Terms and Conditions

APPLE

GOOGLE

Apple - End User Licence Agreement

This End User Licence Agreement (“Licence”) is an agreement between you and the European University Foundation (hereinafter “EUF”) only - not with Apple - and EUF, not Apple, is solely responsible for the Licensed software and the content hereof. This License governs your use of this software and all related documentation and update and upgrades that replace or supplement the software and are not distributed with a separate license.

BY INSTALLING OR USING THIS SOFTWARE, YOU CONSENT TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, THEN DO NOT INSTALL OR USE THE SOFTWARE. IF YOU INSTALL THE SOFTWARE, THE TERMS AND CONDITIONS OF THIS LICENSE ARE FULLY ACCEPTED BY YOU. Apple and Apple’s subsidiaries are third party beneficiaries of this License Agreement and upon your acceptance of the terms and conditions of this License, Apple will have the right to enforce this License against you as a third-party beneficiary hereof.

1. SCOPE OF LICENSE

In good and valuable consideration, you hereby acknowledge that this software is licensed (not sold) to you by EUF. EUF grants you a personal, non-exclusive, non-transferable license to install and use the software to an iOS Product that you own or control (hereinafter “computer/mobile device”) for your personal, non-commercial use solely as set forth in this License and the Usage Rules set forth in the App Store Terms of Service. EUF does not transfer title to the software to you; this License shall not be considered a “sale” of the software. You may own or control the media on which the software is recorded but EUF retains full and complete right, title and interest in the software (including all material, editorials, characters, images, photographs, animations, video, music, text, etc.) on the media and the accompanying documentation, and all associated copyrights, trademarks and other intellectual and/or industrial property rights therein, including parts which have been licensed to EUF and belong to third parties, such as but not limited to the European Commission, the Erasmus Student Network AISBL. This License is limited to the intellectual property rights of EUF and its licensors in the software and does not include any rights to other patents or intellectual property.

Duration: The term of your license shall commence on the date that you start to download, install or otherwise use the software, and shall end on the earlier of (a) the date that you dispose of the software, (b) EUF’s termination of this License as described in article 5 of this License.

2. SOFTWARE RESTRICTIONS

This software contains copyrighted material, trade secrets and other proprietary material. You may not resell, decompile, reverse engineer, disassemble or otherwise reduce the software to a human-perceivable form. Except as provided for in this License, you may not copy, modify, network, rent, lease, or otherwise distribute the software, nor can you make the software available by “bulletin boards”, online services, remote dial-in, or network or telecommunications links of any kind, nor can you create derivative works or any other works that are based upon or derived from the software in whole or in part. You may not make the software available on a network where it could be used by multiple users at the same time. You may not make the software available over a network where it could be downloaded by multiple users. You may not remove, alter or obscure any product identification, copyright, or other intellectual property notices in the software.

Downloads        You may download for your personal use the number of copies allowed by the software’s digital rights management from an authorized source. However, you may use only one copy of the software on a single computer or mobile device at any given time. For more information concerning the digital rights management that applies to this software, please review the Apple terms and conditions HERE.

Display       Where the software provides you with the ability to create, modify, print, send and/or save images or documents containing EUF’s copyrighted characters or other copyrighted material, this License only allows you to use such images or documents for your own PERSONAL use and not for any commercial or governmental purpose whatsoever. Further you may not sell or publicly display such images or documents (or any material containing such images or documents). You may not use images and/or documents generated by the software in connection with any advertising or promotional materials, whether for profit or not for profit. You further agree that you will preserve all copyright notices that the software embeds within the output of all images and documents. If any such image is solely created by you and does not contain or is not based upon EUF’s copyrighted characters or material, the above restrictions (“Display”) shall not apply.

Appropriate Use     This License does not authorize you to combine images containing EUF’s and its licensors’ copyrighted characters or material with content that is not wholesome or that otherwise disparages EUF and its licensors or their copyrighted characters or material, including without limitation, content that (a) contains nudity, pornography or sexually explicit materials, (b) promotes or portrays violence, (c) promotes or portrays discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (d) promotes or portrays illegal activities, (e) promotes or portrays tobacco, liquor or gambling, (f) infringes any intellectual property rights of EUF or any third party, or otherwise violates the rights of any third party, (g) contains material that is defamatory, fraudulent, or harassing to EUF or any third party, (h) advocates the adoption or promotes the ideology of a specific religious or political viewpoint, or (i) is otherwise in conflict with the image and reputation of EUF.

