Lyfo B.V. (“Lyfo”) hereby grants to the authorized user (“you”) of Lyfo.net (the “software”) a non-exclusive, non-transferable, non-sublicensable and revocable right to use this software. The software consists of the Lyfo-app, the Lyfo-applet that is encoded on the (eUICC-)SIM, as well as any other source code of which Lyfo is the sole owner. The Provider (e.g. (Equipment) Distributor, or Mobile operator) is the supplier of the software.
You are an authorized user as long as (1) you are entitled to use the mobile device you are installing the software on and (2) as longs as you or your employer is entitled to activate the software upon agreement with your mobile operator enabling this service, and/or upon agreement with Lyfo directly, as the case may be. That agreement entails at least the same terms and conditions as this End User License Agreement. Because most likely your employer will be the party to such agreement, and any act or omission by the same will be attributed to you and vice versa, in this End User License Agreement the term “you” includes your employer as well.
This license is valid for solely the mobile device you are installing this software on and for the SIM on which the software is installed. This license can thus not be transferred to any other SIM, device, person or entity.
The software is under constant development, and therefore may change from time to time. The availability of any features at any moment in time does not imply that such features will stay available over time, if deemed unnecessary or incompatible with new software updates.
It is expressly forbidden to:
copy (other then mentioned in Clause 1.7 below), access, hack, decipher, disassemble, decompile or “unlock”, reverse or reverse engineer in any manner the source code of the software, except to the extent permitted by mandatory law or applicable open source license;
modify, merge, translate, adapt or transfer copies of the software, including its object code and/or source code or any part thereof;
provide copies of the software to third parties;
sublicense the software or otherwise make available the software to third parties, including by rental, Software-as-a-Service models or otherwise;
modify the software, except to the extent permitted by mandatory law;
commercially exploit (parts of) the software;
work around any technical restrictions or limitations in the software;
remove indications of Lyfo as copyright and patent holder of the software or to remove or render illegible any part thereof.
Lyfo has protected the software by applying technical software security that notices, logs and records any breach of, or any attempt to breach these protective measures. You agree that such records may be used as prima facie evidence of breach by Lyfo. You are aware of these protective measures and their probative value, and you agree to the same.
You may make a backup of the Lyfo-app. This backup copy may not be used or traded or distributed in any way, except in conjunction with the original software.
Some features of the software and services accessed through the software may require your device to access the internet. Your access and usage (including charges) may be subject to the terms of your cellular or internet provider agreement.
You are always responsible for (i) understanding and complying with the terms of your own plans and agreements, and (ii) any issues arising from using or accessing networks, including public/open networks. You may use the software to connect to networks, and to share access information about those networks, only if you have permission to do so.
All right, title and interest to the software, the accompanying documentation and all modifications and extensions thereto rest and remain with Lyfo. You only have the rights and permissions explicitly granted by this agreement or granted in writing otherwise. You may not use, copy, distribute or publish the software in any other manner.
The software comprises third-party open source software. The respective third-party rights holders grant you the rights indicated in the applicable open source licenses. These licenses can be found in the documentation (lyfo.net). This end user license agreement does not apply to this open source software, and nothing in this agreement shall be construed as a limitation of any right granted to you under an open source license.
License fee and registration
The usage right is subject to payment of a recurring license fee to be paid directly to your Provider.
By downloading, installing and activating the Lyfo-app you register yourself and this mobile device as a user of the software. Use of the software additionally requires activation. During registration and activation Lyfo processes certain data. This data is only used for the execution of the license agreement and functioning of the software.
Lyfo from time to time releases updates that address bugs or improve the functioning of the software.
Lyfo does not accept any liability for damage that could have been avoided if an available update (preventing the damage) has not been installed by you.
An update may provide terms additional to the terms of this agreement. You will be informed in advance if this is the case and you will have an opportunity to refuse that update. By installing such an update you accept the additional terms, which then become part of this agreement.
You are solely responsible for installation and usage of the software. The documentation will provide recommended requirements for the hardware and software environment.
Support of the software will be provided by your Provider. Lyfo is under no obligation to provide you with any direct support for the use of the software.
Guarantees, liability, indemnification.
The software is supplied “as is” and without warranty or representation regarding accuracy, conformity or the nonexistence of bugs. You use the software at your own risk and responsibility.
Except in cases of intentional misconduct or gross negligence Lyfo is not liable towards you, regardless of ground, for any direct or indirect damages in connection with the software.
No liability exists in case damages were not reported within 2 weeks upon discovery to Lyfo. In addition no liability exists if the cause of damage is beyond the control of Lyfo.
You agree to indemnify and hold Lyfo, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the software, your violation of this End User License Agreement, your violation of any rights of another, or any breach of the foregoing representations, warranties and covenants.
You are solely responsible for your actions when using the software, including, but not limited to, costs incurred for internet or mobile service access. Lyfo reserves the right, at our own expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.
Term of the agreement
Notwithstanding the agreement mentioned in Clause 1.2 above, this specific End User License Agreement enters into force when you start use of the software and remains in force until terminated. Upon expiry or termination of the agreement with your mobile operator, this agreement shall terminate automatically together with the agreement.
You cannot terminate this agreement separately from the agreement with your Provider regarding use of the software.
This agreement can be terminated by Provider immediately in case you are no longer an authorized user, enter into bankruptcy, apply for a suspension of payments, your assets are seized, you pass away, or in case you enter into liquidation, legal dissolution or winding-up.
After termination of the agreement (regardless of reason) you must cease all use of the software. In addition you must remove all copies (including backup copies)) of the software from all computer systems under your control, however you must continue to comply with article 1.5.
The laws of The Netherlands apply to this end-user license agreement, with the exclusion of any other jurisdiction.
Unless dictated otherwise by mandatory law, all disputes arising in connection with this agreement shall be brought before the competent Dutch court for the principal place of business of Lyfo.
A finding that any particular provision of this agreement is legally void shall not affect the validity of the entire agreement. In such a case the parties shall determine a replacement provision that is legally valid and approximates the intent of the offending provision as much as possible.
Lyfo may assign its rights and obligations under this agreement to a third party that acquire the relevant business or the copyrights to the software from Lyfo.