This Software Agreement ("Agreement") is between You (either an individual or an entity), the End User, and Citynomadi Oy ("Citynomadi"). The Agreement authorizes You to use the Software specified in Clause 1 below, which may be stored on a CD-ROM, sent to You by electronic mail, or downloaded from Citynomadi’s Site or from other sources under the terms and conditions set forth below. Read this Agreement carefully before installing, downloading, or using the Software. By clicking on the "I Accept" button while installing, downloading, and/or using the Software, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, promptly click the "Decline" or "I Do Not Accept" button, cancel the installation or downloading, or destroy or return the Software and accompanying documentation to Citynomadi. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
As used in this Agreement, the term "Software" means Citynomadi Nomadi software together with the related explanatory written materials and any other possible documentation related thereto, as well as upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to You by Citynomadi under this Agreement.
Citynomadi grants to You non-exclusive, non-transferable end-user rights to install the Software on Your terminal and use the Software on a single terminal at a time for the purposes of connecting to and utilizing the Citynomadi Services. The Software and all rights, without limitation including proprietary rights therein, are owned by Citynomadi and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organization, and code of the Software are the trade secrets and confidential information of Citynomadi and/or its licensors and affiliates. Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software. Unless and to the extent not otherwise set forth in the applicable mandatory law, You may not: (a) copy, distribute, or make derivative works of the Software; (b) use, modify, translate, reproduce, or transfer the right to use the Software or copy the Software except as expressly provided in this Agreement; (c) resell, sublicense, rent, lease, or lend the Software; and (d) reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software. You further agree that You shall only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
Use of Citynomadi Service may involve the transmission of large amounts of data through your network service provider’s network. You acknowledge and agree that You are solely responsible for any mobile data subscription and data transfer and any other data costs, roaming charges or other fees that may be charged by your network service provider.
This Agreement is effective from the first date You install the Software. You may terminate this Agreement at any time by permanently deleting or destroying, at Your own costs, the Software, all backup copies, and all related materials provided by Citynomadi. Your end-user rights automatically and immediately terminate without notice from Citynomadi if You fail to comply with any provision of this Agreement. In such an event, You must immediately delete, destroy, or return at Your own cost, the Software, all backup copies, and all related material to Citynomadi. For the avoidance of doubt, all licenses granted by You to Citynomadi whether under this or other agreements remain in full force and effect despite the termination of this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CITYNOMADI, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION, OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES. Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer nor limits Citynomadi's liability to You in the event of death or personal injury resulting from Citynomadi's negligence. Citynomadi is acting on behalf of its employees and licensors or affiliates for the purpose of disclaiming, excluding, and/or restricting obligations, warranties, and liability as provided in this clause 6, but in no other respects and for no other purpose.
This Agreement is governed by the laws of Finland. All disputes arising from or relating to this Agreement shall be settled in the district court of Tampere. All notices should be delivered to: Citynomadi Oy, Aleksis kiven katu 20 A, 33210 Tampere.