3. OWNERSHIP OF PROTECTED MATERIAL

The EUF software contains editorial content, graphics, user interface, scripts, schemes, audiovisual material, including, without limitation, images, sound, music and characters, and proprietary information and materials that are owned by or licensed to EUF and/or its contractors and licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright (collectively, the “Protected Material”). The software may allow you to create output containing the Protected Material. You acknowledge and agree that, as between you and EUF, EUF exclusively owns all copyrights, trademarks and all other present and future intellectual property rights in and to the Protected Material as such material appears in the software and on or in any output generated by the software. Your use of such Protected Material shall inure to EUF’s benefit. You shall neither acquire nor assert copyright or any other intellectual property rights in or to the Protected Material or in any derivation, adaptation, or variation thereof. Other than with respect to the Protected Material, EUF claims no rights in or to any content created by you using the software. In the event of any third-party claim that the software or the deriving content created by you infringes that party’s intellectual property rights, you and EUF (not Apple) will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

4. CONSENT TO USE OF DATA  

You agree that EUF may collect, use, store and transmit technical and related information that identifies your mobile device (including the Internet Protocol Address), operating system and application software and peripheral hardware, that may be gathered periodically to facilitate the provision of software updates, dynamically served content, product support and other services to you. EUF may also use this information in the aggregate, and in a form which does not personally identify you, to improve our products and services. EUF may also use the information you supply within the application in order to provide you with the services integrated in the app according to the Privacy Policy put in place.  IF YOU DO NOT WANT EUF TO COLLECT, USE, STORE, TRANSMIT OR DISPLAY THE DATA DESCRIBED IN THIS SECTION, PLEASE DO NOT INSTALL OR USE THE SOFTWARE.

5. YOUR SUBMISSIONS TO OUR SERVICES

Our Services may allow you to submit materials such as comments, pictures, videos and podcasts (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Submission Guidelines, please use the Report a Concern [EN3] feature. You hereby grant EUF a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing. EUF may monitor and decide to remove or edit any submitted material.

Submission Guidelines:

You may not use the Services to:

- post any materials that you do not have permission, right or license to use;

- post objectionable, offensive, unlawful, deceptive or harmful content;

- post personal, private or confidential information belonging to others;

- request personal information from a minor;

- impersonate or misrepresent your affiliation with another person or entity;

- post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;

- plan or engage in any illegal, fraudulent or manipulative activity.

6. EXTERNAL SERVICES

The Licensed Application may enable access to Licensor’s and/or third-party services and Websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk, always complying with applicable third-party terms of agreement. EUF is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by EUF or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of EUF or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that EUF is not responsible for any such case. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. EUF reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

EUF will use reasonable care and skill with respect to the provision of the Licensed Application and any External Services performed or provided by the Licensed Application to you. Licensor does not make any other promises or warranties about the External Services and in particular does not warrant that:

(i)              your used of the External Services will be uninterrupted or error-free;

(ii)            the External Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and EUF disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any Licensed Application that is stored on your system.

7. TERMINATION

This license is effective until terminated by either party. Your rights under this License will terminate immediately and automatically without any notice from EUF if you fail to comply with any of the terms and conditions of this License. EUF’s termination will not limit any of EUF’s other rights or remedies at law or in equity.

8. DISCLAIMER OF WARRANTY

EUF will provide the Services with reasonable care and skill. EUF does not make any other promises or warranties about the Services. USE OF THE EUF SOFTWARE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EUF OR AN AUTHORISED REPRESENTATIVE OF EUF CREATES A WARRANTY AND THE EUF SOFTWARE IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EUF AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, SUCH AS THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON –INFRINGEMENT OF THIRD-PARTY RIGHTS. EUF DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS OF THE SOFTWARE WILL BE CORRECTED. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION AND IN NO CASE SHALL APPLE BE HELD RESPONSIBLE FOR PROVIDING ANY MAINTENANCE AND/OR SUPPORT SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, IN WHICH CASE SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

In the event of any failure of the Licensed Application to conform to any applicable or legally enforced warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be EUF’s responsibility only to the fullest extent permitted by law in the applicable jurisdiciton.

9. LIMITATION OF LIABILITY

IN NO EVENT WILL EUF OR APPLE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER/MOBILE DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT EUF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. In no event shall EUF’s total liability to you for all damages (except as may be required under applicable law) exceed the amount actually paid by you for the software.

