EULA-TTMM-for-Pebble

1.1.
This EULA sets out conditions, in accordance with which TTMM Spółka z ograniczoną odpowiedzialnością (Limited Liability Company) with its registered office in Warsaw, Poland, address: ul. Williama Heerleina Lindleya 16, 02-013 Warsaw, entered into the register of entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy), kept by the District Court of the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register (Sąd Rejonowy dla m.st. Warszawy w Warszawie, XII Wydział Gospodarczy Krajowego Rejestru Sądowego) under KRS number: 0000789113, Tax Identification Number (NIP): 7010928954, share capital of 5 000 PLN (in words: five thousand Polish zlotys) (“TTMM”) allows you to use the software, consisting of an App Store app “TTMM for Fitbit Versa”, collection of watch apps (clock faces, “TTMM watch face app” and apps (“TTMM utilities”), hereinafter jointly referred to as the: “Software“. Privacy Policy, available at https://ttmm.is/privacy-policy/ ,constitutes an integral part of this EULA. You are also required to comply with any terms and conditions regarding the Software, if provided by TTMM.

1.2.
The Software, as may be updated or replaced by future software updates, is licensed, not sold, to you by TTMM. The Software and any of its parts are protected by copyright laws as well as other intellectual property laws. This EULA does not include the right to receive and use the source code or object code of the Software. Furthermore TTMM name and TTMM logo are registered trademarks of TTMM in European Union and other countries. All other trademarks are the property of their respective owners.

1.3.
The Software contains a collection of TTMM’s clock faces, as well as utility apps. The Software is made for the Fitbit Versa, Fitbit Versa 2 and Fitbit Versa Lite smartwatches and may be available in different payments modes.

2.1.
Subject to terms of this EULA, you are granted a limited, non-exclusive, non-transferable, revocable license to install and use the Software without any territorial restrictions within your private use only (i.e. not commercially). This EULA does not allow you to use the TTMM watch face app on more than one Fitbit Versa smartwatch at the same time; however TTMM for Fitbit Versa may be used on your and your family’s Apple account. You can use the Software solely as follows:

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a) you can use the Software in accordance with its intended purpose, i.e. to install it on your Fitbit Versa smartwatch and connect it with your Apple device (e.g. iPhone), and use it to receive content provided through the Software from, for instance, your mobile phone and Fitbit App,, as well as to screen, sent, store, get access, record, multiply it, insert your own data, export effects of using the Software and publicly display them,
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b) you may not, and agree not to, copy (except as explicitly permitted by this EULA), adapt, decompile, reverse engineer, disassemble, attempt to derive source code of, create derivate works or modify the Software or any of its parts,
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c) you may not transfer, assign, rent, lease, lend, sell, bring on the market or redistribute this Software, or sublicense proprietary copyrights to it without additional consent given by TTMM,
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d) you cannot use the Software to provide services of a profitable nature,
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e) you may not remove, obscure or alter any proprietary notices, including trademark and copyright notices, and information about the Software’s authors from the Software,
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f) you cannot use the Software in a way that may potentially be illegal, offensive, obscene, immoral, publicly objectionable within the online community, or deteriorate quality, value and reputation of TTMM,
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g) you may not use the license to the Software in a way that leads to breaching the rights of third parties,
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h) you agree to use the Software in compliance with applicable laws, including local laws of the region or the country you reside in,
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i) you represent that you read and understood disclaimers to each TTMM utilities you use, if provided by the TTMM,
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j) you acknowledge that TTMM for Fitbit Versa may be installed without restrictions, however the TTMM watch face app and TTMM utilities may be installed only on one Fitbit Versa smartwatch at the time,
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k) the Software may be co-shared on a family account and stored on your device,
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l) you acknowledge that if automatic app updates on your Apple device is enabled, updates on your Apple device and your Fitbit Versa smartwatch regarding the Software may automatically download to said devices when available; to turn off automatic app updates, you can change the settings on your devices,
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m) you represent and warrant that 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 you are not listed on any U.S. Government list of prohibited or restricted parties,
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n) any rights that have not been explicitly granted in this EULA are considered not granted; this EULA does not grant you any proprietary rights regarding the Software, and under any circumstances cannot be understood as sales agreement,
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o) you acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.

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2.2.
Copyrights and other intellectual property rights, industrial property laws and property rights to the services are owned by TTMM and/or its providers. TTMM gives you consent to use its services solely in accordance with conditions of this EULA. TTMM reserves all the rights not explicitly given in this EULA.