Last updated 14.02.2023
Lookscout is licensed to You (End-User) by Buttercake SRL located at Bucuresti 90, Chisinau, Moldova (“Licensor"), for use only under the terms of this License Agreement. We are registered in Republic of Moldova and have our registered office at Bucuresti 90 str, Chisinau, Moldova.By downloading the Licensed Digital Product is any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as “Services.”The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Digital Product, such as warranty, liability, maintenance and support thereof. Buttercake SRL, not the Services, is solely responsible for the Licensed Digital Product and the content thereof.Lookscout transacted through the Services is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. 1. THE Digital ProductLookscout (“Licensed Digital Product") is a piece of software created for digital, UI/UX and product design.2. SCOPE OF LICENSE2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to use on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Digital Product may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.2.3 You may not share or make the digital product (“Lookscout”) available to third parties (unless to the degree allowed by the Usage Rules, and with the appropriate purchased license), sell, rent, lend, lease or otherwise redistribute the Licensed Digital Product.2.4 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 Digital Product, or any part thereof (except with Lookscout’s prior written consent).2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Digital Product 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 unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Digital Product from the Devices before doing so.2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.2.7 Licensor reserves the right to modify the terms and conditions of licensing.2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Digital Product, You must ensure that You comply with applicable third-party terms and conditions.3. TECHNICAL REQUIREMENTS3.1 The Licensed Digital Product requires a firmware version 1.0 or higher. Licensor recommends using the latest version of the firmware.3.2 Licensor attempts to keep the Licensed Digital Product 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.3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Digital Product satisfies the technical specifications mentioned above.3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.4. MAINTENANCE AND SUPPORT4.1 Lookscout is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Digital Product. / The Licensor is solely responsible for providing any maintenance and support services for this Licensed Digital Product. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Digital Product.]4.2 Lookscout and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Digital Product.5. USE OF DATAYou acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Digital Product 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 privacy policy.You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and Digital Product 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 Digital Product. 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.5. LIABILITY5.1 Licensor's 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.5.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Digital Product 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 Digital Product, You will not have access to the Licensed Digital Product.8.3 Licensor takes no accountability and responsibility in case of Other Limitations of Liability.9. WARRANTY9.1 Licensor warrants that the Licensed Digital Product is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Digital Product works as described in the user documentation.9.2 No warranty is provided for the Licensed Digital Product that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of ’Lookscouts sphere of influence that affect the executability of the Licensed Digital Product.9.3 You are required to inspect the Licensed Digital Product immediately after installing it and notify Lookscout about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of 30 days after discovery.9.4 If we confirm that the Licensed Digital Product is defective, Lookscout reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.9.5 In the event of any failure of the Licensed Digital Product to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Digital Product purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Digital Product, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Digital Product was made available to the user. The statutory periods of limitation given by law apply for users who are consumers. 10. PRODUCT CLAIMSLookscout and the End-User acknowledge that Lookscout, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Digital Product or the End-User’s possession and/or use of that Licensed Digital Product, including, but not limited to:(i) product liability claims; (ii) any claim that the Licensed Digital Product fails to conform to any applicable legal or regulatory requirement; and(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Digital Product’s use of the HealthKit and HomeKit.11. LEGAL COMPLIANCEYou represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.12. CONTACT INFORMATIONFor general inquiries, complaints, questions or claims concerning the Licensed Digital Product, please contact: hello@lookscout.com13. TERMINATIONThe license is valid until terminated by Lookscout or by You. Your rights under this license will terminate automatically and without notice from Lookscout, if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Digital Product, and destroy all copies, full or partial, of the Licensed Digital Product. 14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARYLookscout represents and warrants that Lookscout will comply with applicable third-party terms of agreement when using Licensed Digital Product.In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.15. INTELLECTUAL PROPERTY RIGHTSLookscout and the End-User acknowledge that, in the event of any third-party claim that the Licensed Digital Product or the End-User's possession and use of that Licensed Digital Product infringes on the third party's intellectual property rights, Lookscout, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.16. APPLICABLE LAWThis License Agreement is governed by the laws of Republic of Moldova excluding its conflicts of law rules.17. MISCELLANEOUS 17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose. 17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
