Mobile Device Regulations

(English translation*)

Additional Mobile End User License Terms

If you are using LastDraw from a mobile device through a LastDraw Mobile app (the “App”), the following terms of use apply in addition to the Terms and Conditions. By using the app, you agree to these terms of use.

Use of the app. 

LastDraw grants you the right to use the app only for personal purposes. When using the app, you must comply with all applicable laws and contract terms and conditions of third parties (e.g. your mobile phone contract). The functionality of the app may be limited compared to the functionality of the LastDraw.com website.

Industrial property rights - apps. 

LastDraw is the owner or licensee of all rights, titles and interests of its apps, including all patent rights, trademarks, copyrights, trade secret or competition rights and all other industrial property rights, including all applications, extensions and restorations of these rights.

You are not permitted to change, adapt, translate, decompile, disassemble, derive or reverse engineer the source code of any of the apps. You are prohibited from removing, obscuring, or otherwise removing any LastDraw industrial property rights that are attached to a LastDraw app, contained in a LastDraw app, or referred to in connection with or through a LastDraw- App is referenced to influence.

Additional Requirements

Additional terms that may apply depending on the mobile device on which the app is installed:

iOS - Apple

1. The following Terms of Use are an agreement between you and LastDraw, and not between you and Apple. Apple is not responsible for the app and its content.
2. LastDraw grants you the right to use the app on an iOS product that you own or use in accordance with the terms of use set out in the terms of use of the App Store.
3. Apple is in no way obliged to provide maintenance and support services for the app.
4. Apple is not responsible for investigating, defending, clarifying, and indemnifying claims that result from infringement of third party industrial property rights.
5. Apple is not responsible for handling any claims made by you or any third party in relation to the App or your possession and / or use of the App, including, but not limited to: (a) product liability claims, (b) claims arising out of failure of the app to comply with applicable legal or regulatory requirements and (c) claims arising from consumer or similar rights.
6. If the app does not meet the requirements of the applicable law, you can notify Apple and Apple will refund the purchase price for the app, if applicable. Beyond that, Apple has no further warranty obligations with regard to the app, insofar as this is permitted under applicable law.
7. Apple and Apple affiliates are third party beneficiaries of these Terms of Use, and your consent to your consent gives Apple, as a third party beneficiary, the right to enforce these Terms of Use against you.

Windows - Microsoft

1. The following Terms of Use are an agreement between you and LastDraw, not between you and Microsoft. The Microsoft Terms of Use and Privacy Policy, and, if applicable, the carriers that provide Windows Phone Marketplace billing services, do not apply to your use of the app.
2. You can install and use one (1) copy of the App on up to five (5) devices that you personally own or use and that are associated with the Windows Live ID associated with your Windows Phone Marketplace account. You are not permitted to install or use a copy of the app on a device that you do not own or use.
3. Microsoft, your device manufacturer, and (if applicable) your wireless service provider are not responsible for supporting the app.
4. Microsoft, the wireless service provider over whose network the App is distributed (if applicable), and all of its subsidiaries and suppliers (collectively the "Distributor") make no express warranties or conditions under or in relation to the App. The non-liable dealers exclude all implied warranties or conditions, including those relating to merchantability, usability and integrity, insofar as this is permitted by the relevant laws and regulations.
5. The risk of using the app does not lie with the distributor, but with you (even if the distributor has been advised of the possibility of damage to you). Your local laws may give you additional consumer rights that these Terms of Use cannot change.
6. Unless this is legally inadmissible, you will not attempt to assert claims for damages from one of the non-liable dealers due to consequential damage, damage from lost profits, special, indirect or accidental damage.

*This translation is provided for the Customer’s convenience only. The German language version, not the translation shall be legally binding on the Parties. The German language version and not its translation(s) will govern in the event of a conflict between the German language version and a translation.