4.1 The Platform
The End User may use the Cobuilder API only as necessary to exercise its rights hereunder.
The End User shall have no rights to any source code for any of the software in the Cobuilder Platform. The End User may not reverse engineer, decompile, modify, or disassemble the Cobuilder Platform or otherwise reduce the Cobuilder Platform to human-perceivable form in whole or in part, except and only to the extent that such activity is expressly permitted by this Agreement or by applicable laws.
The End User hereby confirms that the End User will not engage in any sort of hacking, tampering, modifying, or altering of the software. This applies regardless of the intention. Any breach of this obligation will result in a termination under this EULA. The End User is not permitted to use the Cobuilder Platform on a mobile device that runs an Android operating system that has had any of its Android-based software restrictions removed via any procedure that is not fully endorsed and authorized by the applicable mobile device manufacturer.
4.2 Third Parties’ Software
The End User acknowledges that effective utilization of the Cobuilder Platform may require the use of other software and technology from third parties (“Third-Party Software”). The End User and/or Customer is solely responsible for procuring such Third-Party Software and the necessary licenses for the use thereof. Cobuilder makes no representation or warranty concerning Third-Party Software and shall have no obligation or liability concerning Third-Party Software.
4.3 End User’s Responsibility and Cobuilder’s indemnification
This EULA does not give the End User any rights to any Content including any data or information stored in any of part of the Cobuilder Platform. The End User is responsible for ensuring that the End User is using any Content correctly, including to ensure not to constitute an infringement of third-party IPR. This obligation applies to any use of the Cobuilder Platform or other agreed-upon Services or products, including the End User’s reception or distribution of data or information belonging to any third party as well as Content that is imported from any Cobuilder database to the End User.
The End User agrees that under no circumstances will Cobuilder be liable in any way for any Content, including any errors or omissions, or any loss or damage of any kind incurred as a result of the End User’s use of any Content. The End User understands that the End User must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. If the End User would like to report objectionable materials or the End User has other urgent issues, the End User may report them to firstname.lastname@example.org.
4.4 Personal data
The End User should not include personal data such as a person’s name, e-mail address, postal address, phone number, or any other data (sensitive or not) related to an identifiable person in any user-generated Content. Cobuilder is not responsible for any Content uploaded or generated by users. The End User acknowledges that the End User’s user-generated content may be viewed, reproduced, published, shared and/or modified by third parties, including law enforcement agencies.
If the End User uploads personal data in the Cobuilder Platform and/or any other Cobuilder database, whether as user-generated content or as data related to an End User’s account, the End User is responsible for ensuring a legal basis for the required processing of the personal data. The data may be used and redistributed by Cobuilder and other users of Cobuilder’s systems as allowed by the Cobuilder Platform. When submitting personal information by using the Cobuilder Platform, the End User is responsible for obtaining consent from the person who the information concerns for the personal information to be used and redistributed by Cobuilder and other users of the Cobuilder Platform.
4.5 Rules of conduct: Obligation to adhere to the acceptable use
The End User commits to ensure that the Cobuilder Platform is used by the End User only as intended by Cobuilder and according to the Agreement and this EULA.
The End User is responsible for procuring, financing, and maintaining necessary computer equipment and internet access, etc. to get access to the Cobuilder Platform. The End User is responsible for the creation, maintenance, and use of data or other Content from the Cobuilder Platform and Cobuilder’s databases in their own business.
The End User is responsible for ensuring that all data uploaded by the End User in the Cobuilder Platform and Cobuilder databases is correct.
The End User agrees, by using the Cobuilder Platform, not to upload, post, transmit or otherwise make available any Content that is illegal, harmful, threatening, abusive, harassing, tortuous, vulgar, hateful, racially, ethnically, or otherwise offensive or discriminatory, obscene, pornographic, excessively violent or harmful to minors, defamatory, libellous or invasive of another’s privacy or publicity rights, infringes any trade secret or IPRs of any party, or contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any product or to provide users with an unfair advantage.
The End User acknowledges that the Content, the DT’s, and any other information available in Cobuilder’s Platform including End Users and the Customers Data, can only be used for internal non-commercial use in the End Users or the Customers normal business operation and not to be part of any commercial use by the Customer, the End User or any third Parties.
The End User may not use the Cobuilder Platform in a way prohibited by law, regulation, governmental order or decree; to violate the rights of others; to try to gain unauthorized access to or disrupt any service, device, data, account, or network; to spam or distribute malware; in a way that could harm the Cobuilder Platform or impair anyone else’s use of it; to perform an activity which will provide some players with an unfair advantage against other players, or in any application or situation where a failure of the Cobuilder Platform could lead to the death or serious bodily injury of any person, or severe physical or environmental damage. Violation of the terms in this section may result in immediate termination of this EULA. Cobuilder can suspend the End User’s use of the Cobuilder Platform irreversibly if Cobuilder suspects that the End User violated the Rules of Conduct outlined in this EULA. Unless Cobuilder believes an immediate suspension is required, Cobuilder will provide reasonable notice before terminating the End User’s account or access to the Cobuilder Platform.