Terms and Conditions
Terms and Conditions, last updated January 1st, 2016
Table of Contents
- Usage by Company, Entity, or Organisation
- Use of the Licensed Application by Minors and Blocked Persons
- Modification of these Terms and Conditions
- Scope of License
- Consent to Use of Data
- No warranty
- Limitation of Liability
- Governing Laws
- Unenforceable Provisions
- Registrations and Authorisations
The Abios products made available through *.abiosgaming.com/Google Play/Google Webstore/Apple's AppStore/Mozilla Add-Ons website (henceforth referred to as "Abios Services") are licensed, not sold, to you. Your license to each Abios product that you obtain through the Abios Services are subject to your prior acceptance of this Licensed Application End User License Agreement, and you agree that the terms of this Licensed Application End User License Agreement will apply to each Abios product that you license through the Abios Services unless they are accompanied by a separate Abios issued End User License Agreement. Your license to any Abios product under this Licensed Application End User License Agreement is granted by Abios. Any Abios product or service that is subject to the license granted under this End User License Agreement is referred to herein as the “Licensed Application”. Abios reserves all rights in and to the Licensed Application not expressly granted to you under this Licensed Application End User License Agreement.
b. Usage by Company, Entity, or Organisation
If you are using or opening an account with Abios on behalf of a company, entity, or organisation then you represent and warrant that you: (a) are an authorised representative of that subscribing organisation with the authority to bind such organisation to these Terms and Conditions; (b) have read the terms and conditions stated within this document and all associated documents referenced; (c) understanding these terms and conditions, and (d) agree to these Terms and Conditions on behalf of such subscribing organisation.
c. Use of the Licensed Application by Minors and Blocked Persons
The Licensed Application is not available to persons under the age of 13. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence), you may only use the Licensed Application under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. By downloading, installing or otherwise using the Licensed Application, you represent that you are at least 13 years of age and have not been previously suspended or removed from any Licensed Application. The Licensed Application is not available to any users previously suspended or removed.
e. Modification of these Terms and Conditions
Abios reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time (for example to reflect updates to our Service or to reflect changes in the law). If Abios changes these Terms and Conditions, we will provide you notice of these changes, such as by sending an email, posting a notice on the Abios website or updating the “Last Updated” date above. Please check these Terms and Conditions and any Guidelines periodically for those changes. Your continued use of the Licensed Application after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms and Conditions, the amended terms will automatically be effective thirty days after they are initially posted unless you contact us to discuss any questions or comments during that time period. We will always make a reasonable effort to notify you if we do change these Terms and Conditions.
f. Scope of License
This license granted to you for the Licensed Application by Abios is limited to a nontransferable license. This license does not allow you to use the Licensed Application on any device that you do not own or control, and you may not distribute or make the Licensed Application available over a network. You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Abios and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
The terms of this license will govern any upgrades provided by Abios that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
g. Consent to Use of Data
You agree that Abios may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Abios may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
The license is effective until terminated by you or Abios. Your rights under this license will terminate automatically without notice from Abios if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.
Use of certain services requires Internet access and use of certain Services may require you to accept additional terms.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Abios shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Abios is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Abios, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Abios nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services.
You agree that the Services contain proprietary content, information and material that is owned by Abios and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Abios. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Abios is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the Abios products are not available in all languages or in all countries or regions. Abios makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Abios and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Abios be liable for the removal of or disabling of access to any such Services. Abios may also impose limits on the use of or access to certain Services, in any case and without notice or liability. You also acknowledge that any product names, logos, brands, and other trademarks or images featured or referred to are the property of their respective trademark holders. These trademark holders are not affiliated with Abios, our products, or our websites.
j. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Abios HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. Abios DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Abios OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
k. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL Abios BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF Abios HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Abios’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of five hundred dollars ($500.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. By using the Licensed Application you also agree that these limitations are reasonable.
l. Governing Laws
The laws of Sweden, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
m. Unenforceable Provisions
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions is invalid, then that provision will be removed from the Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Terms and Conditions will continue to be valid and enforceable.
n. Registrations and Authorisations
Abios doesn’t permit or license its trademarks, logos or other intellectual property for use on merchandise or other products such as clothing, mouse pads, key boards or head sets.
Abios, the Abios logos and any other product or service name or slogan contained in the Licensed Application are trademarks of Abios or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Abios or the applicable trademark holder. Any authorised use of these trademarks must be in accordance with any guidelines that Abios may provide you from time to time.
You may not use any meta-tags or any other hidden text utilizing “Abios” or any other name, trademark or product or service name of Abios without our prior written permission. In addition, the look and feel of the Licensed Application, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Abios and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Licensed Application are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.