10. OTHER TERMS AND CONDITIONS

CHILDREN. under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.

SEVERABILITY AND SURVIVAL If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions shall continue in full force and effect.

INDEMNITY                         You agree to indemnify, defend and hold EUF, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from (i) your acts and omissions to act in using the software pursuant to the terms of this License or (ii) your breach of this License Agreement.

EQUITABLE REMEDIES You agree that a breach of this License adversely affecting EUF’s proprietary rights in the software may cause irreparable injury to EUF for which monetary damages would not be an adequate remedy and EUF shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law.

ENTIRE AGREEMENT      This License constitutes the entire agreement between you and EUF with respect to the software and supersedes all prior or contemporaneous understandings regarding such subject matter. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.

AMENDMENT                    We may amend any of the terms of this License Agreement in our sole discretion by posting the revised terms on the Erasmus+ App website[EN4] . Your continued use of the software after the effective date of any such amendment constitutes your agreement to be bound by such amendment.

LEGAL COMPLIANCE AND GOVERNING LAW      You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

The laws of Luxembourg, excluding its conflicts of law rules, govern this license and your use of the software. Your use of the licensed software may also be subject to other local, state, national, or international laws.

You expressly agree that exclusive jurisdiction for any dispute with EUF, or in any way relating to your use of the EUF software, resides in the courts of Luxembourg and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Luxembourg in connection with any such dispute including any claim involving EUF or its affiliates, subsidiaries, employees, contractors, officers and licensors.

11. CLAIMS & CONTACT

EUF, and in no case Apple, is responsible for addressing any of your claims (or any third party claims) relating to the software or to your possession or use of the Licensed Application, including but not limited to (i) product liability claims, (ii) any claim that the software fails to conform to any applicable legal or regulatory requirement and (iii) claims arising under consumer protection or similar legislation.

In case you have any questions, complaints or claims concerning this License Agreement and/or the licensed software, you may contact us at:

European University Foundation

RCS Luxembourg G190

Address: 31 rue du Parc, Munsbach, Luxembourg

Tel.: +352 261510

E-mail: support@erasmusapp.eu

Last updated: 13 June 2017

Google - End User Licence Agreement

This End User Licence Agreement (“Licence”) is an agreement between you and the European University Foundation (hereinafter “EUF”) only - not with Apple - and EUF, not Apple, is solely responsible for the Licensed software and the content hereof. This License governs your use of this software and all related documentation and update and upgrades that replace or supplement the software and are not distributed with a separate license.

BY INSTALLING OR USING THIS SOFTWARE, YOU CONSENT TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, THEN DO NOT INSTALL OR USE THE SOFTWARE. IF YOU INSTALL THE SOFTWARE, THE TERMS AND CONDITIONS OF THIS LICENSE ARE FULLY ACCEPTED BY YOU. Apple and Apple’s subsidiaries are third party beneficiaries of this License Agreement and upon your acceptance of the terms and conditions of this License, Apple will have the right to enforce this License against you as a third-party beneficiary hereof.

1. SCOPE OF LICENSE

In good and valuable consideration, you hereby acknowledge that this software is licensed (not sold) to you by EUF. EUF grants you a personal, non-exclusive, non-transferable license to install and use the software to an iOS Product that you own or control (hereinafter “computer/mobile device”) for your personal, non-commercial use solely as set forth in this License and the Usage Rules set forth in the App Store Terms of Service. EUF does not transfer title to the software to you; this License shall not be considered a “sale” of the software. You may own or control the media on which the software is recorded but EUF retains full and complete right, title and interest in the software (including all material, editorials, characters, images, photographs, animations, video, music, text, etc.) on the media and the accompanying documentation, and all associated copyrights, trademarks and other intellectual and/or industrial property rights therein, including parts which have been licensed to EUF and belong to third parties, such as but not limited to the European Commission, the Erasmus Student Network AISBL. This License is limited to the intellectual property rights of EUF and its licensors in the software and does not include any rights to other patents or intellectual property.

Duration: The term of your license shall commence on the date that you start to download, install or otherwise use the software, and shall end on the earlier of (a) the date that you dispose of the software, (b) EUF’s termination of this License as described in article 5 of this License.

