COS SYSTEMS AB – END USER LICENSE AGREEMENT
This End User License Agreement (“EULA”) sets forth the legal agreement between COS SYSTEMS AB., a Swedish company (“COS”) and you relating to your access to and use of the software and services offered by COS, in whatever format or online environment they may occur, and all content contained therein (“Software” if not accessed in an online environment, and “Services,” if accessed in an online environment; collectively, the “Products”). COS may revise and update this EULA from time to time in COS’s sole discretion. It is your responsibility to check this EULA periodically for changes. Your continued use of the Services following the posting of revised Agreement means that you accept and agree to the changes.
- Grant of License. COS hereby grants to you a revocable, non-exclusive, non-transferrable right to download and install the Products as set forth in the applicable Product’s download and installation terms, and to access and use, through a supported web browser, the applicable Product strictly in accordance with this Agreement for the purposes for which COS makes such Products available (the right to download, install, access and use the applicable Product is referred to as the “License”).
- Capacity. To use the Products, you must be, and represent and warrant that you are, of legal age (18 years and over) and of legal competence to enter into a binding agreement with COS, and that you are not otherwise prohibited from using or receiving the Products in accordance with this EULA. By using the Products on behalf of any third party you represent that you are an authorized representative of that third party and that your use of the Products on behalf of that third party constitutes acceptance by such third party of this EULA, and you have authority to bind such third party.
- Termination. You may stop using the Products at any time, except to the extent you agree otherwise in the use of particular Services offered on a subscription or similar basis. COS may terminate your access to the Services in whole or in part if it reasonably believes you have breached this EULA, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use the Products. If your access to the Products is terminated, COS may exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. Upon termination of this EULA by COS, COS shall be under no obligation to store, retrieve or assist in storing or retrieving any of your data. It shall be your sole responsibility to backup and archive any or all of your data. The provisions of sections 2.4, 3, 4.2,
5, 7, 8 and 9 of this EULA will survive indefinitely unless and until COS chooses to terminate them, regardless of whether any account you open is terminated by you or COS or whether you continue to use or continue to have the right to use the Services.
- Reservation of Rights; Restrictions.
- Reservation of Rights. The License granted to you does not transfer to you any right, title or interest in or to any of COS’s intellectual property rights or those of any COS suppliers or licensors. The License is a limited license, and you have no other right, title or interest in the Services, including, but not limited to, the Software. Any rights not expressly granted to you are fully reserved by COS and its suppliers or licensors, as applicable, and no such rights are conferred by estoppel, operation of law, implication or otherwise.
- Restrictions on Your Activities. You agree that you will not:
- decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Products;
- make any modification, adaptation, improvement, enhancement, translation or derivative work from the Products;
- violate any applicable laws, rules or regulations in connection with your access or use of the Products;
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of COS or its affiliates, partners, suppliers or the licensors of the Services or otherwise obscure or modify the manner in which the Services are displayed by means of the Software;
- install, use or permit the Products to exist on more than one device at a time or on any other mobile device or computer, other than by means of your separate downloads of the Software, each of which is subject to a separate license (this restriction however does not limit your right to reinstall the Software on the specific device for which it was downloaded);
- distribute or link the Products to multiple devices or other services only to the extent that such an action is permitted by the Service;
- make the Products over a network or other environment permitting access or use by multiple Devices or users at the same time;
- use the Products for data mining, scraping, crawling, redirecting, or compiling a collection of listings or data for any purpose (including, without limitation, for use by a listing product or listing service that is, directly or indirectly, competitive with or in any way a substitute for any services offered by COS) other than one authorized pursuant to this License;
- use the Products to send automated queries or to send any unsolicited commercial faxes, phone calls, mail, text messages, or e-mail;
- develop nor sell competing Software or Services, as determined by COS in its sole discretion, in the event of a termination of this Agreement by you as a consequence of our own breach of the Agreement.
- Restrictions on Use of Data or Materials. You agree that you will not use the Products for any revenue generating endeavor, commercial enterprise, or other purpose for which they are not designed or intended. By using the Products, you agree that you will not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display (except for your own personal, non-commercial use) any of the data or materials accessed by the Products without the prior written consent of COS. You agree that you will not use the data or materials accessed by the Products for any unauthorized non-commercial marketing and promotional campaigns, target or mass solicitation campaigns or political campaigning.
