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Terms & Conditions for 'WA for Legacy iOS'

Last Update: 2024-10-28

ALWIN LUBBERS SOFTWARE

SOFTWARE TERMS & CONDITIONS FOR 'WA for Legacy iOS'

PLEASE READ THESE TERMS & CONDITIONS ("Terms") CAREFULLY BEFORE USING 'WA for Legacy iOS' OR 'WA for Legacy iOS Cloud'. BY USING 'WA for Legacy iOS', YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE 'WA for Legacy iOS', AND IF PRESENTED WITH THE OPTION TO "AGREE" OR "DISAGREE" TO THE TERMS, SELECT "BACK" AND DISCONTINUE USE IMMEDIATELY.

IMPORTANT NOTE: This software is licensed to you for the reproduction, modification, publication, and distribution of non-copyrighted materials, materials for which you own the copyright, or materials you are legally authorized to reproduce, modify, publish, or distribute. If you are uncertain about your rights to copy, modify, publish, or distribute any material, you should seek legal advice.

1. General

  1. 'WA for Legacy iOS' (including all files within the installation folder/IPA-archive), third-party software, documentation, interfaces, content, fonts, and any data accompanying this License in any form (collectively, "'WA for Legacy iOS'") are licensed, not sold, to you by Alwin Lubbers Software. Alwin Lubbers Software retains ownership of 'WA for Legacy iOS' and reserves all rights not expressly granted to you under this License.
  2. Alwin Lubbers Software may, at its discretion, release updates or upgrades to 'WA for Legacy iOS'. Alwin Lubbers Software may provide these upgrades or updates up to, but not including, the next major release. Post-major release, Alwin Lubbers Software may also release minor updates and enhancements. Updates may or may not include all existing or new features, and some updates may be provided with or without additional charges. Unless accompanied by a separate license, these Terms govern any upgrades that replace or supplement 'WA for Legacy iOS'.
  3. Title and intellectual property rights in any content displayed or accessed via 'WA for Legacy iOS' belong to the respective content owner and may be protected by copyright or other intellectual property laws. This License does not grant you any rights to such content, nor does it ensure continued access to such content.

2. Permitted Uses and Restrictions

  1. Single-Copy License. You are granted a limited, non-exclusive license to install, use, and run one (1) copy of 'WA for Legacy iOS' for personal use, subject to these Terms. If obtained under a volume or maintenance license, the corresponding agreement governs the number of permitted copies.
  2. Volume or Maintenance License. If obtained under a volume or maintenance license program, the number of copies permitted is determined by your agreement with Alwin Lubbers Software. All other terms in this License apply unless otherwise agreed in writing.
  3. Compliance with Laws. You agree to use 'WA for Legacy iOS' and any Services (as defined in Section 5) in compliance with applicable laws, including local regulations in your country or region.
  4. Third-Party Software. 'WA for Legacy iOS' may include third-party software or services. Alwin Lubbers Software is not obligated to provide technical support for third-party software or services. Contact the relevant provider directly for support.

3. Transfer

  1. Your Single-Copy license for 'WA for Legacy iOS' obtained from Alwin Lubbers Software is non-transferable.
  2. Any copy provided for promotional, evaluation, diagnostic, or restorative purposes is restricted to such purposes and may not be resold or transferred.

4. Consent to Use of Data

  1. Diagnostic and Usage Data. If you opt in to diagnostic data collection, you agree that Alwin Lubbers Software and its agents may collect, process, and use diagnostic, technical, and usage data (collected anonymously) to provide updates and services. You can turn off data collection through 'Me/Profile' > 'Server/Cloud' > 'Send Reports'.
  2. Privacy Policy. Your data will be handled in accordance with the 'WA for Legacy iOS' Privacy Policy, available at https://alwinlubbers.nl/legal/.

5. Services and Third-Party Materials

  1. 'WA for Legacy iOS' may grant access to 'WA for Legacy iOS Cloud' and other Alwin Lubbers Software and third-party services ("Services"). Some Services may require Internet access and additional terms or fees. By using these Services, you agree to the applicable terms for those Services.
  2. You may encounter objectionable content when using the Services. You agree to use the Services at your own risk, and Alwin Lubbers Software disclaims any liability for such content.
  3. Third-Party Materials may be available via 'WA for Legacy iOS' Services. Alwin Lubbers Software is not responsible for evaluating or endorsing third-party content, accuracy, or legal compliance. Any use of Third-Party Materials is at your discretion, and Alwin Lubbers Software assumes no responsibility for any third-party products or services.
  4. Services may not be available in all languages or regions. You are responsible for ensuring that your use complies with applicable local laws. Alwin Lubbers Software reserves the right to modify or discontinue Services without notice or liability.

6. Termination

These Terms remain effective until terminated. Your rights will automatically terminate if you fail to comply with any provision of these Terms. Upon termination, you must cease all use of 'WA for Legacy iOS', including 'WA for Legacy iOS Server', 'WA for Legacy iOS Cloud' and the 'WA for Legacy iOS' app, and destroy all copies. Sections 4, 5, 6, 7, and 8 survive termination.