2. SOFTWARE RESTRICTIONS

This software contains copyrighted material, trade secrets and other proprietary material. You may not resell, decompile, reverse engineer, disassemble or otherwise reduce the software to a human-perceivable form. Except as provided for in this License, you may not copy, modify, network, rent, lease, or otherwise distribute the software, nor can you make the software available by “bulletin boards”, online services, remote dial-in, or network or telecommunications links of any kind, nor can you create derivative works or any other works that are based upon or derived from the software in whole or in part. You may not make the software available on a network where it could be used by multiple users at the same time. You may not make the software available over a network where it could be downloaded by multiple users. You may not remove, alter or obscure any product identification, copyright, or other intellectual property notices in the software.

Downloads        You may download for your personal use the number of copies allowed by the software’s digital rights management from an authorized source. However, you may use only one copy of the software on a single computer or mobile device at any given time. For more information concerning the digital rights management that applies to this software, please review the Apple terms and conditions HERE.

Display       Where the software provides you with the ability to create, modify, print, send and/or save images or documents containing EUF’s copyrighted characters or other copyrighted material, this License only allows you to use such images or documents for your own PERSONAL use and not for any commercial or governmental purpose whatsoever. Further you may not sell or publicly display such images or documents (or any material containing such images or documents). You may not use images and/or documents generated by the software in connection with any advertising or promotional materials, whether for profit or not for profit. You further agree that you will preserve all copyright notices that the software embeds within the output of all images and documents. If any such image is solely created by you and does not contain or is not based upon EUF’s copyrighted characters or material, the above restrictions (“Display”) shall not apply.

Appropriate Use     This License does not authorize you to combine images containing EUF’s and its licensors’ copyrighted characters or material with content that is not wholesome or that otherwise disparages EUF and its licensors or their copyrighted characters or material, including without limitation, content that (a) contains nudity, pornography or sexually explicit materials, (b) promotes or portrays violence, (c) promotes or portrays discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (d) promotes or portrays illegal activities, (e) promotes or portrays tobacco, liquor or gambling, (f) infringes any intellectual property rights of EUF or any third party, or otherwise violates the rights of any third party, (g) contains material that is defamatory, fraudulent, or harassing to EUF or any third party, (h) advocates the adoption or promotes the ideology of a specific religious or political viewpoint, or (i) is otherwise in conflict with the image and reputation of EUF.

3. OWNERSHIP OF PROTECTED MATERIAL

The EUF software contains editorial content, graphics, user interface, scripts, schemes, audiovisual material, including, without limitation, images, sound, music and characters, and proprietary information and materials that are owned by or licensed to EUF and/or its contractors and licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright (collectively, the “Protected Material”). The software may allow you to create output containing the Protected Material. You acknowledge and agree that, as between you and EUF, EUF exclusively owns all copyrights, trademarks and all other present and future intellectual property rights in and to the Protected Material as such material appears in the software and on or in any output generated by the software. Your use of such Protected Material shall inure to EUF’s benefit. You shall neither acquire nor assert copyright or any other intellectual property rights in or to the Protected Material or in any derivation, adaptation, or variation thereof. Other than with respect to the Protected Material, EUF claims no rights in or to any content created by you using the software. In the event of any third-party claim that the software or the deriving content created by you infringes that party’s intellectual property rights, you and EUF (not Apple) will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

4. CONSENT TO USE OF DATA  

You agree that EUF may collect, use, store and transmit technical and related information that identifies your mobile device (including the Internet Protocol Address), operating system and application software and peripheral hardware, that may be gathered periodically to facilitate the provision of software updates, dynamically served content, product support and other services to you. EUF may also use this information in the aggregate, and in a form which does not personally identify you, to improve our products and services. EUF may also use the information you supply within the application in order to provide you with the services integrated in the app according to the Privacy Policy put in place.  IF YOU DO NOT WANT EUF TO COLLECT, USE, STORE, TRANSMIT OR DISPLAY THE DATA DESCRIBED IN THIS SECTION, PLEASE DO NOT INSTALL OR USE THE SOFTWARE.

5. YOUR SUBMISSIONS TO OUR SERVICES

Our Services may allow you to submit materials such as comments, pictures, videos and podcasts (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Submission Guidelines, please use the Report a Concern [EN3] feature. You hereby grant EUF a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing. EUF may monitor and decide to remove or edit any submitted material.

