Homify Online GmbH & Co. KG, Holländerstraße 34, 13407 Berlin, Germany (hereinafter referred to as: "Homify"), shall provide you with the Homify-App on the basis of these Licensing Terms. Your contractual party with regard to the use of the Homify-App shall solely be Homify.
Neither Google Ireland Limited nor Google Commerce Limited, both based in Gordon House, Barrow Street, Dublin 4, Republic of Ireland, nor any company affiliated with aforementioned Google companies shall be contractual party of the Licence Agreement regarding the use of the Homify-App. The above mentioned companies are exempted from all claims and obligations resulting from this Licence Agreement.
The Homify-App has been designed to run under the Google Android operating system and therefore may only be used in this system environment. The respective current system requirements can be seen in the Google Play Store before purchasing the Homify-App. In order to be able to use all features of the Homify-App, a data connection to the Homify-server and thus an internet connection is necessary.
(1) When entering this Agreement, Homify shall grant you a non-exclusive, free of charge right of use unrestricted in space and time to the Homify-App, i.e. under this framework you are entitled to permanently or temporarily store and install the Homify-App, and to display and run it.
(2) You shall not be granted any other rights of use other than those explicitly listed above under 3 (1) or those that are mandatory legislation. Unless in conflict with mandatory legislation, you shall not be entitled to transfer the rights of use granted to you.
(3) These Licensing Terms shall also apply to all updates and upgrades of the Homify-App, unless these are expressly the subject of separate licensing terms.
(2) In particular, your attention is drawn to the fact that individual optional Homify Services may be subject to costs. Further information and notifications with regard to this shall be provided in connection with the Homify Services.
Homify shall be held liable for material defects and defects of title, irrespective of whatever legal reason, only in the event of intent or if Homify has fraudulently concealed said defects.
(1) The liability of Homify shall be excluded, unless there is gross negligence or intent on the part of Homify.
(2) The liability limitation in accordance with fig. 6 (1) shall also apply in the same scope for the vicarious agents of Homify.
(3) Liability under the Product Liability Act shall remain unaffected by the above limitation of liability according to fig. 5 and 6.
These Licensing Terms and the entire legal relationship between Homify and you regarding the Homify-App shall solely be subject to German law excluding the UN convention on the international sale of goods. If you are acting as a consumer when purchasing the Homify-App in the meaning of section 13 German Civil Code (BGB) and at this point in time your main place of residence is in another country, the application of mandatory legislation of said country shall remain unaffected by the choice of law in sentence 1.
If individual provisions of this Agreement are or shall become ineffective this shall not affect the effectiveness of the remaining provisions.