OPTAPAD APP END USER LICENSE AGREEMENT
Last updated 23 February 2016
PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”) BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE APPLICATION (“APP”) PROVIDED BY PT PHOTOTECHNICS AG ( “LICENSOR”). THIS IS A LEGAL AGREEMENT BETWEEN LICENSOR AND YOU. THIS EULA AND ANY SUPPLEMENTING TERMS MADE AVAILABLE AT www.optapad.com ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY THE “TERMS”) AND GOVERN YOUR ACCESS TO AND USE OF THE APP.
BY DOWNLOADING, INSTALLING OR USING THE APP YOU ACKNOWLEDGE AND AGREE THAT:
1. your use of the App with your computer device is solely at your own risk;
3. the App is licensed, not sold to you and you may use the App only as set forth in this EULA;
4. as set forth in this EULA, the App is provided “as is”; and
5. if you are using the App on an iOS product, you agree to and acknowledge the “Notice Regarding Apple,” below.
IF YOU DO NOT AGREE TO BE BOUND BY ABOVE TERMS (AS DESCRIBED IN FURTHER DETAIL BELOW) YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APP.
MODIFICATION OF THE EULA. Licensor reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If Licensor materially modifies this EULA it will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the App or the Service for the first time after such material changes are made. By continuing to use the App after Licensor has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to discontinue the use of and uninstall the App. This Agreement will also govern any software upgrades and/or updates provided by Licensor that upgrade and/or supplement the App, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
LIMITED LICENSE. Conditioned upon your compliance with the terms and conditions of this EULA, Licensor hereby grants to you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to install and use the executable form of the App solely for your personal use on a computer device owned or controlled by you. Licensor reserves all rights in the App not expressly granted to you in this EULA.
COMPUTER DEVICE SETTINGS AND UNINSTALL PROCEDURES. As part of the installation process of the App, you may be changing your computer device settings. By installing the App, you agree you have approved such changes. Such changes may include, without limitation, the following:
Allowing software updates of the App once a new version is released and showing notifications from the App.
Allowing the Licensor access to location-based information.
To uninstall the App, you may use the standard uninstall procedures offered by your computer device’s operating system.
USE RESTRICTIONS. You may not use the App in any manner that could: (i) damage, disable, overburden, or impair the App (or any server or networks connected to the App), or (ii) interfere with any third party’s use and/or enjoyment of the App (or any server or networks connected to the App). Except as expressly specified in this EULA, you may not: (a) copy or modify the App; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the App to any third party; or (c) use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the App, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Licensor and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the App provided in object code or any other Licensor products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
OPEN SOURCE. Any Open Source Software that may be accompanying the App is provided to you under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Software. As used herein “Open Source Software” mean open source software components provided with the App that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the App. This EULA does not apply to any Open Source Software accompanying the App and Licensor hereby disclaims any and all liability to you or any third party related thereto.
RESERVATION OF RIGHTS. The software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code and all other elements of the App (the “Licensor Materials”), are protected by copyright, trade dress, patent, and trademark laws of the European Union and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Licensor Materials, including intellectual property rights therein and thereto, are the property of Licensor or its subsidiaries or affiliated companies and/or third-party licensors. Licensor reserves all rights not expressly granted in this EULA. You shall not acquire any right, title or interest to the Licensor Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this EULA.
TERM AND TERMINATION. This EULA will remain in effect until terminated. The EULA, and your rights and licenses hereunder, will terminate immediately upon your breach of the EULA. You may terminate the EULA by uninstalling and discontinuing your use of the App. Licensor may terminate support of the App and/or this EULA, or limit or terminate your access to the App at any time for any reason. Sections entitled Reservation of Rights, Term and Termination, Warranty Disclaimer and Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination of this EULA.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY. THE APP IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT. LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OR FEATURES AVAILABLE THROUGH THE SERVICE, OR THE QUALITY OR CONSISTENCY OF THE SERVICE.
LIABILITY WAIVER. UNDER NO CIRCUMSTANCES WILL LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE AND ANY INFORMATION AVAILABLE THEREON, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL LICENSOR’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, WHETHER IN CONTRACT OR TORT, EXCEED FIVE EUROS (€5).
INDEMNIFICATION. To the maximum extent permitted by law, you agree to defend, indemnify and hold Licensor and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, liability, costs or expenses (including, but not limited to reasonable attorneys fees) arising from or incurred as a result of your use of the App or any breach by you of this EULA.
MISCELLANEOUS. (a) This EULA and all the policies referenced herein constitute the entire agreement between Licensor and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Licensor. (b) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance. (c) This EULA shall be governed by and interpreted under the laws of the Swiss Federation regardless of your country of origin or where you access the Services, and without regard to its conflicts of laws provisions or the United Nations Convention for the International Sale of Goods. All actions relating to this EULA and the App shall be brought in a court located in the Canton of Zug, Switzerland. (d) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (e) If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof, to be unlawful, void or unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. (f) You may not assign your rights under this EULA to any party without Licensor’s consent.