Submission Guidelines:

You may not use the Services to:

- post any materials that you do not have permission, right or license to use;

- post objectionable, offensive, unlawful, deceptive or harmful content;

- post personal, private or confidential information belonging to others;

- request personal information from a minor;

- impersonate or misrepresent your affiliation with another person or entity;

- post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;

- plan or engage in any illegal, fraudulent or manipulative activity.

6. EXTERNAL SERVICES

The Licensed Application may enable access to Licensor’s and/or third-party services and Websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk, always complying with applicable third-party terms of agreement. EUF is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by EUF or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of EUF or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that EUF is not responsible for any such case. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. EUF reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

EUF will use reasonable care and skill with respect to the provision of the Licensed Application and any External Services performed or provided by the Licensed Application to you. Licensor does not make any other promises or warranties about the External Services and in particular does not warrant that:

(i)              your used of the External Services will be uninterrupted or error-free;

(ii)            the External Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and EUF disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any Licensed Application that is stored on your system.

7. TERMINATION

This license is effective until terminated by either party. Your rights under this License will terminate immediately and automatically without any notice from EUF if you fail to comply with any of the terms and conditions of this License. EUF’s termination will not limit any of EUF’s other rights or remedies at law or in equity.

8. DISCLAIMER OF WARRANTY

EUF will provide the Services with reasonable care and skill. EUF does not make any other promises or warranties about the Services. USE OF THE EUF SOFTWARE IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EUF OR AN AUTHORISED REPRESENTATIVE OF EUF CREATES A WARRANTY AND THE EUF SOFTWARE IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EUF AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, SUCH AS THE IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON –INFRINGEMENT OF THIRD-PARTY RIGHTS. EUF DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE OR THAT ANY ERRORS OF THE SOFTWARE WILL BE CORRECTED. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION AND IN NO CASE SHALL APPLE BE HELD RESPONSIBLE FOR PROVIDING ANY MAINTENANCE AND/OR SUPPORT SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, IN WHICH CASE SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

In the event of any failure of the Licensed Application to conform to any applicable or legally enforced warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be EUF’s responsibility only to the fullest extent permitted by law in the applicable jurisdiciton.

9. LIMITATION OF LIABILITY

IN NO EVENT WILL EUF OR APPLE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER/MOBILE DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT EUF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. In no event shall EUF’s total liability to you for all damages (except as may be required under applicable law) exceed the amount actually paid by you for the software.

10. OTHER TERMS AND CONDITIONS

CHILDREN. under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.

SEVERABILITY AND SURVIVAL If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions shall continue in full force and effect.

INDEMNITY                         You agree to indemnify, defend and hold EUF, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from (i) your acts and omissions to act in using the software pursuant to the terms of this License or (ii) your breach of this License Agreement.

EQUITABLE REMEDIES You agree that a breach of this License adversely affecting EUF’s proprietary rights in the software may cause irreparable injury to EUF for which monetary damages would not be an adequate remedy and EUF shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law.

ENTIRE AGREEMENT      This License constitutes the entire agreement between you and EUF with respect to the software and supersedes all prior or contemporaneous understandings regarding such subject matter. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern.

AMENDMENT                    We may amend any of the terms of this License Agreement in our sole discretion by posting the revised terms on the Erasmus+ App website[EN4] . Your continued use of the software after the effective date of any such amendment constitutes your agreement to be bound by such amendment.

LEGAL COMPLIANCE AND GOVERNING LAW      You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

The laws of Luxembourg, excluding its conflicts of law rules, govern this license and your use of the software. Your use of the licensed software may also be subject to other local, state, national, or international laws.

You expressly agree that exclusive jurisdiction for any dispute with EUF, or in any way relating to your use of the EUF software, resides in the courts of Luxembourg and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Luxembourg in connection with any such dispute including any claim involving EUF or its affiliates, subsidiaries, employees, contractors, officers and licensors.

11. CLAIMS & CONTACT

EUF, and in no case Apple, is responsible for addressing any of your claims (or any third party claims) relating to the software or to your possession or use of the Licensed Application, including but not limited to (i) product liability claims, (ii) any claim that the software fails to conform to any applicable legal or regulatory requirement and (iii) claims arising under consumer protection or similar legislation.

In case you have any questions, complaints or claims concerning this License Agreement and/or the licensed software, you may contact us at:

European University Foundation

RCS Luxembourg G190

Address: 31 rue du Parc, Munsbach, Luxembourg

Tel.: +352 261510

E-mail: support@erasmusapp.eu

Last updated: 13 June 2017