- Limitations on Use. You may use the Products and any data or materials made available to you in connection with your use of the Products only as expressly permitted by this EULA and only in a manner that does not interfere with COS’s right or ability to provide the Products to others or any third party’s right or ability to use or enjoy the Products. Without limitation, you may not: (i) infringe, violate, or transgress any right of any party; (ii) attempt to bypass, disrupt or interfere with the security, provision or use of the Services; (iii) impersonate another person or entity, misrepresent your affiliation with a person or entity, or use a false identity; (iv) attempt to obtain unauthorized access to the Services; (v) engage, directly or indirectly, in any type of unsolicited communication; (vi) collect, manually or through an automatic process, information about other users without their express consent; (vii) submit false or misleading information to COS; (viii) violate any law, rule, or regulation; (ix) use any of COS’s trademarks, service marks, or other portion of the Services (including in connection with meta tags or other “hidden text”) in advertising, promotions, or for other commercial purposes; (x) use the COS.com domain name or any domain name for any purpose; (xi) link to or “frame” any COS website (including deep linking to a specific portion of any COS website) or overlay content on the Services, except as expressly authorized by COS; (xii) conduct script searches or use search results of the Products in a manner that results in the automated display of any material or other information on a third party website; (xiii) use the Products to compile information about a product or service for use in connection with a listing for a competitive product or service; (xiv) take any action that may undermine the ratings or review or similar process(es) under the Products; or (xiv) assist any third party in engaging in any activity prohibited by this EULA. COS reserves the right, but not the obligation, to monitor the Services for the purpose of determining that your usage is in compliance with this EULA and you consent to such monitoring.
- Third Party Content and Service.
- Third Party Products. Some or all of the software or services may be provided by an affiliate or subsidiary of COS or a third party (collectively, “Third Party Products”), and you may be subject to both this License and the terms of service of that third party. Certain portions of the Products may utilize or include Third Party Products that is subject to open source and third party license terms. You acknowledge and agree that your right to use such Third Party Products as part of, or in connection with, the Products is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Products, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses with regard to your use of the relevant Third Party Products, the terms of the open source or third party licenses shall control. In no event shall the Services or components thereof be deemed to be “open source” or “publicly available” software.
- Third Party Content. COS may provide access to third party content, such as network information, service provider information, user-generated reviews, other content submitted by users of the Products, and links to third-party websites. COS does not, unless otherwise provided: (i) undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other users) in connection with the Products; (ii) undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or (iii) endorse any positions, ideas, ideologies, concepts, or opinions contained in such third-party content. COS is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for your use, for the performance or operation of any third party website, for any products or services advertised or sold by any third party (including on or through a third party’s website), or for any other action or inaction by any third party. COS does not endorse any network or service provider. Your use of any such third party materials will be subject to those terms to which you and the third party agree. COS will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that COS is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services.
- Use of the Services.
- Compatibility. COS does not warrant that the Services will be compatible or interoperable with your device(s) or any other piece of hardware, software, equipment or device installed on or used in connection with your device. You acknowledge and agree that COS and its affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
- Third Party Claims. You acknowledge that you are responsible for addressing any third party claims relating to your use or possession of the Products, and agree to notify COS of any third party claims relating to the Products of which you become aware. Furthermore, you hereby release COS from any liability resulting from your use or possession of the Products.
- Maintenance and Support. COS has no obligation to maintain or support the Products. COS may, without further notice to you, periodically update, modify, add to or upgrade the Products. In rare instances, such updates, modifications, additions or upgrades may cause data loss or other issues. You are solely responsible for regularly backing your data to prevent this from occurring.
- Phone/Data/Email Service. You acknowledge and understand that certain aspects of the Products require and utilize phone service, data access, text messaging, email service or other similar capability. Except as otherwise noted as part of the Products, COS hereby advises that the usage of such capabilities is subject to carrier rates for phone, data, text messaging and email service which may apply and, if so, you are solely responsible for any such charges, and agree to hold COS harmless therefrom.
- Geo-Positional Information. The functional use of the Services may depend upon data, including, without limitation, data related to your geographic location and geo-positional data, IP address, street, mailing and billing addresses, the property owner’s information, your landlord’s information, and any other pertinent information deemed necessary by COS or its affiliates or Network operators, and you acknowledge and agree that your failure to provide (or make accessible) that data may limit the functionality of the Services. COS makes no warranty with respect to the accuracy of Products provided to you in reliance on location and geo-positional data provided by you via your device.
