This End User License Agreement is between Inteliza, Inc. (“Inteliza”,“N1TE”, “Application”, “Developer”, “we,” and “us”) and between End-User (“you”), and not Apple or Google. Inteliza, Inc. is solely responsible for N1TE and the content thereof. Maintenance and support services for operating N1TE are provided by Inteliza, Inc., and Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to N1TE. You and N1te acknowledge and agree that Apple and Google and their subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
or visit n1teapp.com/privacy
or visit n1teapp.com/privacy
2. Scope of License
License granted to the End-User for N1TE is limited to a non-transferable license to use N1TE on any iPhone, iPad or iPod touch that the you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. You may use your premium services on any devices if you provide an e-mail address in N1TE on the device you made the purchase with, and then you use that e-mail on another device to redeem (transfer) the service.
3. Reporting objectionalbe content or abusive users
There is no tolerance for objectionable content or abusive users under this Service, this is why we have included a “Report” and a “Hide & Block” functionality. Should you not choose to use these features, you may contact us here to report unwanted user activity. Since we’re handling you anonymously, please add your e-mail address when making a purchase, and refer to this e-mail address so that we can find you, if you receive abusive activity. Contact information:
400 E Atlantic Blvd. Suite 20
Pompano Beach, FL 33060
4. Eligibility and Legal Compliance
You must be at least 18 years of age to create an account in N1TE and use the Service. By creating an account and using the Service, you represent and warrant that:
- you can form a binding contract with N1TE
- you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country,
- you are not listed on any U.S. Government list of prohibited or restricted parties,
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
- you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
5. Details of Service
For better understanding how N1TE works, please go though this overview of N1TE’s functions:
- Anonymous, you only need to provide a selfie and your gender.
- Today Selfie: you need to take a proflie selfie in every 24 hours, so that you find each other more easily. You can replace this image sooner. 24 hours are counted from the last upload. Your avatar image is deleted when you choose to Log Out.
- N1TE brings up results (people) in its Search page that match the search criteria and are within range (currently 1km).
- The user that is being “liked” will see who liked them and will also receive a Push Notification.
- You may send a “like” on a Free Day, in a Free Zone, or if you have a valid Premium Membership.
- To “like back” (which results in a Match) is free for the other user.
- Love Compass: you are only able to find the other user in case of mutual like (Match)
- When a Matched couple are close to each other (appr. 50 meters) the Chat functionality will appear to help you find the other.
- You still need to be online to register, and sign in once a day, as well as to send information to our servers, such as to report unwanted usage or content.
- N1TE sends Push Notifications in the following cases: Like, Match, Poke, Whatsup, Incognito auto turnoff, when Free Zones are close to you, and when your content or behavior is being reported.
- White compass or circle: I Liked the user
- Blue compass or circle: the user Liked me
- Red compass or circle: we have a Match
Objectionable content and abusive users
- When in the search view, pull the user’s image to the side (off the screen) to bring up an extra menu
- When in the profile view (Love Compass), use the hand icon, to bring up the same menu
- You may see three functions, the first is Unlike, in case you liked this user before – you can revoke your Like
- Hide & Block removes the user from your search results, as well as removes you from theirs, and mutes all further interactions between you.
- Reoport sends a report to us about the content (profile image), and we’ll send a warning at half the treshold, and automatically delete the content at that certain treshold.
- If you change to another device, or log out or delete the app, and start to use the app again, or your subscription expires and you don’t use the app for a while, meaning: if your user data are deleted, then all such hides, blocks, reports, likes and matches will be deleted.
- What we store about you: your gender, 1 current selfie image, GPS location, matches and likes, blocks, last time of activity, and (optional) email if provided.
- We never give out exact location, we only use it to show direction and distance, and to build up the search results.
- N1TE cannot identify you and doesn’t want to.
- You can choose to Log Out at any time using the upper right Power icon on the main screen. In this case, we’ll delete your known location and gender preference and last selfie image – all data that we consider personal. We may still store your Advertising ID if you had a subscription, so that we can still grant you your paid service if you would return.
- When in a Free Zone, the operator of the zone, venue or club does not see your data.
- Love Compass only works when you have a Match.
- The Match is deleted if any party decides to Unlike.
- When you Like someone, we’ll send a Push Notification to them.
- Search only shows results within range (currently 1km) and people that match your gender preferenc, and if you match theirs.
- If you leave an area, people will disappear from your list (including Matched ones), and they will only reappear if you Match again.
- When in Incognito, users will only see a covered image and the diamond representing Lifetime Membership, nothing else, except if you already had a Match.
