EULA
EULA
END USER LICENSE AGREEMENT
Las t updated April 29, 2024
__________ is licens ed to You (End-Us er) by Ochs Enterpris es LLC, located and regis tered at 3999
warbler dr, Winter haven, __________ 33880, United States ("Licens or"), for us e only under the
terms of this Licens e Agreement.
By downloading the Licens ed Application from , and any update thereto (as permitted by this
Licens e Agreement), You indicate that You agree to be bound by all of the terms and conditions
of this Licens e Agreement, and that You accept this Licens eAgreement. referred to in this
Licens e Agreement as "Services ."
The parties of this Licens e Agreement acknowledge that the Services are not a Party to this
Licens e Agreement and are not bound by any provis ions or obligations with regard to the
Licens ed Application, s uch as warranty, liability, maintenance and s upport thereof. Ochs
Enterpris es LLC, not the Services , is s olely res pons ible for the Licens ed Application and the
content thereof.
This Licens e Agreement may not provide for us age rules for the Licens ed Application that
are in conflict with the lates t ("Us age Rules "). Ochs Enterpris es LLCacknowledges that it had
the opportunity to review the Us age Rules and this Licens eAgreement is not conflicting with
them.
__________ when purchas ed or downloaded through the Services , is licens ed to You for us e
only under the terms of this Licens e Agreement. The Licens or res erves all rights not
expres s ly granted to You. __________ is to be us ed on devices that operate with .
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. NO MAINTENANCE AND SUPPORT
5. USER-GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. LIABILITY
8. WARRANTY
9. PRODUCT CLAIMS
10. LEGAL COMPLIANCE
11. CONTACT INFORMATION
12. TERMINATION
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
14. INTELLECTUAL PROPERTY RIGHTS
15. APPLICABLE LAW
16. MISCELLANEOUS
1. THE APPLICATION
__________ ("Licensed Application") is a piece of software created to __________— and
customized for mobile devices ("Devices"). It is used to __________.
The Licensed Application is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you
may not use this Licensed Application. You may not use the Licensed Application in a way
that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You may not share or make the Licensed Application available to third parties (unless to the
degree allowed by the Usage Rules, and with Ochs Enterprises LLC's prior written consent), sell,
rent, lend, lease or otherwise redistribute the Licensed Application.
2.2 You may not copy (excluding when expressly authorized by this license and the Usage
Rules) or alter the Licensed Application or portions thereof. You may create and store
copies only on devices that You own or control for backup keeping under the terms of this
license, the Usage Rules, and any other terms and conditions that apply to the device or
software used. You may not remove any intellectual property notices. You acknowledge that
no unauthorized third parties may gain access to these copies at any time. If you sell your
Devices to a third party, you must remove the Licensed Application from the Devices before
doing so.
2.3 Licensor reserves the right to modify the terms and conditions of licensing.
2.4 Nothing in this license should be interpreted to restrict third-party terms. When using
the Licensed Application, You must ensure that You comply with applicable third-party
terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor reserves the right to modify the technical specifications as it sees appropriate
at any time.
4. NO MAINTENANCE OR SUPPORT
4.1 Ochs Enterprises LLC is not obligated, expressed or implied, to provide any
maintenance, technical or other support for the Licensed Application.
4.2 Ochs Enterprises LLC and the End-User acknowledge that the Services have no
obligation whatsoever to furnish any maintenance and support services with respect to the
Licensed Application.
5. USER-GENERATED CONTRIBUTIONS
The Licensed Application does not offer users to submit or post content. We may provide
you with the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or in the Licensed Application, including
but not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Licensed Application and through
third-party websites or applications. As such, any Contributions you transmit may be treated
in accordance with the Licensed Application Privacy Policy. When you create or make
available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Licensed Application, and other
users of the Licensed Application to use your Contributions in any manner contemplated
by the Licensed Application and this LicenseAgreement.
3. You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness or each and every
such identifiable individual person to enable inclusion and use of your Contributions in
any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or class of
people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any
provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this
LicenseAgreement and may result in, among other things, termination or suspension of your
rights to use the Licensed Application.
6. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data
that you provide following the terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions of other feedback regarding the Licensed Application, you agree
that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area in the Licensed Application. You are solely
responsible for your Contributions to the Licensed Application and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
7. LIABILITY
7.1 Licensor takes no accountability or responsibility for any damages caused due to a
breach of duties according to Section 2 of this License Agreement. To avoid data loss, You
are required to make use of backup functions of the Licensed Application to the extent
allowed by applicable third-party terms and conditions of use. You are aware that in case of
alterations or manipulations of the Licensed Application, You will not have access to the
Licensed Application.
8. WARRANTY
8.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses,
viruses, or any other malware at the time of Your download. Licensor warrants that the
Licensed Application works as described in the user documentation.
8.2 No warranty is provided for the Licensed Application that is not executable on the
device, that has been unauthorizedly modified, handled inappropriately or culpably,
combined or installed with inappropriate hardware or software, used with inappropriate
accessories, regardless if by Yourself or by third parties, or if there are any other reasons
outside of Ochs Enterprises LLC's sphere of influence that affect the executability of the
Licensed Application.
8.3 You are required to inspect the Licensed Application immediately after installing it and
notify Ochs Enterprises LLC about issues discovered without delay by email provided in
Product Claims. The defect report will be taken into consideration and further investigated if
it has been emailed within a period of ninety (90) days after discovery.
8.4 If we confirm that the Licensed Application is defective, Ochs Enterprises LLCreserves a
choice to remedy the situation either by means of solving the defect or substitute delivery.
8.5 In the event of any failure of the Licensed Application to conform to any applicable
warranty, You may notify the Services Store Operator, and Your Licensed Application purchase
price will be refunded to You. To the maximum extent permitted by applicable law, the Services
Store Operator will have no other warranty obligation whatsoever with respect to the Licensed
Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable
to any negligence to adhere to any warranty.
8.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of
limitation amounting to twelve (12) months after the Licensed Application was made available
to the user. The statutory periods of limitation given by law apply for users who are consumers.
9. PRODUCT CLAIMS
Ochs Enterprises LLC and the End-User acknowledge that Ochs Enterprises LLC, and not the
Services, is responsible for addressing any claims of the End-User or any third party relating to
the Licensed Application or the End-User’s possession and/or use of that Licensed Application,
including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or
regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation.
10. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US
Government embargo, or that has been designated by the US Government as a "terrorist
supporting" country; and that You are not listed on any US Government list of prohibited or
restricted parties.
11. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application,
please contact:
Bryan Ochs
3999 warbler dr
Winter haven, __________ 33880
United States
Info@vibra-plate.com
12. TERMINATION
The license is valid until terminated by Ochs Enterprises LLC or by You. Your rights under this
license will terminate automatically and without notice from Ochs Enterprises LLC if You fail to
adhere to any term(s) of this license. Upon Licensetermination, You shall stop all use of the
Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Ochs Enterprises LLC represents and warrants that Ochs Enterprises LLC will comply with
applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User
License Agreement," subsidiaries shall be third-party beneficiaries of this End User License
Agreement and — upon Your acceptance of the terms and conditions of this License Agreement,
will have the right (and will be deemed to have accepted the right) to enforce this End User
License Agreement against You as a third-party beneficiary thereof.
14. INTELLECTUAL PROPERTY RIGHTS
Ochs Enterprises LLC and the End-User acknowledge that, in the event of any third-party claim
that the Licensed Application or the End-User's possession and use of that Licensed Application
infringes on the third party's intellectual property rights, Ochs Enterprises LLC, and not the
Services, will be solely responsible for the investigation, defense, settlement, and discharge or
any such intellectual property infringement claims.
15. APPLICABLE LAW
This License Agreement is governed by the laws of the State of Florida excluding its conflicts of
law rules.
16. MISCELLANEOUS
16.1 If any of the terms of this agreement should be or become invalid, the validity of the
remaining provisions shall not be affected. Invalid terms will be replaced by valid ones
formulated in a way that will achieve the primary purpose.
16.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The
preceding clause can only be waived in writing.