7. Disclaimer of Warranties

  1. If you are a consumer, you may have legal rights that override the following disclaimers. To understand your rights, consult a local consumer rights organization.
  2. TO THE EXTENT PERMITTED BY APPLICABLE LAW, 'WA FOR LEGACY IOS' AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. YOU ASSUME ALL RISKS OF USING 'WA FOR LEGACY IOS' AND SERVICES, INCLUDING BUT NOT LIMITED TO SATISFACTORY QUALITY, ACCURACY, AND PERFORMANCE.
  3. ALWIN LUBBERS SOFTWARE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALWIN LUBBERS SOFTWARE DOES NOT WARRANT THAT 'WA FOR LEGACY IOS' AND/OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPATIBLE WITH THIRD-PARTY SOFTWARE.
  4. 'WA FOR LEGACY IOS' IS NOT SUITABLE FOR ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS NUCLEAR FACILITIES OR LIFE-SUPPORT SYSTEMS, WHERE FAILURE COULD RESULT IN DEATH OR PERSONAL INJURY.

8. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALWIN LUBBERS SOFTWARE BE LIABLE FOR INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION. ALWIN LUBBERS SOFTWARE'S TOTAL LIABILITY SHALL NOT EXCEED FIFTY DOLLARS ($50.00). THIS LIMITATION APPLIES EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Sections 9, 10, 11, 12 and 13 outline additional terms for 'WA for Legacy iOS Cloud' subscriptions.

9. WA for Legacy iOS Cloud

'WA for Legacy iOS Cloud' is an optional subscription service that provides access to a private instance of 'WA for Legacy iOS Server' managed by Alwin Lubbers Software. All subscription prices are inclusive of VAT, sales tax, and other applicable fees. You are responsible for ensuring compliance with laws, regulations, and third-party rights in your use of 'WA for Legacy iOS Cloud'.

10. Payments

Our order process is handled by payproglobal.com, which acts as the Merchant of Record. Payments can be made via credit card or other methods supported by PayPro Global. All subscriptions auto-renew unless canceled, and PayPro Global handles customer service and returns.

  1. Payment Methods: Payments are accepted via major payment methods, such as major credit cards and PayPal, through PayPro Global.
  2. Billing Cycles: Access may be suspended if payment is not successfully processed. You are responsible for maintaining accurate billing information.
  3. Pricing Changes: You will be notified of any changes to subscription prices in advance.

11. Refund Policy

When you first subscribe to WA for Legacy iOS Cloud, you may try WA for Legacy iOS Cloud for 14 days, also known as the "trial period". If you cancel your WA for Legacy iOS Cloud subscription within 14 days from the point you've made your first payment, Alwin Lubbers Software will grant you a refund, which will be deposited in the bank account that you've used for the payment. To request a refund within the 14-day window, please contact customer support through the WA for Legacy iOS App or customer portal. Refunds are only granted if you have not breached any terms of service. Refunds for WA for Legacy iOS Cloud subscriptions will only be granted for cancellations within the first 14 days of payment. Refunds will not be pro-rated based on usage within the billing cycle.

After your "trial period" has ended, Alwin Lubbers Software will not offer refunds.

12. Cancellation

  1. Expiration Date
    When you subscribe to WA for Legacy iOS Cloud, you'll get to see when your subscription is about to renew. This date is also known as the "expiry date".
  2. Cancellation after Trial Period
    If you cancel your WA for Legacy iOS Cloud subscription after your "trial period", Alwin Lubbers Software will keep the WA for Legacy iOS Cloud instance that is tied to your account active until the "expiry date". Alwin Lubbers Software offers no refunds if you cancel your subscription after the "trial period".
  3. Notice Period
    Cancellations must be initiated at least 24 hours before the renewal date to avoid charges for the next billing cycle.

Upon cancellation, your account will remain active until the end of the current billing period. After this period, your account and associated data will be permanently deleted on the day that your subscription expires. Reactivation of the same instance will not be possible. Alwin Lubbers Software is not responsible for any data loss resulting from cancellation.

13. Service Availability/Downtime

WA for Legacy iOS Cloud aims to provide uninterrupted service but reserves the right to perform scheduled maintenance or address unplanned outages. In the case of extended downtime, we will make reasonable efforts to notify you.
In the case of extended downtime exceeding 48 hours, at Alwin Lubbers Software's discretion, you may be eligible for a credit applied to your next billing cycle. No cash refunds will be provided for downtime.
We will make reasonable efforts to notify users at least 48 hours in advance of scheduled maintenance that may impact service availability.

14. Governing Law

This License is governed by Dutch law. All disputes will be resolved exclusively in the Netherlands.

15. Final Provisions

This License constitutes the entire agreement between you and Alwin Lubbers Software, superseding all prior agreements. If any part of this License is found to be unenforceable, the remaining provisions will remain in full effect.