- When in Incognito, you can override our Push Notifications’ texts and set to a fictional text you provide.
- A Local Network (mesh network) is built up with users within appr. 50 meters when N1TE is open on their (and your) screen.
- The Local Chat is available within appr. 50 meters on a peer-to-peer basis.
- Local Chat content does not go through our servers, and thus we do not keep a log of them.
- Local Chat content are deleted when closing the app or when 2 hours have passed.
- Shop payments are handled as Apple In-App-Purchases (IAP), N1TE does not ask for and does not store any payment information or bank card details.
- N1TE provides Free Days twice a week, and some Free Zones. On all other days you need to optin a Premium Membership to use Like or Incognito. Our Membership types: 1 day, 1 month, 3 months and Elite Club (App Life Time, meaning your membership lasts as long as the app service is live and available in the stores).
- N1TE provides two Free Days on certain days of the week, which days can change time to time.
- N1TE is free in Free Zones during the promotions. N1TE will know when you’re in a Free Zone.
- Your Premium Membership is valid from the date/time when Apple gets back to us with a transaction ID of your In-App-Purchase.
- You can use your Premium Membership on any device you would like. In order to change device, you need to provide an e-mail address when completing the purchase. When you start to use N1TE on another device, you can claim your membership by providing us that e-mail address – we’ll send an e-mail with any active memberships to that e-mail, and if you click on the link in the e-mail, that membership will be transferred to the device from where you started the restoration process.
- If you choose not to provide an e-mail address, we will not be able to track you on another device. Also if you delete the app, or reinstall iOS, you will receive a new Advertising ID and we won’t be able to track you. So if you purchase anything over a 1 day membership, we advise you to provide a valid e-mail.
- You can also send Whatsup push messages, as 1, or in 10 piece batches. These also invoke an In-App-Purchase process.
- Our Elite Club (App Life Time) membership holders are listed on top of the search lists, if Matched, then first of the Matches, if not Matches, then fist after the users the other user has Matched with.
- Incognito: you are hidden from search list and receive custom text instead our Push Notifications. Premium Membership holders can turn Incognito on and off. When your Premium Membership expires, your Incognito mode will be turned off. You will be notified by this event in a Push Notification. When in Incognito, your profile image is hidden from those you did not Match with and you’ll receive a custom set text in each Push Notification instead of our text.
- Settings: this screen includes the Shop, the search for Free Zones, and Restore Membership function. You can also enter Invitation Codes here, if you’ve been invited by another user, which will allow you to get some premium days for free.
- Free Zone: a location for which we have set a diameter, within which you can use N1TE as if you had a Premium Membership.
- Search Range: a treshold range from the user’s location, in which we display other users (currently 1km).
- Like: when a user finds another user attractive. The other party will see this (when a button is pressed) and will be notified in Push Notification, if not active.
- Whatsup: you can Whatsup a user that you have liked, not more frequently than 5 minutes each. A Whatsup credit requires an In-App-Purchase, even for Premium Members or in Free Zones.
- Match: when two users both Liked each other. When you have a Match, you will see the other user’s direction and distance on Love Compass and can use Chat when your Local Network connection builds up (appr. within 50 meters).
- Poke: similar to Whatsup, you can use this for free once in every 2 hours to notify a Matched (!) user about your availability and your wish to have their location refreshed so that you can meet.
- Love Compass: this is the profile view of another user, once you have Matched. Using the Compass you can tract the approximate location of the other user, up until any of you would decide to Unmatch.
- When you’re close and a Local Network builds up, the Compass will turn into a fixed red circle.
- When you’re close and a Local Network builds up, you can use Chat which you can find in the upper right corner of the Love Compass.
- The Bluetooth distance measuring only works if Bluetooth is enabled and supports BTLE.
- Logout: the Power icon in the upper right corner of the Main Screen. When you log out, we only keep business-related data (especially an ID and the end date of your Premium Membership), and intend to DELETE all fields containing sensitive information, such as your gender, your gender preference, your last GPS location (or any GPS location we knew) and even the date and time when we have last known your location.
6. Safety; Your Interactions with Other Users.
Though N1TE strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT N1TE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. N1TE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. N1TE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
7. Rights you Grant N1TE.
By creating an account, you grant to N1TE a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other N1TE users).
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to N1TE above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for N1TE allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to N1TE regarding our Services, you agree that N1TE may use and share such feedback for any purpose without compensating you.
You agree that N1TE may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
8. Community Rules.
By using the Services, you agree that you will not:
- use the Service for any purpose that is illegal or prohibited by this Agreement.
spam, solicit money from or defraud any users.
