Under this End User License Agreement (the “Agreement”), HudHaüs LLC (“HudHaüs”) grants to the user (the “Licensee” or “you”) a non-exclusive and non-transferable license (the “License”) to use The Club Haus App (the “App”).
The App includes the executable programs and any related printed, electronic and online documentation and any other files that may accompany the product.
All title, copyright, intellectual property rights and distribution rights of the App remain exclusively with HudHaüs. Intellectual property rights include the “look” and “feel” of the App. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the App.
The rights and obligations of this Agreement are personal rights granted only to you. You may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. You may not make available the App for use by one or more third parties.
Failure to comply with any of the terms under this License section will be considered a material breach of this Agreement. Limitations on License.
The App may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
You may not modify, adapt, or create derivative works of the App.
You may not rent, lease, lend, sell, distribute, or sublicense the App.
You may not use the App for any illegal or unauthorized purpose.
Failure to comply with any of the terms under this Limitations on License section will be considered a material breach of this Agreement.
Acceptance. All terms, conditions and obligations of this Agreement will be deemed to be accepted by you upon installation of the App (the “Acceptance”).
License Fee. The purchase price paid by you will constitute the entire License Fee and is the full consideration for this Agreement.
Data Privacy. HudHaus respects your privacy and is committed to protecting your personal information. Please refer to our Privacy Policy for more details on how we collect, use, and protect your data.
Limitation of Liability.
The App is provided by HudHaüs and accepted by you “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
HudHaüs makes no warranty expressed or implied regarding the fitness of the App for a particular purpose or that the App will be suitable or appropriate for the specific requirements of the Licensee.
HudHaüs does not warrant that use of the App will be uninterrupted or error-free. You accept that App in general is prone to bugs and flaws within an acceptable level as determined in the industry.
In no event shall HudHaüs be liable for any general, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by you or any third party, whether in an action of contract, negligence, or other tortuous action, arising out of or in connection with the use or inability to use the App.
Warranties and Representations. HudHaüs warrants and represents that it is the copyright holder of the App, and that granting you the License to use this App is not in violation of any other agreement, copyright or applicable statute. User Support. No user support or maintenance is provided as part of this Agreement. Term. The Term of this Agreement begins upon Acceptance by you and continues in perpetuity unless terminated as prescribed in this Agreement.
Termination. This Agreement will be terminated by HudHaüs and the License forfeited if you fail to comply with any of the terms, or are otherwise determined by HudHaüs (in its sole discretion) to be in breach, of this Agreement. Force Majeure. HudHaüs will be free of liability to you where HudHaüs is prevented from executing its obligations under this Agreement in whole or in part due to a Force Majeure, such as an earthquake, typhoon, flood, fire, and act of war or any other unforeseen and uncontrollable event where HudHaüs has taken any and all appropriate action within its control to mitigate such an event.
Governing Law. By your Acceptance, you agree to submit to the jurisdiction of the courts of the State of New Jersey for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of New Jersey.
Amendments to this Agreement. HudHaus reserves the right to modify or update this Agreement at any time. Any changes will be effective immediately upon posting on the App Store or Google Play Store. By continuing to use the App after any changes are made, you agree to be bound by the revised Agreement.
Miscellaneous.
This Agreement can only be modified in writing signed by both HudHaüs and you. This Agreement does not create or imply any relationship in agency or partnership between HudHaüs and you. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
Only the written terms of this Agreement will bind the parties.
This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon HudHaüs’ successors and assigns.
Notices
All notices to HudHaüs under this Agreement are to be provided at the following address: HudHaüs LLC: 9001 Old River Road, North Bergen, NJ 07047.