-binding and indicative, which is why the LICENSOR shall in no way be liable for any damage deriving from inaccuracy of, or failure to, update said information and/or the consequences of any of the END USER's decisions adopted on the basis of the same.
    5. Notwithstanding the END USER's use and enjoyment of the APPLICATION or SERVICES, the LICENSOR does not guarantee the fact that the functions contained in them will meet their needs, that the APPLICATION or SERVICES will be compatible with third party software or material, or that the faults of the APPLICATION or SERVICES will be corrected.
    6. The LICENSOR shall in no way be liable, within applicable legal limits, for the personal damage or loss of profits or consequential damages, or special, direct or indirect damage suffered by the END USER and/or any third parties, including but not limited to, physical damage, material damage, damage through loss of profit or data, interruption of the business activity or any other kind of commercial damage or loss, resulting from or related to the use or misuse of the APPLICATION and/or SERVICES, however caused.
    7.  

  8. APPLICABLE LAW AND JURISDICTION

     

    1. The LICENSE, as well as the relationship between the LICENSOR and the END USER, shall be regulated and interpreted in accordance with Spanish laws.
    2. The parties agree to abide by the exclusive jurisdiction of the Courts and Tribunals of San Sebastián (Gipuzkoa) for settling any dispute in relation to the LICENSE or in the relationship between said parties.
    3.  

  9. ENTIRE CONTRACT. LANGUAGE

     

    1. This LICENSE is a full agreement between the END USER and the LICENSOR with respect to the APPLICATION and SERVICES, and replaces all former or current agreements relating to said subject.
    2. This LICENSE may only be modified by written agreement signed by the END USER and the LICENSOR.
    3. The LICENSE is drawn up in Spanish and may be translated to other languages, Spanish being its control language and the language which shall prevail in the event of contradiction with any other language versions.
    4.