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Mondo Elite User Guide
End User License Agreement (EULA) Terms and Conditions
(1) End User will have only a non-exclusive, nontransferable license to use the software embedded (Licensed
Software) in the GRACE DIGITAL product (Licensed Product), and hence the license is restricted to the scope of
the use in the Licensed Product. (2) End User acknowledges that any and all transactions by means of the Licensed
Software can only be performed on a certain Cloud Server, which is regulated in the terms and conditions that are
laid down in the "Cloud Server terms and conditions" (identified below) which are explicitly accepted by the End
User. (3) End User is prohibited from reverse engineering (unless required by law for interoperability), disassembly
or decompilation of the Licensed Software and the duplication of the Licensed Software. (4) End User is prohibited
from transferring the Licensed Software to another machine. Even if the original Licensed Product is no longer in
use, or if the Licensed Software is removed from the original hardware, the EULA is tied to the device on which the
Licensed Software is first installed. (5) GRACE DIGITAL disclaims, to the extent permitted by applicable law, any
warranty including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement
and those arising from a course of performance. GRACE DIGITAL does further not warrant that the operation of the
Licensed Software will be uninterrupted or error free or that all deficiencies will be corrected. (6) GRACE DIGITAL
disclaims any liability for any damages, whether direct, indirect, incidental, or consequential, arising from the use of
the Licensed Software. (7) GRACE DIGITAL disclaims liability for the availability and proper functioning of such audio
services features, unless it can be demonstrated that GRACE DIGITAL acted willfully or was grossly negligent. (8)
The End User acknowledges that the Licensed Software can only be used in conjunction with the Licensed Product
and further, that Licensed Software under certain circumstances supports audio services feature, such as Chromecast
built-in, which are all subject to the terms of service entered into by the End User and the respective developer, e.g.
Google Inc., directly. (9) End User consents that its use of the Licensed Software is audited indirectly by GRACE
DIGITAL through the logging of the usage activities of the Cloud Server and that improper use can also be reported
to GRACE DIGITAL, and that any audit rights of the Licensor can be assigned to GRACE DIGITAL. (10) The End User is
notified that the permission to use the Licensed Software ends with its revocation by GRACE DIGITAL under certain
circumstances, which are provided for in " Revocation of the right to use the Licensed Software" (identified below).
(11) The End User must acknowledge that the developers of the audio services features, such as Google LLC, may
also revoke the license keys to use their feature independently from the EULA and therefore, GRACE DIGITAL cannot
intervene in such measures on its own or influence such actions in any other way and cannot be made responsible for
the interruption of the services of audio services features, such as Chromecast built-in by the End User. (12) GRACE
DIGITAL is designated and accepted expressly as a third party beneficiary due to its intellectual property rights in the
Licensed Software of all of the terms of the EULA and End User shall agree that GRACE DIGITAL shall be entitled to
enforce its intellectual property rights in the Licensed Software as such under this EULA.
Cloud Server terms and conditions
(i)
The End User acknowledges that the Licensed Software was developed by StreamUnlimited Engineering GmbH
(hereinafter referred to as "SUE"), and that SUE organizes and supports the cloud server, which is required to
access the audio services (the "Cloud Server").
(ii)
The End User acknowledges that any use of the Licensed Software and any supported online music feature (e.g.
Google Cast) or any other feature may involve a transaction to a Cloud Server, which could be the "Google App
Engine", operated and hosted by Google, Inc., USA, or any similar operated and hosted by a third party, and
therefore SUE is not liable for any unauthorized access to this Cloud Server, and the data processed hereunder.
(iii) End User may only access the Cloud Server via subscription with the Licensed Product or in a manner otherwise
approved by Grace Digital Inc.
(iv) Upon acceptance of the terms and conditions of the EULA the End User will be granted a non-exclusive,
revocable, non-transferable, limited license to use the respective Cloud Server solely for the purpose of
streaming content by means of the Licensed Software and the respective online music feature as embedded in
the Licensed Product in accordance with the terms and conditions of the EULA.
(v) End User acknowledges and agrees that it does not have, nor will it claim any right, title or interest in the Cloud
Server, data, applications, methods of doing business or any elements thereof, or any content processed on the
Cloud Server.
(vi) The license of the End User to use the Cloud Server terminates with the abandonment of the ownership in the
Licensed Product.
Important Legal Information
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