Mosa Pattern Generator
2.1 We may use your personal data, for example information provided by you through the Software, by using the Software or in any other way, information about your use of the Software (log information) and (technical) information about your device. Such personal data may be collected and used to ensure proper performance of the Software, to provide the Services to you, to improve the Software and/or the Services and to contact you or provide you with relevant information with regard to (your use of) the Software and/or the Services.
3.3 If the Software uses services of third parties, also any terms and conditions and or privacy policies of those third parties may apply. Mosa is not responsible or liable for the services and/or privacy policies of third parties.
4 Your status
4.1 By using the Software, you warrant that:
A. you are at least 18 years old; and
B. if you are a an individual, you are legally capable of entering into binding contracts; and
5.2 Without Mosa’s prior written permission the User is not permitted to make the Software available to third parties, to sell or rent the Software to third parties, to decompile, reproduce, reverse engineer or modify the Software, or to (let others) remove or circumvent technical provisions intended to protect the Software.
5.3 Mosa at all times has the right to (i) discontinue the Software, temporarily or permanently; (ii) make procedural and or technical alterations and/or improvements to the Software; (iii) change or remove data or information; (iii) restrict the use of the Software or certain functionalities; and/or (iv) deny the User access and/or use of the Software in full or in part, temporarily or permanently and or by terminating the license.
6 Use of the Software
6.1 Each and every use of the Software is for your own risk and responsibility.
6.2 You may only use the Software for lawful purposes. You may not use the Software (i) in any way that breaches any applicable local, national or international law or regulation; or (ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent intent, purpose or effect.
6.3 After the User has downloaded the Software, the User may register through the Software. Only fully and truthfully completed registrations will be considered by Mosa. In case of any changes of registration details or other relevant data, the User shall update such data through the Software.
6.5 In order to be able to use the Software, the User shall for his own account provide for the necessary equipment, system software and (internet) connection.
6.6 If the User provides information, data and or other content (“Contribution(s)”) through the Software, the User guarantees that the Contribution is complete, correct and up-to-date.
6.8 The User recognizes and acknowledges that the Contribution may be transferred to and used by third parties engaged by Mosa, including Mosa’s cloud provider, in order to operate and/or manage the Software.
7.1 To the best of our ability, we will make efforts to provide the Software with due care. However, Mosa cannot guarantee that the Software will always be available or will always work without any interruptions, errors or defects, or that the information, the processing of information, designs, patterns, results of calculations, advice, settings and other results contained in the Software or provided by Mosa through the Software (“Information”) is complete, correct, accurate and/or suitable for any intended purpose. Mosa will not be liable to you or any other party if for any reason the Software is unavailable at any time or for any period.
7.2 All Information is approximate only and is provided by Mosa by way of non-binding information. Mosa makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or availability of the Information. Any reliance on the Information is at your own risk.
7.3 Mosa is not liable for (the accuracy of any) Contributions, information and other materials or communications that the User or others directly or indirectly post or provide through the Software. Mosa reserves the right to (announced or unannounced) remove any Contributions, information or other materials or statements that have been placed through the Software.
7.4 To the fullest extent permitted by the applicable law, Mosa hereby disclaims any liability and in no event shall Mosa be liable for any damage including, without limitation, direct, indirect or consequential damages including loss of revenue, loss of profit, loss of opportunity or other loss arising from the use of or the inability to use the Software including damages arising from inaccuracies, omissions or errors in the Software and/or the Information.
7.5 Mosa will not be liable or responsible for any inability to use the Software that is caused by events outside Mosa’s reasonable control (a “Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation): (i) impossibility of the use of public or private telecommunications or electricity networks; (ii) legislation, regulations or restrictions of any government; and (iii) the non-delivery or late delivery of products or services to Mosa by third parties engaged by Mosa.
8 Intellectual Property Rights
8.1 The User recognizes and acknowledges that all intellectual property rights and/ or similar rights to the (content and design of the) Software, including the underlying images, videos and audio clips, and the Information are owned solely and exclusively by Mosa and/or its licensors. The User hereby waives all intellectual property rights and/or similar rights that it may have on any creations and/or design resulting of the use of the Software.
8.2 The User will ensure that his use of the Software will in no way prejudice any rights and/or the good name and reputation of Mosa.
9.1 All notices given by you to us must be given to Mosa through Koninklijke Mosa bv, Meerssenerweg 358, PO Box 1026, NL 6201 BA Maastricht, the Netherlands. We may give notice to you at either the e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately when posted on the Software, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
10 Transfer of rights and obligations
11.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13 Law and jurisdiction
Koninklijke Mosa bv, version January 2017