2.1 You are
given a non-transferable, non-exclusive,
install and use the Licensed Application on any
Devices that You (End-User) own or control and as
permitted by the Usage Rules, with the exception
that such Licensed Application may be accessed and
used by other accounts associated with You
(End-User, The Purchaser) via Family Sharing or
2 This license will
also govern any updates of the Licensed Application
provided by Licensor that replace, repair, and/or
supplement the first Licensed Application, unless a
provided for such update, in which case the terms of
that new license
You may not share or make the Licensed Application
available to third parties (unless to the degree allowed
by the Usage Rules, and with The
Harvest Collective, LLC's prior written
consent), sell, rent, lend, lease or otherwise
redistribute the Licensed Application.
4 You may not
reverse engineer, translate, disassemble, integrate,
decompile, remove, modify, combine, create
derivative works or updates of, adapt, or attempt to
derive the source code of the Licensed Application,
or any part thereof (except with The Harvest Collective, LLC
's prior written consent).
5 You may not
copy (excluding when expressly authorized by
this license and
the Usage Rules) or alter the Licensed Application
or portions thereof. You may create and store copies
only on devices that You own or control for backup
keeping under the terms of this license, the
Usage Rules, and any other terms and conditions that
apply to the device or software used. You may not
remove any intellectual property notices. You
acknowledge that no
parties may gain access to these copies at any time.
If you sell your Devices to a third party, you must
remove the Licensed Application from the Devices
before doing so.
of the obligations mentioned above, as well as the
attempt of such infringement, may be subject to
prosecution and damages.
reserves the right to modify the terms and
conditions of licensing.
8 Nothing in
this license should
be interpreted to restrict third-party terms. When
using the Licensed Application, You must ensure that
You comply with applicable third-party terms and
attempts to keep the Licensed Application updated so
that it complies with modified/new versions of the
firmware and new hardware. You are not granted
rights to claim such an update.
acknowledge that it is Your responsibility to
confirm and determine that the app end-user device
on which You intend to use the Licensed Application
satisfies the technical specifications mentioned
reserves the right to modify the technical
specifications as it sees appropriate at any
4. NO MAINTENANCE OR
4.1 The Harvest Collective, LLC
is not obligated, expressed or implied, to
provide any maintenance, technical or other support
for the Licensed Application.
The Harvest Collective, LLC
the End-User acknowledge that the Services have no
obligation whatsoever to furnish any maintenance and
support services with respect to the Licensed
5. USE OF
You acknowledge that
Licensor will be able to access and adjust Your
downloaded Licensed Application content and Your
personal information, and that Licensor's use of
such material and information is subject to Your
legal agreements with Licensor and Licensor's
which can be found at the bottom of the Licensed
You acknowledge that the Licensor may periodically collect and use
technical data and related information about your device, system, and application software,
and peripherals, offer product support, facilitate the software updates, and for purposes of
providing other services to you (if any) related to the Licensed Application. Licensor may
also use this information to improve its products or to provide services or technologies to
you, as long as it is in a form that does not personally identify you.
Application does not offer users to submit or post
content. We may provide you with the opportunity to
create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and
materials to us or in the Licensed Application,
including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions,
or personal information or other material
Contributions may be viewable by other users of the
Licensed Application and through third-party
websites or applications. As such, any Contributions
you transmit may be treated in accordance with the
or make available any Contributions, you thereby
represent and warrant that:
1. The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to
authorize us, the Licensed Application,
and other users of the Licensed Application to use your Contributions in any manner
contemplated by the Licensed Application and this License
3. You have the written consent, release, and/or permission of
each and every identifiable individual person in your Contributions to use the name or
likeness or each and every such identifiable individual person to enable inclusion and use
of your Contributions in any manner contemplated by the Licensed Application and this License
4. Your Contributions are not false, inaccurate, or
5. Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
7. Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the
legal sense of those terms) any other person and to promote violence against a specific
person or class of people.
9. Your Contributions do not violate any applicable law,
regulation, or rule.
10. Your Contributions do not violate the privacy or publicity
rights of any third party.
11. Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect the health or well-being of
12. Your Contributions do not include any offensive comments that
are connected to race, national origin, gender, sexual preference, or physical
13. Your Contributions do not otherwise violate, or link to
material that violates, any provision of this License Agreement, or any applicable law or
Any use of the Licensed Application in violation of the foregoing
violates this License Agreement and may result in, among other
things, termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any
your choices (including settings).
By submitting suggestions of other feedback regarding the Licensed
Application, you agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for any statements
or representations in your Contributions provided by you in any area in the Licensed
Application. You are solely responsible for your Contributions to the Licensed Application
and you expressly agree to exonerate us from any and all responsibility and to refrain from
any legal action against us regarding your Contributions.
responsibility in the case of violation of
obligations and tort shall be limited to intent and
gross negligence. Only in case of a breach of
essential contractual duties (cardinal obligations),
Licensor shall also be liable in case of slight
negligence. In any case, liability shall be limited
to the foreseeable, contractually typical damages.
The limitation mentioned above does not apply to
injuries to life, limb, or health.
8.2 Licensor takes
no accountability or responsibility for any damages
caused due to a breach of duties according to
Section 2 of this
Agreement. To avoid data loss, You are required to
make use of backup functions of the Licensed
Application to the extent allowed by applicable
third-party terms and conditions of use. You are
aware that in case of alterations or manipulations
of the Licensed Application, You will not have
access to the Licensed Application.