- impersonate any person or entity or post any images of another person without his or her permission.
bully, “stalk,” intimidate, harass or defame any person.
- post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
- use another user’s account.
- create another account if we have already terminated your account, unless you have our permission.
N1TE reserves the right to investigate and/ or terminate your account without a refund of any in app purchases if you have misused the Service or behaved in a way that N1TE regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
9. Other Users’ Content.
Although N1TE reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and N1TE cannot guarantee that all Content will comply with this Agreement. If you see Content on the Services that violates this Agreement, please report it within the Services or via email@example.com.
10. In App Purchases, Warranty and Product Claims
From time to time, N1TE may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorized by N1TE (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live.
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
Inteliza, Inc. is solely responsible for any product warranties, as implied by law, and to that extent only. In the event of any failure of N1TE, you may notify Apple, and Apple will refund the purchase price for N1TE in-app purchase to you (see below) in compliance with the maximum extent permitted by applicable law. Apple or Google will have no other warranty obligation whatsoever with respect to N1TE, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Inteliza, Inc.
Inteliza, Inc. (not Apple or Google) is responsible for addressing any claims of the End-User or any third party relating to N1TE or the End-User’s possession and/or use of N1TE, including, but not limited to: (i) product liability claims; (ii) any claim that N1TE fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Generally, all charges for in app purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For N1TE subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
For N1TE subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel this Agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this Agreement, excluding Sundays and holidays. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of N1TE) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
11. Notice and Procedure for Making Claims of Copyright Infringement
In the event of any third party claim that N1TE or the end-user’s possession and use of N1TE infringes a third party’s intellectual property rights, N1TE (not Apple or Google) is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. If you believe that your work has been copied and posted on in N1TE in a way that constitutes copyright infringement, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located in N1TE (and such description must be reasonably sufficient to enable us to find the alleged infringing material – your user email, and time and GPS location of where you saw your work);
- your contact information, including address, telephone number and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to us at firstname.lastname@example.org or the following address: Inteliza, Inc., 400 E Atlantic Blvd. Suite 20, Pompano Beach, FL 33060. N1TE will terminate the accounts of repeat infringers.
N1TE PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. N1TE DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.
N1TE TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
13. Third Party Services.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. N1TE is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. N1TE is not responsible or liable for such third parties’ terms or actions.
14. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL N1TE, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF N1TE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL N1TE’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO N1TE FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
15. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless N1TE, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of this Agreement.
16. Entire Agreement; Other.
17. How to Contact Us
If for any reason you would need to contact us, please do by email or postal mail as follows:
400 E Atlantic Blvd. Suite 20
Pompano Beach, FL 33060
18. Underdark License
N1Te is using mesh networking by http://underdark.io – Underdark is used to communicate offline over BT. You should agree to Underdark License contents when agreeing to N1TE Terms.
[Start of Underdark License]
Version 1.0, January 2016
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
“License” shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
“Licensor” shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.
“Legal Entity” shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
“control” means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
“You” (or “Your”) shall mean an individual or Legal Entity
exercising permissions granted by this License.
“Source” form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
“Object” form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
“Work” shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
“Derivative Works” shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
“Contribution” shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, “submitted”
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as “Not a Contribution.”
“Contributor” shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
“Architect” shall mean Vladimir L. Shabanov <email@example.com>
or individual or Legal Entity who received written permission
from Vladimir L. Shabanov to act as Architect.
2. Grant of Copyright License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
publicly display, publicly perform, sublicense, and distribute the
Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work,
where such license applies only to those patent claims licensable
by such Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their Contribution(s)
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work
or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the
Work or Derivative Works thereof in any medium, with or without
modifications, and in Source or Object form, provided that You
meet the following conditions:
(a) You must give any other recipients of the Work or
Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work,
excluding those notices that do not pertain to any part of
the Derivative Works; and
(d) If You distribute or publish the Work or Derivative Works
in one or more software application stores, including
but not limited to Apple App Store and/or Google Play Store,
You must include in its store application description
on store’s application page the following line (without quotes):
“Mesh networking by http://underdark.io”
(e) If You distribute or publish the Work or Derivative Works
via website, You must include in its description on website
the following line (without quotes):
“Mesh networking by http://underdark.io”
(f) You can be exempted from conditions (d) and (e) via written
permission from the Architect; and
(g) If the Work includes a “NOTICE” text file as part of its
distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one
of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or
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within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents
of the NOTICE file are for informational purposes only and
do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside
or as an addendum to the NOTICE text from the Work, provided
that such additional attribution notices cannot be construed
as modifying the License.
You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an “AS IS” BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
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