Service-WESTMOON GROUP LIMITED

Please read the present terms of use (hereinafter called “EULA”) carefully before you install and use the software as well as any possibly supplied additional programs or material forming part thereof and/or documentation in electronic or online-format (hereinafter collectively referred to as WESTMOON-APP).

By downloading WESTMOON-APP from a service such as e.g. Google Play or from the App-Store and then installing, copying or otherwise using it on your mobile Smartphone / tablet PC you agree with the provisions of the EULA and undertake to use WESTMOON-APP only as described herein.

This EULA establishes no rights and obligations for the respective service, such as e.g. for Google Play of for App-Store, who is not party to the agreement, in particular not with regard to warranty, liability, maintenance and services.

If you install WESTMOON-APP as an administrator or as another employee of an enterprise authorized to install and if you subsequently make WESTMOON APP available to users you also agree with the EULA and undertake to use WESTMOON-APP only as described herein.

If however you refuse the terms of this EULA you are not entitled to download, install and use WESTMOON-APP in any manner.

1. General

WESTMOON APP is provided to you for use (hereinafter called “User”) by WESTMOON GROUP LIMITED, (hereinafter called “Licensor” according to the terms of this EULA.

All rights not expressly granted by this EULA remain reserved.

2. Application purpose

WESTMOON –APP is designed to effect an exchange of data and communication with the products of the Licensor, which makes it possible to operate and remote-control the products of the Licensor, e.g. the setting of positions respectively altering head-, back-, leg- and/or foot sections via the WESTMOON-APP. Also other functions of the products of the Licensor, as far as they are included in the product of the Licensor as equipment, can be controlled via WESTMOON-APP. Any other use of WESTMOON-APP different from the one described above is not in line with the intended use and is not allowed.

3. License

3.1 The Licensor grants the User of WESTMOON-APP a non-exclusive right free of costs to install and use WESTMOON-APP on a mobile Smartphone/tablet PC supported by WESTMOON-APP, of which the User is the owner or which he has the right to legally dispose of, as far as the terms of use of the service, as e.g. Google Play or App-Store are not contrary thereto.

3.2 The User is not entitled to transfer respectively assign or sell the rights and duties conferred upon him by the license to third parties as well as to grant sub-licenses.

3.3 Furthermore the User is not allowed to distribute WESTMOON-APP, to make it available to third parties (except for the extent allowed by a service, such as e.g. Google Play or App-Store according to the terms of use), to lend, to rent or to lease it or to distribute it in any other manner.

3.4 The obligations of the items 3.2 and 3.3 shall not apply, if the User sells, lends, rents or leases the product of the Licensor required in connection with WESTMOON-APP to third parties.

3.5 Furthermore the User shall not be allowed to decompile, reverse engineer, disassemble, translate, integrate, adopt and attempt to transform the software in a modified form or to create a derived version of WESTMOON-APP neither as a whole nor in parts.

3.6 Finally the User shall not be allowed to copy WESTMOON-APP or parts thereof unless such copying is made for the purpose of preparing a backup copy and the device on which such backup copy is saved is the property of the User or he has the right to legally dispose of the device. The User is obliged to safeguard that unauthorized third parties never have access to such copies.

3.7 The Licensor will take legal action against the violation of the above duties and/or any attempt of such violation and reserves the right to assert claims for damages in such cases.

3.8 This EULA also applies to potential up-dates, which the Licensor provides for application as additional or replacing offer, as far as such update is not subject to an independent license agreement.

3.9 The Licensor reserves the right to amend the above terms.

4. Technical preconditions

4.1 WESTMOON-APP was developed for use on a Smartphone / tablet PC and is offered for download by a service, such as e.g. Google Play or App-Store. Furthermore WESTMOON-APP requires an appropriate operating system version. With regard to Android an operating system 2.1 or higher is appropriate. A current operating system version is recommended.

Although the Licensor tries to adjust the WESTMOON-APP to changed operating system versions and to make WESTMOON-APP available on such terminal equipment, the User has no right to demand to such update.

4.2 The User personally is responsible to check and safeguard that the mobile terminal equipment intended by him for installation is appropriate with regard to the technical preconditions mentioned above.

4.3 The Licensor reserves the right to adjust the technical preconditions at any time in his own discretion.

5. The User’s obligations for safety regarding possible software conflicts

Before the User installs WESTMOON APP he shall due to his obligations for safety check whether such installation could lead to conflicts with any software already being installed. Furthermore the User shall safeguard that he is provided with a backup copy of all his data. While WESTMOON-APP is used further backup copies should be made and all additional protective measures should be taken which are reasonable in order to avoid any possible software errors.