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END USER LICENSE AGREEMENT
Las t updated April 29, 2024
__________ is licens ed to You (End-Us er) by Ochs Enterpris es LLC, located and regis tered at 3999
warbler dr, Winter haven, __________ 33880, United States ("Licens or"), for us e only under the
terms of this Licens e Agreement.
By downloading the Licens ed Application from , and any update thereto (as permitted by this
Licens e Agreement), You indicate that You agree to be bound by all of the terms and conditions
of this Licens e Agreement, and that You accept this Licens eAgreement. referred to in this
Licens e Agreement as "Services ."
The parties of this Licens e Agreement acknowledge that the Services are not a Party to this
Licens e Agreement and are not bound by any provis ions or obligations with regard to the
Licens ed Application, s uch as warranty, liability, maintenance and s upport thereof. Ochs
Enterpris es LLC, not the Services , is s olely res pons ible for the Licens ed Application and the
content thereof.
This Licens e Agreement may not provide for us age rules for the Licens ed Application that
are in conflict with the lates t ("Us age Rules "). Ochs Enterpris es LLCacknowledges that it had
the opportunity to review the Us age Rules and this Licens eAgreement is not conflicting with
them.
__________ when purchas ed or downloaded through the Services , is licens ed to You for us e
only under the terms of this Licens e Agreement. The Licens or res erves all rights not
expres s ly granted to You. __________ is to be us ed on devices that operate with .
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. NO MAINTENANCE AND SUPPORT
5. USER-GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. LIABILITY
8. WARRANTY
9. PRODUCT CLAIMS
10. LEGAL COMPLIANCE
11. CONTACT INFORMATION
12. TERMINATION
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
14. INTELLECTUAL PROPERTY RIGHTS
15. APPLICABLE LAW
16. MISCELLANEOUS
1. THE APPLICATION
__________ ("Licensed Application") is a piece of software created to __________— and
customized for mobile devices ("Devices"). It is used to __________.
The Licensed Application is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you
may not use this Licensed Application. You may not use the Licensed Application in a way
that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You may not share or make the Licensed Application available to third parties (unless to the
degree allowed by the Usage Rules, and with Ochs Enterprises LLC's prior written consent), sell,
rent, lend, lease or otherwise redistribute the Licensed Application.
2.2 You may not copy (excluding when expressly authorized by this license and the Usage
Rules) or alter the Licensed Application or portions thereof. You may create and store
copies only on devices that You own or control for backup keeping under the terms of this
license, the Usage Rules, and any other terms and conditions that apply to the device or
software used. You may not remove any intellectual property notices. You acknowledge that
no unauthorized third parties may gain access to these copies at any time. If you sell your
Devices to a third party, you must remove the Licensed Application from the Devices before
doing so.
2.3 Licensor reserves the right to modify the terms and conditions of licensing.
2.4 Nothing in this license should be interpreted to restrict third-party terms. When using
the Licensed Application, You must ensure that You comply with applicable third-party
terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor reserves the right to modify the technical specifications as it sees appropriate
at any time.
4. NO MAINTENANCE OR SUPPORT
4.1 Ochs Enterprises LLC is not obligated, expressed or implied, to provide any
maintenance, technical or other support for the Licensed Application.
4.2 Ochs Enterprises LLC and the End-User acknowledge that the Services have no
obligation whatsoever to furnish any maintenance and support services with respect to the
Licensed Application.
5. USER-GENERATED CONTRIBUTIONS
The Licensed Application does not offer users to submit or post content. We may provide
you with the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or in the Licensed Application, including
but not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Licensed Application and through
third-party websites or applications. As such, any Contributions you transmit may be treated
in accordance with the Licensed Application Privacy Policy. When you create or make
available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Licensed Application, and other
users of the Licensed Application to use your Contributions in any manner contemplated
by the Licensed Application and this LicenseAgreement.
3. You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness or each and every
such identifiable individual person to enable inclusion and use of your Contributions in
any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or class of
people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any
provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this
LicenseAgreement and may result in, among other things, termination or suspension of your
rights to use the Licensed Application.
6. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data
that you provide following the terms of the Privacy Policy and your choices (including
settings).
