Last updated: 07.06.2021
Please read this End-User License Agreement. („Agreement”) carefully before checking the checkbox, downloading or using Dia.lv („Application”).
By checking the checkbox, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not check the checkbox and do not download or use the Application.
In order to provide our services (as defined below) through our Application, we need to obtain your agreement to our Agreement.
1.1. In this EULA:
“App store Terms and Conditions” means The Terms and Conditions of the app store that might place any additional rights and/or obligations to the Licensee, regarding Application
“EULA” means This End User License Agreement, including any changes and additions that might be added over time.
"Licensor" means SIA Catsy Cat studio, a company incorporated in Latvia (registration number 42103065963), having its registered office at Liepāja, Franču iela 3, LV-3401.
“Licensee” means the person to whom the Licensor grants a right to use the Software under this EULA.
“Documentation” means the documentation for the Software produced by the Licensor and made available by the Licensor to the Licensee, as may be amended by the Provider from time to time;
“Software” means the Dia.lv mobile applications, desktop applications and web pages.
“Source code” means the Software code in human-readable form or any part of the software code in human-readable form, including code compiled to create the Software or decompiled from the Software, but excluding interpreted code composed in the Software.
“Term” means term of this EULA, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2;
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
"Effective Date" means the date upon which the User gives the User's express consent to this EULA, following the issue of this EULA by the Licensor;
2.1 This EULA shall come into force upon the Effective Date.
2.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 12 or any other provision of this EULA.
3.1 The Licensor hereby grants to the Licensee from the date of supply of the Software to the Licensee until the end of the Term a worldwide, non-exclusive, non-transferable licence to:
(a) install the Software;
(b) use the Software in accordance with the Documentation
3.2 The Licensee may not sub-licence and must not purport to sub-licence any rights granted under Clause 3.1.
3.3 Save to the extent expressly permitted by this EULA or required by applicable law on a non-excludable basis, any licence granted under this Clause 3 shall be subject to the following prohibitions:
(a) the Licensee must not sell, resell, rent, lease, loan, supply, publish, distribute or redistribute the Software;
(b) the Licensee must not alter, edit or adapt the Software; and
(c) the Licensee must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Software.
4. Source code
4.1 Nothing in this EULA shall give to the Licensee or any other person any right to access or use the Source Code or constitute any licence of the Source Code.
5. No assignment of Intellectual Property Rights
5.1 Nothing in this EULA shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the Licensee, or from the Licensee to the Licensor.
6.1 The Licensor warrants to the Licensee that it has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement.
6.2 The Licensor warrants to the Licensee that the Software, when used by the Licensee in accordance with this Agreement, will not breach any laws, statutes or regulations applicable under Latvian law.
7. Acknowledgements and warranty limitations
7.1 The Licensee acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be wholly free from defects, errors and bugs.
7.2 The Licensee acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be entirely secure.
9.1 The Licensee shall pay the Charges to the Licensor in accordance with this EULA.
10.1 The Licensor shall issue receipts for the Charges to the Licensee on completion of payment.
10.2 The Licensee must pay the Charges to the Licensor in advance.
10.3 The Licensee must pay the Charges by any method provided by the Licensor (using such payment details as are notified by the Licensor to the Licensee from time to time).
11. Limitations and exclusions of liability
11.1 Nothing in this Agreement will:
(a) limit or exclude any liability for fraud or fraudulent misrepresentation;
(b) limit any liabilities in any way that is not permitted under applicable law; or
(c) exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Clause 9 and elsewhere in this Agreement:
(a) are subject to Clause 11.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
11.3 The Licensor shall not be liable to the Licensee in respect of any loss of profits or anticipated savings.
11.4 The Licensor shall not be liable to the Licensee in respect of any loss of revenue or income.
11.5 The Licensor shall not be liable to the Licensee in respect of any loss of use or production.
11.6 The Licensor shall not be liable to the Licensee in respect of any loss of business, contracts or opportunities.
11.7 The Licensor shall not be liable to the Licensee in respect of any loss or corruption of any data, database or software.
11.8 The Licensor shall not be liable to the Licensee in respect of any special, indirect or consequential loss or damage.
12.1 Either party may terminate this EULA immediately by giving written notice of termination to the other party if:
(a) the other party commits any breach of this EULA, and the breach is not remediable; or
(b) the other party persistently breaches this EULA (irrespective of whether such breaches collectively constitute a material breach).
12.2 Either party may terminate this EULA immediately by giving written notice of termination to the other party if:
(a) the other party:
(i) is dissolved;
(ii) ceases to conduct all (or substantially all) of its business;
(iii) is or becomes unable to pay its debts as they fall due;
(iv) is or becomes insolvent or is declared insolvent; or
(v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
(b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
(c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up; or
(d) if that other party is an individual:
(i) that other party dies;
(ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
(iii) that other party is the subject of a bankruptcy petition or order.
13. Effects of termination
13.1 Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 3.1, 8, 9, 11, 12 and 13.
13.2 Except to the extent that this EULA expressly provides otherwise, the termination of this EULA shall not affect the accrued rights of either party.
13.3 For the avoidance of doubt, the licences of the Software in this EULA shall terminate upon the termination of this EULA; and, accordingly, the Licensee must immediately cease to use the Software upon the termination of this EULA
14.1 No breach of any provision of this Agreement shall be waived except with the express written consent of the party not in breach.
14.2 If any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
14.3 This Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party.
14.4 Subject to Clause 11.1, this Agreement shall constitute the entire agreement between the parties in relation to the subject matter of this Agreement, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
14.5 This Agreement shall be governed by and construed in accordance with Latvian law.
14.6 The courts of Latvia shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
15.1 The Clause headings do not affect the interpretation of this EULA.
15.2 In this EULA, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.