END USER LICENSE AGREEMENT
IMPORTANT – PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE "EULA") BEFORE INSTALLING OR OTHERWISE USING THE OLYMPUS WAY SOFTWARE (OR ANY PART THEREOF), (HEREINAFTER THE "OLYMPUS SOFTWARE"), AND OTHER MOBILE APPS, MODULES, FUNCTIONS, PLATFORMS, COMPONENTS, AS MAY BE UPGRADED OR UPDATED FROM TIME TO TIME, AND RELATED SERVICES (THE "LICENSED SERVICES") BROUGHT TO YOU BY OLYMPUS WAY LTD. ("OLYMPUS", "WE", "US", OR "OUR"). BY INSTALLING THE OLYMPUS SOFTWARE AND/OR USING THE LICENSED SERVICES, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT USE OR INSTALL THE OLYMPUS SOFTWARE AND/OR THE LICENSED SERVICES.
1. The MediaTab Software and the Licensed Services (hereinafter, collectively the "Licensed Properties") are licensed, not sold, to you for use under the terms of this EULA. This license granted to you for the Licensed Properties is limited to a non-transferable, non-sublicensable right to use the Licensed Properties on any computer or other device that you own or control, which supporting the Licensed Properties (the "Device") in order to access the MediaTab' tools for distributing and offering products, services and/or software (“Products”) via the Licensed Properties. This license does not allow you to use the Licensed Properties on any Device that you do not own or control. MediaTab, MediaTab Way, and other names and/or logos used in connection with the License Properties are icons identifying us and are our trademarks. No use of these marks shall be permitted except through our prior written authorization and permission. We reserve all rights not expressly granted to you.
2. : THE LICENSED PROPERTIES OR THE PRODUCTS ARE OFFERED SOLELY ON AN AS-IS BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. OLYMPUS DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OLYMPUS DOEST NOT WARRANTS THAT THE LICENSED PROPERTIES OR THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THEY WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE LICENSED PROPERTIES OR THE PRODUCTS WILL BE CORRECTED. THERE MAY BE DELAYS, OMISSIONS AND INTERRUPTIONS IN THE AVAILABILITY OF THE LICENSED PROPERTIES OR THE PRODUCTS.
3.1. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Properties and/or the Products. You may not copy (except as expressly permitted by this license and any relevant usage rules of the Product, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Properties and/or the Products, 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 Licensed Properties and/or the Products).
3.2. The Licensed Properties and/or the Products are not intended for the use of users aged 13 and under. By using the Services, you are confirming that you are over such age.
3.3. You may not use the Licensed Properties and/or the Products for any commercial or non-private use, nor to make unsolicited offers, advertisements, proposals, or send junk mail, to other users of the Licensed Properties and/or the Products.
3.4. You may not use the Licensed Properties and/or the Products for any illegal purpose, or in violation of any applicable law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy. You may not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
3.5. You may not attempt to gain unauthorized access to the Licensed Properties and/or the Products, or any part of them, other accounts, computer systems or networks connected to them through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Licensed Properties and/or the Products or any activities conducted via the Licensed Properties and/or the Products by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not exploit the Licensed Properties and/or the Products in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity;
3.6. You may not use any robot, spider, scraper or other automated means to access the Licensed Properties and/or the Products for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Licensed Properties and/or the Products or modify the Licensed Properties and/or the Products in any manner or form, nor to use modified versions of the Services, including, without limitation, for the purpose of obtaining unauthorized access to the Licensed Properties and/or the Products;
4.1. Each Product must fully, accurately, clearly and conspicuously disclose to the End User: (i) the name of the Product and identify you as the entity responsible for it; (ii) all of the features and functionality of the Product; (iii) the terms under which the Product is being provided for use by you; (iv) if and how the Product may affect any other programs installed on your Device and/or the settings of your Device; (v) if and how your information will be accessed, collected, used and/or shared with third parties; and (vi) contact information;
4.2. Product must not: (i) contain any content which is violent, pornography, adult or mature, gambling related, excessive profanity or illicit drugs or drug paraphernalia; (ii) present the sale of alcohol, tobacco, prescription drugs, or weapons; or (iii) be a trial offer or free software that fraudulently and/or aggressively requires End Users to pay for upgrades;
4.3. A Product must not use, or permit a third party to use, an End User’s compute (or similar device) for any purpose unless such use is (i) legal, (ii)fully, accurately, clearly and conspicuously disclosed to the End User, and (ii) the End User consents to such use;
4.4. A Product must not induce an End User to install a software component by intentionally misrepresenting that it is necessary for security or privacy purposes, or in order to open, view or play a particular type of content;
4.6. A Product must not engage in any illegal, misleading, deceptive, harmful, harassing, or otherwise annoying practices, or practices that tend to degrade the speed or overall quality of an End User’s experience;
4.7. A Product must not uninstall or intentionally interfere with or modify the operation and/or default settings of the End User’s operating system, browser(s) or other applications in the End User’s computer;
4.8. A Product must not violate, misappropriate, or infringe any third party’s intellectual property rights, rights of privacy and publicity, or other proprietary or legal rights or contain, promote, link or advocate any content that infringes or encourages the infringing of any third party’s intellectual property rights, rights of privacy or publicity, or other proprietary or legal rights;
4.9. A Product must not contain, promote, link or advocate pornographic, obscene, sexually explicit material, excessively profane, racist, ethnically offensive, threatening, excessively violent, libelous, hate speech, gambling (including games of skill that offer prizes of cash or other value), or discriminatory content, malware, illegal drugs or arms trafficking, create a risk to a person’s safety or health, compromise applicable national security or interfere with an investigation by any applicable law enforcement officials or be offensive, misleading, deceptive or destructive.
