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Terms of Use

By downloading the Licensed Application from Valve’s software distribution platform (“Steam“), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. Steam is referred to in this License Agreement as “Services“.

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof.

PearPhone.io when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You.

TABLE OF CONTENTS

1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
5. LIABILITY
6. WARRANTY
7. PRODUCT CLAIMS
8. LEGAL COMPLIANCE
9. TERMINATION
10. THIRD PARTY TERMS OF AGREEMENTS AND BENFICIARY
11. INTELLECTUAL PROPERTY RIGHTS
12. APPLICABLE LAW
13. MISCELLANEOUS


1. THE APPLICATION

PearPhone.io (“Licensed Application“) is a piece of software created to play — and customised for mobile devices and PC’s (“Devices“). It is used to play.

The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act(HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).



2 SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, the Purchaser) via Family Sharing or volume purchasing.

2.2 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with our prior written consent), sell, rent or otherwise redistribute the Licensed Application.

2.3 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with our written consent).

2.4 You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time.

2.5 Violations of the obligations above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.6 We reserve the right to modify the terms and conditions of PearPhone.io

2.7 When using this Application, You must ensure that You comply with applicable third-party terms and conditions.



3. TECHNICAL REQUIREMENTS

3.1 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the Applications technical requirements.

3.2 We reserve the right to modify the technical requirements as it seems appropriate anytime



4 MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application.

4.2 We and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.




5 LIABILITY

5.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.





6 Warranty

6.1 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of our sphere of influence that affect the executability of the Licensed Application.

6.2 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by law, the Services Store Operator will have no warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty






7. PRODUCT CLAIMS

We and You (“End-User“) acknowledge that we, and not the Services, are responsible for addressing any claims of the End-User or any third party relating to the Licensed Application, including, but not limited to:

1. product liability claims
2. any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement
3. claims arising under consumer protection, privacy, or similar legislation





8. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting“ country; and that You are not listed on any US Government list of prohibited or restricted parties.






9. TERMINATION

The license is valid until terminated by Us or You. Your rights under this license will terminate automatically and without notice from Us if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.






10. THIRD PARTY TERMS OF AGREEMENT AND BENEFICIARY

We warrant that we will comply with applicable third-party terms of agreement when using the Licensed Application.

In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,“ Steam’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, Steam will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.







11. INTELLECTUAL PROPERTY RIGHTS

We and the End User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that infringes on the third-party’s intellectual property rights, We, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claims.







12. APPLICABLE LAW

This License Agreement is governed by the laws of Germany excluding its conflicts of law rules.







13. Miscellaneous

13.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected.

13.2 Collateral agreements, changes and amendments are only valid if laid down in writing.