2.2 The User may not provide the App and the associated content to third parties, and may not sell, lease, decompile, reverse engineer or modify the App and the associated content without prior written permission from KPMG. Neither may the User circumvent or remove technological measures intended to protect the App.
2.3 KPMG has at all times the right to modify the App, to modify or remove information, data, or other content, to refuse the User the use of the App by terminating the license, to restrict the use of the App or to refuse access to the App whole or in part, temporarily or permanently.
3 Use of the App
3.1 The use of the App is at the User’s own expense and risk. KPMG will exert itself to the best of its abilities to provide accurate and timely information. KPMG can however provide no guarantee that such information will still be accurate on the day on which it is received or that it will remain accurate in future. KPMG therefore advises users not to take decisions on the basis of this information, except on the grounds of recommendations from experts, following a thorough investigation of the relevant situation.
3.2 It is not allowed to use the App for commercial purposes.
3.3 In order to use the App, the User must provide at his own expense for the necessary equipment, system software and (Internet) connection.
4 Intellectual Property Rights
4.1 All intellectual property rights and/or similar rights in relation to the App and its contents are based solely and exclusively at KPMG, or its licensors, or by the administrator of the App.
4.2 The User shall at all times take into account the good name and reputation of KPMG and to all the affiliated Member Firms, and will always observe and ensure that their use of the App in no way inflicts any damage to the rights and/or the reputation of KPMG and the affiliated Member Firms.
5 Liability and Indemnification
5.1 KPMG will not be liable, on any grounds whatsoever, for damage or injury arising and/or relating to the use of the App or its content.
5.2 The information, data, guidelines and other content in the App is compiled with care. KPMG cannot guarantee that the information, data, guidelines and other content in the App including texts taken from public sources- are accurate, current and complete. The User accepts that access to the use of the App as well as using the information provided in the App, data, guidelines and other content is solely at the own risk of the User. KPMG will not be liable, on any grounds whatsoever, for damages arising and/or related to the information, data, guidelines and other content in the App.
5.3 KPMG cannot guarantee that the App contains no interruptions, viruses, errors or defects. KPMG will not be liable, on any grounds whatsoever, for damages arising and/or relating to such interruptions, viruses, errors or defects.
5.4 The User hereby indemnifies KPMG and holds KPMG harmless from and against any potential claims by third parties resulting from the use of the App or its content. The User will reimburse KPMG all damages and expenses (including but not limited to (extra) judicial costs) suffered by KPMG as a result of such claims.
6.1 The User may terminate the use of the App at any time by removing the App from their mobile device or by uninstalling the App.
6.2 KPMG can (unannounced) make the App temporarily or permanently unavailable to User(s) or discontinue the App, without the User(s) deriving any rights.
7 Applicable Law, Dispute Resolution
7.2 All disputes arising out of or relating to the use of the App fall under the exclusive jurisdiction of the competent Dutch court.