6. Third Parties Properties. You acknowledge and agree that the availability of the Licensed Properties and/or the Products is dependent on the third party properties from which you downloaded the Licensed Properties. You acknowledge that this EULA is between you and us, and not with any third parties. Each third party may have its own terms and conditions to which you must agree to before downloading the Licensed Properties from it, and your use the Licensed Properties is also conditioned upon your compliance with such applicable terms.
8. . In connection with any content that you post on or through the Licensed Properties (each, a "Submission") you agree that such Submissions are intended for public display on the Licensed Properties and hereby grant MediaTab a worldwide, non-exclusive, perpetual, irrevocable, unrestricted, royalty-free, sub-licensable and transferable license to store and publicly display the Submissions, including for removal of doubts any reviews you post with respect to the Licensed Properties or any third party services.
9. . You acknowledge that we do not pre-screen Third Party Materials or Submission available via the Licensed Properties, but we reserve the right in our sole discretion to refuse or remove any content that is available through our services, if we reasonably determine such action is appropriate to prevent errors or any other harm with respect to the Licensed Properties, it violates this EULA or our policies, or to avoid or limit our liability. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
10. . The license is effective until terminated by you or by us. Your rights under this license will terminate automatically without notice from us if you fail to comply with any term of this EULA at our sole discretion. We may also impose limits on the use of or access to the Licensed Properties, in any case and without notice or liability. Upon termination of the license, you shall cease all use of the Licensed Properties, and destroy all copies, full or partial, of the Licensed Properties in your possession.
11. . YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED PROPERTIES OR THE PRODUCTS, AS WELL AS YOUR RELIANCE ON OLYMPUS SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED PROPERTIES OR THE PRODUCTS ARE PROVIDED "AS IS" AND “AS AVAILABLE”, AND WE DISCLAIM ALL WARRANTIES WITH RESPECT TO WHICH, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
12. . IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED PROPERTIES OR THE PRODUCTS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES RELATED TO THE SUBJECT MATTER OF THIS EULA EXCEED THE AMOUNT OF ONE DOLLAR ($1). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. . YOU RELEASE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHODLERS, AGENTS AND AFFILIATES, HARMLESS FROM ALL LIABILITIES, CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY'S FEES: (I) RELATED IN ANY WAY TO YOUR USE OF THE LICENSED PROPERTIES, THE PRODUCTS, THE SERVICES OR THE USER SUBMISSIONS; (II), CLAIMS THAT YOU MAY HAVE THAT ARE RELATED IN ANY WAY TO THE USER SUBMISSIONS, THIRD PARTY MATERIALS, ANY CONTENT FOUND ON THE LICENSED PROPERTIES, THE PRODUCTS OR TO ACTIVITIES OR OMISSIONS OF ANY THIRD PARTY; OR (III) RELATED IN ANY WAY TO OR ARISING OUT OF YOUR USE OF SUBMISSIONS.
. We are committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. If you believe that your copyrights or other intellectual property rights have been violated, please notify us immediately at: firstname.lastname@example.org.
You must include in your notice a: (1) description of the copyrighted work that is the subject of claimed infringement, (2) description of the infringing material and information sufficient to allow us to locate the alleged material, (3) contact information for you, including your address, telephone number and email address, (4) statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law, (5) statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed, and (6) physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
15. . The Licensed Application makes use of certain third party software components.
15.1. The following third-party software used as part of the Licensed Properties is licensed under the MIT License (the "MIT License"). Permission is hereby granted, free of charge, to any person obtaining a copy of these software components and associated documentation files (the "MIT Software"), to deal in the MIT Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the MIT Software, and to permit persons to whom the MIT Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the MIT Software. THE MIT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE MIT SOFTWARE:
15.1.1. nodejs MIT
15.1.2. body-parser MIT
15.1.3. nodejs MIT
16. . (i) The laws of Cyprus , excluding its conflicts of law rules, govern this license and your use of the Licensed Properties; any controversy, claim, or dispute in connection with, arising under, or related to this EULA shall be settled exclusively in the courts of Limassol, Cyprus. Your use of the Licensed Properties may also be subject to other local, state, national, or international laws. (ii) Please note that we reserve the right, at our sole discretion, to revise, modify or change or remove portions or all of this EULA, at any time. (iii) If any provision of this EULA is held to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. (iv) A party’s failure to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. (v) The section titles in this EULA are solely used for the convenience and have no legal or contractual significance. (vi) We may assign this EULA to any party at any time.
Last Updated: February 19, 2018