By submitting suggestions of other feedback regarding the Licensed Application, you agree
that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area in the Licensed Application. You are solely
responsible for your Contributions to the Licensed Application and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
7. LIABILITY
7.1 Licensor takes no accountability or responsibility for any damages caused due to a
breach of duties according to Section 2 of this License Agreement. To avoid data loss, You
are required to make use of backup functions of the Licensed Application to the extent
allowed by applicable third-party terms and conditions of use. You are aware that in case of
alterations or manipulations of the Licensed Application, You will not have access to the
Licensed Application.
8. WARRANTY
8.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses,
viruses, or any other malware at the time of Your download. Licensor warrants that the
Licensed Application works as described in the user documentation.
8.2 No warranty is provided for the Licensed Application that is not executable on the
device, that has been unauthorizedly modified, handled inappropriately or culpably,
combined or installed with inappropriate hardware or software, used with inappropriate
accessories, regardless if by Yourself or by third parties, or if there are any other reasons
outside of Ochs Enterprises LLC's sphere of influence that affect the executability of the
Licensed Application.
8.3 You are required to inspect the Licensed Application immediately after installing it and
notify Ochs Enterprises LLC about issues discovered without delay by email provided in
Product Claims. The defect report will be taken into consideration and further investigated if
it has been emailed within a period of ninety (90) days after discovery.
8.4 If we confirm that the Licensed Application is defective, Ochs Enterprises LLCreserves a
choice to remedy the situation either by means of solving the defect or substitute delivery.
8.5 In the event of any failure of the Licensed Application to conform to any applicable
warranty, You may notify the Services Store Operator, and Your Licensed Application purchase
price will be refunded to You. To the maximum extent permitted by applicable law, the Services
Store Operator will have no other warranty obligation whatsoever with respect to the Licensed
Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable
to any negligence to adhere to any warranty.
8.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of
limitation amounting to twelve (12) months after the Licensed Application was made available
to the user. The statutory periods of limitation given by law apply for users who are consumers.
9. PRODUCT CLAIMS
Ochs Enterprises LLC and the End-User acknowledge that Ochs Enterprises LLC, and not the
Services, is responsible for addressing any claims of the End-User or any third party relating to
the Licensed Application or the End-User’s possession and/or use of that Licensed Application,
including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or
regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation.
10. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US
Government embargo, or that has been designated by the US Government as a "terrorist
supporting" country; and that You are not listed on any US Government list of prohibited or
restricted parties.
11. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application,
please contact:
Bryan Ochs
3999 warbler dr
Winter haven, __________ 33880
United States
Info@vibra-plate.com
12. TERMINATION
The license is valid until terminated by Ochs Enterprises LLC or by You. Your rights under this
license will terminate automatically and without notice from Ochs Enterprises LLC if You fail to
adhere to any term(s) of this license. Upon Licensetermination, You shall stop all use of the
Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Ochs Enterprises LLC represents and warrants that Ochs Enterprises LLC will comply with
applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User
License Agreement," subsidiaries shall be third-party beneficiaries of this End User License
Agreement and — upon Your acceptance of the terms and conditions of this License Agreement,
will have the right (and will be deemed to have accepted the right) to enforce this End User
License Agreement against You as a third-party beneficiary thereof.
14. INTELLECTUAL PROPERTY RIGHTS
Ochs Enterprises LLC and the End-User acknowledge that, in the event of any third-party claim
that the Licensed Application or the End-User's possession and use of that Licensed Application
infringes on the third party's intellectual property rights, Ochs Enterprises LLC, and not the
Services, will be solely responsible for the investigation, defense, settlement, and discharge or
any such intellectual property infringement claims.
15. APPLICABLE LAW
This License Agreement is governed by the laws of the State of Florida excluding its conflicts of
law rules.
16. MISCELLANEOUS
16.1 If any of the terms of this agreement should be or become invalid, the validity of the
remaining provisions shall not be affected. Invalid terms will be replaced by valid ones
formulated in a way that will achieve the primary purpose.
16.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The
preceding clause can only be waived in writing.
Customize Policy Style
Theme
Create New ThemeSharp (Default)
Select "Create New Theme" to edit your policy style.
APPLY THEME
Privacy Policy
Terms Of Use
Disclaimer
Cookie Policy
Consent Preferences