6. Warranty

6.1 The Licensor warrants that WESTMOON-APP developed by the Licensor – at the time it is made available for the download platform, for a data carrier or for data transmission, such as e.g. for Google Play or App-Store, – is free from viruses, Trojans, spyware or any other malware. Furthermore the Licensor warrants that WESTMOON-APP in all essential points reacts according to the user documentation, if it is executable on the terminal equipment, has not been altered and has not been installed with incompatible additionally installed software from external sources on the terminal equipment or no other circumstances in the sphere of the User impair the operability.

The User shall inspect WESTMOON-APP immediately after installation and shall inform on defects immediately via e-mail or letter sent to the contact data as provided in item 9. Claims due to evident defects may be asserted only if the Licensor is notified thereof within 14 days after the User has become aware of the defect. In order to adhere to the time-limit timely dispatch shall be sufficient.

6.2 If WESTMOON-APP proves to be defective the Licensor gets the opportunity to remedy the defect – depending on the nature of the defect and on the other circumstances also repeatedly – through subsequent performance by repair or compensation delivery.

6.3 The Licensor is not liable for defects or disturbances, resulting from unauthorized modifications of WESTMOON-APP, from culpable or improper handling, from using inappropriate soft- or hardware, or from being used with inappropriate accessories by the User or third parties.

Claims for damages due to defects of WESTMOON-APP can only be asserted under the terms of item 7.

6.4 Claims due to defects become time-barred after 12 months after the release of WESTMOON-APP, if the Licensee is an entrepreneur. Towards the consumer the statutory provisions apply as regards limitation.

7. Liability

7.1 Liability of the Licensor, its legal representatives and agents for damage to property and assets for neglect of duty and tort is restricted to wilful acts and gross negligence. In case of violation of substantial contractual obligations (so-called “cardinal obligations”) the Licensor is also liable for simple negligence. In any case liability is restricted to foreseeable contract-typical damage.

7.2 The Licensee undertakes to comply with normal use of the software and to apply the software respectively have the software applied in a manner that use of the software does not lead to hazards to equipment and life.

7.3 In order to avoid loss of data the Licensee should make use of the function for backup copies as far as this does not contradict any other applicable utilization schemes.

7.4 The Licensor does not assume any responsibility or liability for damage resulting from non-use of data backup prior to the installation of the software or from damage to property and persons due to incorrect use.

8. Confirmation regarding the non-existence of export restrictions

The User confirms and assures that he is not resident or located in a country under embargo of the US government or which was classified by the US government as a country “supporting terrorism” or which is entered in a list of the US government regarding export bans or restrictions.

9. Contact details

For questions, complaints or claims in connection with WESTMOON-APP please contact the following address. 113 Barksdale Professional

Center,Newark,DE 19711 Email add:kbw.westmoon@gmail.com

10. Approval of data processing

The User agrees that technical data and information, such as e.g. technical information regarding terminal equipment, operating system and user software are collected, saved and used by the Licensor for the purpose of facilitating the provision of updates, support services and other services (as far as required) in connection with WESTMOON-APP. The Licensor is authorized to save and use these data in non-person-related or non-personal form for improvement of its products.

11. Duration, termination

This EULA remains in effect as long as it is not cancelled by a party to this agreement. If the User does not comply with the conditions of this EULA his rights end automatically and without further notice by the Licensor. Upon termination of this EULA the User is obliged to immediately stop the use of the application and to destroy all his copies of WESTMOON-APP or of parts of WESTMOON-APP. After uninstalling of the software respectively of WESTMOON-APP or after deleting all data respectively backup copies this EULA ends automatically.

12. Protection of copyright

12.1 WESTMOON-APP is protected by copyright.

12.2 The Licensor does not assume any guarantee for copyright protectability of the licensed WESTMOON-APP or parts thereof.

13. Severability clause

Should any provision of this agreement be or become ineffective or should the agreement contain any loopholes the effectiveness of the other provisions shall not be affected thereby. Instead of the ineffective provision an effective provision shall be deemed as agreed which economically comes as close as possible to the one intended by the parties; this shall also apply in case of any loophole.

14. Amendments of the agreement

Any amendment of this agreement shall be in writing in order to be effective, no supplementary agreements were made to this agreement.