NETRADAR END USER LICENSE AGREEMENT old

Effective date: January 1st, 2018

This End User License Agreement together with the Privacy Policy and any additional information that may be provided within the Service (collectively “Agreement”) regulates your use of the service, software, site and content (collectively the “Service”). By using the Service, you commit yourself to the Agreement with Celltrum Ltd (later Celltrum). If you do not agree to these terms, do not install, or use the Service.

To use the Service, you must be of legal age and legally competent. By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.

License

Celltrum grants you a non-exclusive, non-transferable license to access and use the Service in accordance with the Agreement. Use of the Service does not grant you any intellectual property rights to any content in the Service. The Agreement is revocable at any time at Celltrum’s sole discretion

As part of the Service, Celltrum may provide you with data, reports or any other type of content developed by Celltrum or its licensors (“Content”). Celltrum grants you a non-exclusive and perpetual license to use Content for your personal, non-commercial purposes. You are bound by any restrictions applicable to specific Content you obtain through the Service.

As part of the Service, Celltrum may provide you with certain software developed by Celltrum or, its licensors (“Software”). Celltrum grants to you a limited, non-exclusive, non-transferable right to install and use the Software on your device. You may not sub-license, modify, reverse engineer or otherwise attempt to discover the source code of or make derivative works of the Software.

By submitting data or information (“Material”) to the Service you grant Celltrum a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media, modify, sell and assign the Material.

Copyright

The Service, Content and Software are protected under international copyright laws. Subject to the Agreement, Celltrum retains all right, title and interest in the Service, its Content and the Software.

Use of the Service and Content

When using the Service or Content, you agree to observe the Agreement and applicable legislation. You’re allowed to use the Service and Content only for your personal, noncommercial purposes. You agree not to use any technologies or other means that may harm the Service. You agree not to use any automated tools to monitor, access, acquire, copy or download any part of the Service or Content.  Furthermore, you agree not to remove, reverse engineer, decrypt or otherwise interfere with any applicable usage rules.

Celltrum may but has no obligation to monitor any Content or Material and correct errors or discrepancies. Celltrum may also remove any Material from the Service and restrict access to the Service at any time in its sole discretion.

Celltrum may post notices within the Service or company web site www.netradar.com. You are deemed to have received such notices at the latest within seven (7) days from posting.

Fees

There are no fees charged by Celltrum in connection with the Service.

Use of the Service involves transmission of data through your service provider’s network, which may be subject to charges collected by your service provider. In particular, using the service while roaming in a foreign mobile network may create high costs. Celltrum assumes no responsibility for the payment of such charges to third parties.

Availability and Technical Requirements

The availability of Service is subject to Celltrum’s sole discretion as well as extraneous factors, such as the network, compatibility of the devices used, and the content formats supported. Celltrum may, in its sole discretion, change or discontinue the Service. To ensure you have the latest software and applications, you’re encouraged to check for the availability of software updates.

The Service is provided only in selected languages and may not be available in all countries.

To provide Material to the Service, you need to download a piece of software developed by Celltrum. Celltrum may for any reason remove or disable any Content, Material or Software contained in the Service, including any Material provided by you. In order to protect the Service, Celltrum may at any time and its sole discretion restrict your access to the Service.

A particular service may be a pre-release version, for example a beta release, and may not work in the way a final version works. Celltrum may significantly change any version of Service or Software or decide not to release a final version.

Feedback

By submitting proposals or other feedback (“Feedback”) to Celltrum at support@netradar.com, you agree that your Feedback does not contain your own or any third party proprietary information. Celltrum may use, distribute, exploit and further develop and modify Feedback for any purpose.

LIMITATION OF LIABILITY

THE SERVICE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, MATERIAL AND SOFTWARE, IS PROVIDED AS IS, WITHOUT WARRANTIES THAT IT WILL BE UNINTERRUPTED OR ERROR OR VIRUS-FREE. CELLTRUM MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY, INFORMATION OR CONTENT OF THE SERVICE. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK.

EXCEPT FOR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR INTENTIONAL MISCONDUCT, CELLTRUM IS NOT LIABLE FOR ANY DIRECT DAMAGES CAUSED BY YOUR USE OR INABILITY TO USE THE SERVICE. IN NO CASE WILL CELLTRUM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL TOTAL LIABILITY OF CELLTRUM TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED EUROS (€100.00).

Indemnification

You agree to defend and indemnify Celltrum from and against all third-party claims and all liabilities, assessments, losses, costs or damages resulting from your breach of the Agreement or your infringement of any intellectual property rights, other rights or privacy of a third party.

Dispute resolution

The Agreement is governed by the laws of Finland without regard to its conflict of law provisions. Any disputes which cannot be resolved through negotiation shall be submitted to District Court of Helsinki for resolution unless otherwise agreed.

Validity

The Agreement doesn’t limit your mandatory rights in your country of residence that cannot be legally waived. If a provision of the Agreement is deemed invalid, the remaining provisions will not be affected, and the invalid provision will be replaced with a valid provision that comes closest to the purpose of the Agreement. If there is any conflict between this Agreement and the Privacy Policy, the provisions of this Agreement prevail.

Changes in Agreement

Celltrum may modify the Agreement at any time without prior notice. If the Agreement is changed in a material, adverse way, Celltrum seeks to provide a separate notice advising of the change. You are responsible for regularly reviewing the Agreement. Your continued use of the Service constitutes your consent to any changes and modification.