1(b) Mobile Software. We may make available software access Artec Services via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Artec Services. Artec does not warrant that the Mobile Software will be compatible with your mobile device. Artec hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that Artec may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Artec or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).
1(c) Mobile Software from Apple App Store. This paragraph 1 (c) is intended to apply to you if you have downloaded the Mobile Software from the Apple App Store. Artec and you acknowledge that this Agreement is concluded between Artec and you only, and not with Apple Inc. (“Apple”), and as between Artec and Apple, Artec, not Apple, is solely responsible for the Software and Artec Services and the content thereof. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the “Mobile Software” is considered the “Licensed Application” as defined in the LAEULA, and “Artec” is considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control.
1(d) This paragraph 1(d) is intended to apply to you if you have downloaded the Mobile Software on a device powered by the Android operating system. Artec and you, the end user of the Mobile Software and Artec Services, acknowledge that the Agreement is entered into by and between Artec and you. Artec is solely responsible for the Software and Artec Services. Should you have downloaded the Software from the Google Android Market you acknowledge that you have reviewed the Android Market Terms of Service (located online at https://www.google.com/mobile/android/market-tos.html) and the Android Market Business and Program Policies (located online at https://play.google.com/about/android-developer-policies.html). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.
2. Limits of Your Use. You must use Artec Services only for a lawful purpose. You must not take any action that may compromise the security of Artec Services, make Artec Services inaccessible to others, or cause damage to Artec Services. All of this, including its organization, selection, and arrangement, as well as various software or programming within or related to Artec Services, belong to Artec. No content from Artec Services may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold or distributed without our prior written consent.
3. No Modification of Artec Services. You must not add to, subtract from, or otherwise modify or edit the code, content, display or any other aspect of Artec Services.
4. Links to Third-Party Websites. We may choose to provide links or references on Artec Services to third-party websites, information or services solely as a convenience to our users (“Reference Sites”). Artec does not endorse any such Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk. We encourage you to be aware of when you leave Artec Services, and to read the terms and conditions and privacy policies of any third-party websites or services that you visit. In addition, your correspondence or business dealings with advertisers found on or through Artec Services are solely between you and such advertiser. Artec will not be liable for the unreliability or inaccuracy of any information obtained through those Reference Sites.
6. Right to Refuse Access/Service. We reserve the right to refuse or limit access to Artec Services in our sole discretion and without notice. This includes the right to block or limit access to Artec Services, or parts of the Artec website, to individuals or groups, for the purpose of preventing or reducing the risk of violation of our terms or the law, or based upon suspected or actual violation, or for any other reason.
7. License to Content. As between you and us, you own all content that you submit to the Site. You grant us and our affiliates a worldwide, perpetual, irrevocable, exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content.
8. Copyright Information. All contents included in Artec Services, including (but not limited to) all written material, images, photos and code, are protected under international copyright and trademark laws. You may not copy, reproduce, modify, republish, transmit or distribute any material from Artec Services without express written permission. It is expected that all users of Artec Services will comply with applicable copyright laws. However, if we are notified of claimed copyright infringement, or otherwise become aware of facts and circumstances from which infringement is apparent, we will respond expeditiously by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity.
9. Warranty Disclaimer. YOU USE ARTEC SERVICES AT YOUR OWN RISK. ARTEC SERVICES ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITH NO WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OPERATION OR ANY OTHER ASPECT OF ARTEC SERVICES OR CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM ARTEC SERVICES. WE DO NOT WARRANT THAT OPERATION OF ARTEC SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ARTEC SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOU DOWNLOADED THE MOBILE SOFTWARE FROM THE APPLE APP STORE, YOU FURTHER ACKNOWLEDGE THAT APPLE HAS NO RESPONSIBILITY FOR ADDRESSING ANY CLAIMS RELATING TO THE SOFTWARE OR TRANSCRIBEME SERVICES OR YOUR POSSESSION AND/OR USE OF THE SOFTWARE OR TRANSCRIBEME SERVICES, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIMS THAT THE SOFTWARE OR TRANSCRIBEME SERVICES FAIL TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENTS; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARTEC OR ITS PERSONNEL BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE ARTEC SERVICES OR CONTENT AND SERVICES PROVIDED ON OR ACCESSIBLE FROM ARTEC SERVICES, OR OTHERWISE, EVEN IF WE ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.
11. Errors, Corrections and Changes. We do not warrant or represent that Artec Services are or will be error-free. Data entry errors, human error, technical and other problems sometimes result in inaccurate information being shown. Other factors can also cause errors. We shall have no liability for errors. We reserve the right to correct any inaccuracy or error, including but not limited to franchise locations, availability and hours of services.
12. Feedback. Artec will treat any feedback or suggestions you provide to Artec (“Feedback”) as non-confidential and non-proprietary to you. Thus, in the absence of a written agreement with Artec to the contrary, you agree that you will not submit to Artec any information or ideas that you consider to be confidential or proprietary. You understand and acknowledge that Artec will own and may use the Feedback provided by you to further improve or enhance Artec Services. Accordingly, you agree to and hereby assign to the Artec Feedback (including all intellectual property rights contained therein and any modifications or improvements thereof, made by whoever).
21. Injunctive Relief. You acknowledge that the obligations made hereunder to Artec are of a unique and irreplaceable nature, the loss of which shall irreparably harm Artec and which cannot be replaced by monetary damages alone so that Artec shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
22. Contact Information. Should you wish to contact Artec with any questions, complaints or claims with respect to Artec Services, you should visit Artec website at www.artec3d.com or email email@example.com.