- COS’s Intellectual Property.
- Intellectual Property Covenants. By downloading, installing, accessing or using the Products, you acknowledge the validity and enforceability of COS’s copyright in the underlying Products and code. The Products and the accompanying materials are licensed, not sold, to you. COS maintains ownership of all copyright interests in the Products, including any derivative works based upon the Products. Unauthorized copying of the Products or accompanying materials, even if modified, merged, or included with other Products, or of the written materials, is expressly forbidden. You may be held legally responsible for any infringement of intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement.
- No Endorsement. COS makes no representation that any third party device, platform or service provider has endorsed the Services, and you should not rely on the availability of the Products.
- Advertisements. The Products may provide paid listings, advertisements or other sponsored information. The Products may also commingle sponsored information with general, unpaid search results and may not distinguish between these two categories of information. Sponsored listings or other advertisements may be given priority in display over unpaid listings.
- Your Content.
- Content You Provide. The Products may allow you to submit or generate content. To the extent you have any intellectual property rights in such content, you will retain those rights subject to the grant of a license pursuant to this Section. By uploading or otherwise submitting content in connection with your use of the Products, you grant COS (and its affiliates, distributors, and other contractors it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit content unless you are willing, and have the right, to grant this license for such content. COS reserves the right, but not the obligation, to refuse to post, or to remove, in its sole discretion any of your content.
- Limitations on Your Content. You agree that you will not post, whether within the Products or in any discussion forum, blog or any other form of social media or in any online area or any other forum, any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate, or that infringes upon the intellectual property or other proprietary rights of any other party, or that would give rise to civil liability or violate any applicable local, state, federal or international law. You agree that you will not post any content that consists of political campaigning, chain letters, mass mailings of any kind or any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail. You agree that you will not post content that consists of reviews written or submitted by the reviewed business’s owners, employees (past or present), agents, affiliates and/or competitors.
- Disclaimers, Exclusions, Limitations, and Indemnity.
- NO CONSEQUENTIAL DAMAGES. COS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICE WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.
- NATIONAL LAW EXCEPTIONS. CERTAIN NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Indemnity. You agree to defend, indemnify and hold harmless COS, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of this EULA or your use of any COS Product.
- Non-EU/EFTA Access or Use. The Products are intended for use only by persons located in a member state of the European Union or European Free Trade Association (“Area”). COS makes no claims that the Services or any of their content is accessible or appropriate outside of the Area. Access to the Products may not be legal by certain persons or in certain countries. If you access the Products from outside the Area, you do so on your own initiative and are responsible for compliance with local laws.
- LIMITATION PERIOD. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS EULA MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Waiver. Any waiver by COS of any term or condition of this EULA must be in writing. No waiver of any provision of this EULA by COS shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of COS to assert a right or provision under this EULA not constitute a waiver of such right or provision.
- Severability. If any provision of this EULA is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this EULA will continue in full force and effect.
- Modifications. We may modify this EULA at any time by posting a revised version at https://www.cossystems.com/eula-eu including without limitation where such amendment is: (i) required by law, regulation or court order (or is made in anticipation of an impending change in applicable law or regulation), or (ii) made in the ordinary course of COS’s business, applicable to substantially all of COS users located in the user’s jurisdiction that have agreed to terms similar to those set out in this EULA. You may terminate this EULA by ceasing all use of the Product if you do not agree with the amendment. The amendment shall be deemed accepted by you if you do not terminate this EULA. Please note that the provisions of sections 2.4, 3, 4.2, 5, 7, 8 and 9 of this EULA will survive indefinitely unless and until COS chooses to terminate them, regardless of whether any account you open is terminated by you or COS or whether you continue to use or continue to have the right to use the Services.
YOU ACKNOWLEDGE THAT YOUR USE OF THE PRODUCTS TO ENABLE THE TRANSMISSION OF UNSOLICITED VOICE MESSAGES, FACSIMILES, TEXT MESSAGES OR EMAILS IS IN VIOLATION OF THIS LICENSE AND MAY BE IN VIOLATION OF FEDERAL AND STATE LAWS AND REGULATIONS THAT MAY SUBJECT YOU TO PENALTIES UNDER APPLICABLE LAWS; (i) use the Products to attempt to interfere with the proper functioning and display or the proper operation and usage of the COS websites by any other authorized users and third parties; or (ii) use any proprietary information or interfaces of the Products or other intellectual property for any reason.