Contrat de licence utilisateur final

Licensor

KEVALO BV, Zonhoven, Belgium

Company no.

BE 1031.146.127

Contact

[email protected]

1. Agreement between you and the developer

This End-User License Agreement (“Agreement”) is concluded between you (“you”, the end user) and KEVALO BV (“Developer”, “we”, “us”) only, and not with Bose Corporation (“Bose”). The Developer, and not Bose, is solely responsible for the Mast application (“Application”) and its content. Bose does not in any way endorse, approve of, or sponsor the Application.

2. Scope of the license

Subject to this Agreement, the Developer grants you a limited, personal, non-exclusive, non-transferable license to use the Application on Bose SoundTouch systems that you own or control. You may not sublicense, rent, lease, sell, redistribute or make the Application available to third parties, nor reverse engineer, decompile or disassemble it except to the extent such restriction is prohibited by applicable law.

3. What the Application does — and does not do

The Application communicates with compatible Bose SoundTouch systems over your local network using the publicly documented SoundTouch Web API. It does not require, and does not connect to, any Bose cloud service. The Application is an independent product. Its functionality depends on hardware, firmware and interfaces controlled by Bose, and on third-party internet radio streams that the Developer neither operates nor controls. Availability of any specific feature, device or station is not guaranteed.

4. Maintenance and support

The Developer is solely responsible for providing any maintenance and support services for the Application, to the extent described here or required by applicable law. Support requests can be sent to [email protected]. Bose has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.

5. Warranty

The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. Bose has no warranty obligation whatsoever with respect to the Application. Any claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are the sole responsibility of the Developer. Nothing in this Agreement limits the statutory rights you have as a consumer under Belgian or European Union law, including the right to a product that conforms to the contract.

6. Product claims

The Developer, and not Bose, is responsible for addressing any claim by you or a third party relating to the Application or your possession and/or use of it, including but not limited to: product liability claims; any claim that the Application fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.

7. Intellectual property rights

In the event of any third-party claim that the Application, or your possession and use of the Application, infringes that third party's intellectual property rights, the Developer, and not Bose, is solely responsible for the investigation, defense, settlement and discharge of that claim.

8. Third-party beneficiaries

You acknowledge and agree that Bose, Bose's affiliates, and their respective licensors are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, those beneficiaries have the right — and are deemed to have accepted the right — to enforce this Agreement against you as third-party beneficiaries.

9. Trademarks

Bose and SoundTouch are trademarks of Bose Corporation. All other trademarks, service marks, trade names and logos referenced in the Application are the property of their respective owners. Their use does not imply any affiliation with or endorsement by those owners.

10. Radio content and third-party services

The Application can play internet radio streams provided by third parties. Those streams, their content, their availability and their own terms of use are the sole responsibility of the respective broadcasters. The Developer does not host, transcode, record or redistribute any audio content, and makes no claim to any rights in it. Station metadata may be sourced from community databases. You are responsible for using the Application in accordance with the terms of the broadcasters whose streams you play.

11. Privacy

The Application collects no personal data and stores its settings only locally on your device. See the privacy statement for details.

12. Right of withdrawal (EU consumers)

As a consumer in the European Union you normally have fourteen (14) days to withdraw from the purchase of digital content. By downloading and starting to use the Application you expressly consent to immediate performance and acknowledge that you thereby lose your right of withdrawal. Purchases are processed by the app store you bought through; refund requests are handled according to that store's policy.

13. Term and termination

This Agreement applies from the moment you install the Application and remains in force until terminated. It terminates automatically if you fail to comply with any of its terms; upon termination you must stop using the Application and delete all copies. The Developer's license to use the SoundTouch Web API is granted by Bose and is revocable by Bose. If that license is terminated or suspended, some or all functionality of the Application may become unavailable. Sections 5 to 9 survive any termination of this Agreement.

14. Limitation of liability

To the maximum extent permitted by applicable law, the Developer is not liable for any indirect, incidental, special or consequential damages arising out of or related to the use of, or inability to use, the Application. This limitation does not apply to liability for death, personal injury, fraud, wilful misconduct, or any other liability that cannot be excluded under Belgian law.

15. Governing law

This Agreement is governed by Belgian law. Disputes are subject to the courts of Limburg, without prejudice to the mandatory rights of consumers to bring proceedings before the courts of their place of residence.

16. Changes to this Agreement

The Developer may update this Agreement. The current version is always available at this address. Material changes will be announced in the Application or in the release notes.