End User License Agreement
Concluded between COVREX BV with its registered office at 3200 Aarschot, Nieuwlandlaan 87, bus
B436, company and tax identification number: 0685.906.696, established under the Belgian Law
(hereinafter referred to as „COVREX“)
And natural or legal person as an end user (hereinafter referred to as the „User“)
On the use of the mobile application PoolControl (hereinafter referred to as „PoolControl“) through
MacAppStore.
1. Introduction
1.1. COVREX is the authorized copyright holder of the mobile application PoolControl. In
particular, COVREX is entitled to grand the Users an authorization to use PoolControl.
1.2. This Agreement defines both the rights of PoolControl use and other terms and conditions the
User shall adhere to when using PoolControl.
COVREX reserves the right to amend these Agreement at any time. In case of any modifications to
these Agreement, the modified Agreement will be published on the website of COVREX. COVREX will
inform the User about any changes to these Agreement prior to their date of entry into force. By
continuing to use the App after the date of entry into force of the modified Agreement, the User
agree to be bound by the Agreement as modified.
1.3. Mac App Store is a service enabling to distribute products to users (hereinafter referred to as
„App Store“).
2. License
2.1. COVREX grants the User the permission to use PoolControl as a sublicense, hereinafter
referred to as the „License“. The License is granted for all parts of PoolControl including mainly a
computer program and literary and graphic works.
2.2. COVREX provides the License as a non-exclusive and worldwide. The User is entitled to use
PoolControl by displaying and using it on a mobile device in a quantity of one application
PoolControl.
2.3. The User is entitled to make a backup or other copy if this option is regulated by law. Unless
otherwise provided, the User is only entitled to reinstall the software on the same mobile device.
2.4. The User is not entitled to provide the License or its part to a third party. The User is not
entitled to transfer or assign the License to a third party.
2.5. The User is entitled to use the License only for non-commercial purposes. A non-commercial
purpose means a use out of the gainful activity based on either an employment or a contractual
obligation relationship.
2.6. The License is granted to the User from the moment of obtaining the License through App
Store.
2.7. The License is granted free of charge for a maximum period of time two years. COVREX and
the User are entitled to terminate this Agreement at any time by giving a notice with immediate
effect. Upon expiration of the License or termination of the Agreement for any reason, COVREX may
offer the User a new License for remuneration or other conditions.
3. Update and upgrade
3.1 For the duration of the License, COVREX shall provide non-periodic updates and upgrades of
PoolControl, which may include primarily corrections and modifications. Under the License, the User
is entitled to use PoolControl including these updates and upgrades.
3.2 Upon termination of the License the User is not entitled to continue to use PoolControl in any
version of its update and upgrade. The User is obliged to uninstall, delete or similarly remove
PoolControl from the mobile device and to not use PoolControl any further. COVREX does not
guarantee that PoolControl without the License will continue to be functional.
4. Restrictions
4.1. The User is not authorized to change or interfere with PoolControl in any way beyond the
legal minimum scope under Belgian law and to associate PoolControl with other parts.
4.2. The User is not entitled to change, associate with other parts or interfere with PoolControl in
any way if the law of another state is applied to this Agreement unless this possibility is expressly
permitted to the User by that other legal order and at the same time another legal order does not
allow to exclude or restrict this possibility.
4.3. This Agreement does do provide the service of the User’s direct connection through the User
account to PoolControl controlled device through COVREX’s web interface (hereinafter referred to as
the „ancillary service“). However, COVREX may provide the ancillary service to the User.
4.4. The User agrees that if the ancillary service is provided by COVREX, it is not guaranteed its
functionality and may be terminated or charged at any time and/or included in a new license under
the Article 2 (2.7) hereinabove.
4.5. COVREX is not responsible for the functionality of the ancillary service, in particular due to the
necessity of a permanent online connection of the device controlled by PoolControl to the internet
with sufficient speed and capacity for which the User is solely responsible and the User agrees to use
the ancillary service solely at his/her own risk and responsibility.
5. Limitation of liability for damages
5.1. Unless otherwise provided by the law, COVREX is liable for any damage caused by the use of
PoolControl and/or ancillary service only up to the amount of remuneration paid for the License,
except for the exclusion of liability set forth in this Agreement.
5.2. In relation to the use of PoolControl and/or ancillary service by the User, COVREX has no
liability for the damage of the device controlled by PoolControl and/or damage to health and
property including environmental damage resulting from the use of the device controlled by
PoolControl.
5.3. The User is obliged to comply with all applicable legislation, relevant safety instructions and
general safety principles and prior any use of PoolControl and/or ancillary service to always verify
whether the controlled device and its functionality are in compliance with the applicable legislation,
relevant safety instructions and general safety principles and whether the use of controlled
equipment does not endanger personal and property safety.
5.4. When changing the basic settings of individual functions of PoolControl by the User, COVREX
bears no liability for any possible damage.
5.5. COVREX will not be liable for any violations of these Agreement due to circumstances which
are caused by force majeure or any circumstances reasonably out of its control.
6. Legal Order and Jurisdiction
6.1. Unless otherwise provided by law, this Agreement and terms of the License shall be governed
by the Belgian laws. All disputed arising from this Agreement shall be settled by Belgian courts with
territorial jurisdiction over the COVREX’s registered office.
6.2. This Agreement is subject to the limitations of the terms of App Store service. In the event of
a lack of conformity between this Agreement and contractual terms of App Store service, the
conditions of App Store service shall prevail unless the App Store terms of service exclude it.
6.3. This Agreement is valid and effective at the time of purchase of PoolControl at App Store.