END USER LICENSE AGREEMENT
This End User License Agreement (the “Agreement”) is a legal agreement between You and Sensotec NV (“Sensotec,”, “Provider,” “we,” “us” or “our”) regarding the OneStep Reader Application (“the App”) which You have chosen to download from the Google Play store; located at https://play.google.com/store.
By installing, downloading, copying or using the App, you agree and understand to be bound by the terms of this Agreement.
This Agreement incorporates by reference the Google Play Store Terms of Service http://play.google.com/intl/en_us/about/play-terms.html (the “Google Play Terms of Service”). Upon valid acceptance of this Agreement, You agree and understand that You are also bound by the Google Play Terms of Service, though the clauses 1 to 22 of this Agreement will prevail, where possible, over the clauses of the Google Play Store Terms of Service.
If You do not agree to the terms of this Agreement, you are not allowed to install, download, copy or use the App.
1. Grant of License.
This license granted to You for the App by the Provider is limited to a limited, terminable non-sublicensable, non-transferable, non-exclusive license to install and use the App on any Android device (“the Mobile Device”) that you own or control solely: (a) for your personal use; and (b) as permitted by this Agreement and the Google Play Terms of Service. This Agreement will also govern any software upgrades provided by us that replace or supplement the original version of the App you download, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.
This license does not allow You to use the App on any Mobile Device that You do not own or control, and You may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App or otherwise commercialize the App or any information or software associated with the App. You may not use the App on a service bureau basis. You may not copy (except as expressly permitted by this Agreement and the Google Play terms of Service), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App). Any attempt to do so is a violation of the rights of the Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages.
The Provider reserves all rights not expressly granted to You.
2. Your representations and warranties.
By using the App, you represent and warrant:
a. Your use of the App and the Services does not violate any applicable law or regulation;
b. You have the right to and are able to enter into this Agreement;
c. You will not impersonate any other person or entity or permit third parties to use Your copy of the App;
d. You will not use the App or the Services to violate our or any other person’s rights including without limitation privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
e. You will not use the App or the Services to distribute content that: (i) is defamatory, damaging, disruptive, unlawful, inappropriate, offensive, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incites, encourages or threatens immediate physical harm against another, including but not limited to, content that promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (3) solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner.
f. You shall comply with all applicable third party agreements when using the Appp, (including without limitation, your wireless service agreement and the Google Play Terms of Service); and
g. You shall not use the App in any manner that could impair any third party site, app or service in any way or interfere with any third party’s use or enjoyment of any site, app or service.
3. Consent to Use of Data.
You agree that the Provider may collect and use technical data and related information, including but not limited to technical information about Your Mobile Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the App. The Provider may use this information to improve its products or to provide services or technologies to You.
The license is effective until terminated by You or the Provider, but even after termination all provisions of this Agreement except clause 1 (Grant of License) will survive and continue in effect. Your rights under this license will terminate automatically without notice from the Provider if You fail to comply with any term(s) of this Agreement. Upon termination of the license, You shall cease all use of the App, and destroy all copies, full or partial, of the App.
5. Services; Third Party Materials.
The App may enable access to Provider’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services.
No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Mobile Device are not available in all languages or in all countries. The Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Provider be liable for the removal of or disabling of access to any such Services. The Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. THE APP IS NOT INTENDED FOR USE IN ANY CASE WHERE THE FAILURE OR INACCURACY OF THE APP COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL, EMOTIONAL OR ENVIRONMENTAL DAMAGE SUCH AS USING THE APP TO READ CRITICAL INSTRUCTIONS RELATING, FOR EXAMPLE, TO THE TAKING OF MEDICINES OR THE SAFE OPERATION OF EQUIPMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE PROVIDER OR ITS LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE PROVIDER OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the Provider’s and the Provider’s Licensors total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. App Management.
We may, but are not required to: (a) monitor or review this App for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any content, submissions, materials or any portion thereof that may violate this Agreement, the law or any of our policies or are excessive in size or burdensome without prior notice to you; and/or (d) manage this App in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of this App.
9. Right to Terminate Users.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THIS APP TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
10. Export Controls.
You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App, You represent and warrant that You are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
11. US Government End-Users.
The App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
12. Provider Rights.
You acknowledge that the App consists of proprietary products of the Provider and its licensors protected under copyright law and trade secret laws of general applicability, as well as other laws. You further acknowledge and agree that all right, title and interest in and to the App are and shall remain the property of the Provider and its licensors. This License does not convey to You an interest in or to the App, but only a limited right of use, revocable in accordance with the terms of this License.
13. Injunctive relief.
We will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.
14. Choice of Law, Jurisdiction and Venue.
You and we agree that any disputes between us shall be resolved under the substantive laws of Belgium (exclusive of its choice of law provisions). The Convention for the International Sale of Goods shall not apply. You and we agree to submit all disputes between us to the exclusive jurisdiction of the courts located in Bruges.
You may not assign your rights under this Agreement to any third party; we may assign your rights under this Agreement without condition.
Should any term of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
17. No Waiver.
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.
All notices given under this Agreement shall be effective on receipt and shall be in writing. This document contains the entire agreement between the parties relating to the matters covered by it, superseding all other communications between the parties. This Agreement may be modified or amended by the Provider with the most current version available on www.sensotec.be/eulaonestepreader .
19. Proprietary rights.
We reserve all intellectual property rights in the App, except for the rights expressly granted to you in this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the App. This license does not grant You any right to use the trademarks, service marks or logos of the Provider or its licensors.
20. Third Party Technology.
Some versions of the App incorporate certain technologies (“Third Party Technologies”) owned by Third Party Companies. Ownership and title of the Third Party Technologies shall at all times remain with the Third Party Companies. All provisions and restrictions of this License shall apply to the Third Party Technologies, and, by accepting this Agreement, you agree to use the Third Party Technologies solely as a component of the App. No Third Party Company shall be responsible for any damages, whether direct, indirect, incidental, special or consequential, arising from use of the Software.
21. Open source software.
The App may contain open source software components, each of which has its own copyright notice requirements and own applicable license conditions. These components are subject to the terms of third party open source licenses, and not the terms of this Agreement. If any such license requires us to deliver the source code for such component to You, we will do so upon request at a nominal fee.
22. Your assignment to the Provider.
If You submit any comments or suggestions to us You hereby assign to use all right, title and interest in and to such comments or suggestions.