IMPORTANT: READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE CONTINUING INSTALLATION OF ANY Ecosense, Inc.’s SOFTWARE (“Software”). IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PROMPTLY REMOVE THE SOFTWARE FROM YOUR MOBILE DEVICE AND RETURN THE PRODUCT, INCLUDING THE DOCUMENTATION, TO YOUR SUPPLIER AND YOUR MONEY WILL BE REFUNDED. IF YOU DOWNLOADED THIS SOFTWARE, PLEASE REMOVE THE SOFTWARE FROM YOUR MOBILE PHONE AND CONTACT YOUR SUPPLIER TO REQUEST A REFUND.
In this license agreement (the “License Agreement”), you (either an individual or an entity), the purchaser of the license rights granted by this License Agreement, are referred to as “licensee” or “You”. Ecosense, Inc. is referred to as the “Licensor”. The Software and documentation (“Documentation”) are collectively referred to as the “Licensed Product”. Licensor may furnish hardware with the Licensed Product (“Hardware”)
In accordance with the terms and conditions of this License Agreement, the Software is the property of Licensor and is protected by Copyright Law. While the Licensor continues to own the Software, the Licensor grants the Licensee, Licensee's acceptance of this License Agreement, the limited and non-exclusive license to use on copy of the current version of Licensed Product as described below. The Software is “used” on a mobile device or a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to another computer is not considered “in use”. Except as may be modified by a license addendum which accompanies this License Agreement, the Licensee’s rights and obligations with respect to the use of this Software are as follows:
- Use the Software for commercial or business purposes in the manner described in the Documentation.
- Use the Software to share an Internet connection, transfer data, files and images among the computer in the manner described in the Documentation.
- Copy the documentation that accompanies the Software.
- Sublicense or lease any portion of the Software.
- Make illegal duplication of the software.
- Copyright and Trade Secrets. All rights in and to the Licensed Product including, but not limited to, copyright and trade secrets rights, belong to Licensor, and Licensor holds title to each copy of the Software. The licensed Product is protected by United States Copyright Laws and international treaty Provisions.
- Term. This License Agreement is effective until terminated. Licensor may terminate this License Agreement if Licensee breaches any of the terms and conditions herein. Upon termination of this License Agreement for any reason, Licensee shall return to Licensor or otherwise destroy the Licensed Product and all copies of the Licensed Product. Upon request of Licensor, Licensee agrees to certify in writing that all copies of the Software have been destroyed or returned to Licensor. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Licensor’s proprietary rights shall survive termination.
- Executable Code. The Software is delivered in executable code only. Licensee shall not reverse engineer, compile or otherwise disassemble the Software.
- Limited Warranty
- Licensor does not warrant that the functions contained in the Licensed Product and Hardware will meet Licensee’s requirements or that the operation of the Software and Hardware will be uninterrupted or error-free. Licensor does warrant that the media on which the Software is furnished and the hardware will be free from defects in materials and workmanship under normal use for a period of one year from the date of delivery (“Warranty Period”). This Limited Warranty is void of failure of the media on which the Software is furnished has resulted from accident, abuse, or misapplications.
- EXCEPT AS PROVIDED ABOVE, THE LICENSED PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT AND HARDWARE IS WITH LICENSE.
- Limitation of Liability
- Licensor’s sole obligation or liability and licensee’s exclusive remedy under this agreement shall be the replacement of the defective media on which the software is furnished and/or the hardware according to the limited warranty above.
- In no event will licensor be liable for any consequential, incidental or indirect damages including, without limitation, any loss of data or information, loss of profits, loss of savings, business interruption or other pecuniary loss, arising out of the use of or liability to use the software or documentation or any hardware, even if licensor has been advised of the possibility of such damages, or for any claim by any third party.
- Any Software and Hardware provided to Licensee by Licensor shall not be exported or re- exported in violation of any export provisions of the United States or any other applicable jurisdiction. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. This Agreement shall be governed by and interpreted under the laws of the State of California, United States of America, without regard to its conflicts of law provisions. Licensor and Licensee agree that the U.N. Convention on Contracts for the International Sales of Goods shall not apply to this License Agreement.
- This License Agreement may only be modified or amended by a written license addendum that accompanies this License Agreement or by written document that has been signed by both you and Licensor. Site licenses and other types of enterprise licenses are available upon request. Please contact Licensor or your supplier for further information.
- Any controversy or claim arising out of or relating to this Agreement, or the breach of this Agreement, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be held in California, United States of America.
If you have any other questions concerning this License Agreement, or if you desire to contact Licensor for any reason, please contact Ecosense at firstname.lastname@example.org
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