EULA for App

IMPORTANT – PLEASE READ CAREFULLY: This Enduser Software License Agreement (“EULA”) is entered into by and between you (“Licensee”) and Heidelberger Druckmaschinen AG, Kurfuersten-Anlage 52-60, 69115 Heidelberg, Germany (“Heidelberg”).

A. SOFTWARE LICENSE AGREEMENT FOR ALL TERRITORIES OUTSIDE GERMANY

IF YOUR PLACE OF RESIDENCY IS NOT IN GERMANY YOU AGREE TO BE BOUND BY THE SUBSEQUENT TERMS OF THIS SECTION A OF THIS EULA BY SAVING, INSTALLING OR USING THE SOFTWARE. IF YOU DO NOT AGREE YOU ARE NOT ENTITLED TO SAVE, INSTALL, OR USE THE SOFTWARE.

This software contains software of Heidelberg and of Third Parties. The software of Heidelberg is part of its intellectual property. Heidelberg is the sole holder of all patents, copyright, industrial property rights, trade-marks and other intellectual property rights to such software and all such rights remain with Heidelberg. The use of Third Party software is governed by their respective terms and conditions of licence as further specified in the License menu.

1) Third Party Software License Terms of QUALCOMM Austria

The App includes content powered by Vuforia (TM) SDK from QUALCOMM Austria and using the App constitutes acceptance of the EULA (End user license agreement) which includes the sharing of information for statistical purposes and improving their services. The data collected may be transferred and you are responsible for any data usage. If you do not agree to the license agreement you may not continue to use or retain any copies of the application.

You understand and agree to

(i) the collection, storage, and use by QUALCOMM Austria and its affiliates and service providers of Statistics from the Software (including but not limited to: (a) information about the end users’ devices such as device unique identifier, make, model, operating system name and version and kernel version, (b) information about QUALCOMM’s Software used to create the software application such as the SDK version and device profile, (c) information about the software application and its use such as settings (e.g., camera resolution settings, configuration settings), start and stop dates and times, camera on/off events, target image obtained/lost events, and other general usage information, and (d) the IP address used by the end user’s device, for the purpose of allowing the Vuforia servers to infer the country of use (but not the exact location) (collectively “Statistics”))

(ii) the transfer of Statistics between QUALCOMM Austria and its affiliates and service providers (which may be in the United States or in other countries), in each case for the purposes of (a) facilitating the provision of new products, updates, enhancements and other services, (b) improving the Software, and other products, services and technologies, and (c) providing new products, services or technologies to customers of QUALCOMM Austria and its affiliates.

(iii) Each end user is advised of the hazards of using a camera based application while driving, walking, or otherwise by being distracted or disoriented from real world situations.

2. License. Grant Heidelberg grants the Licensee a personal, non-exclusive, non-transferable and non-sublicensable right to use the software only in object-code form for installation and use on a single device with a suitable operating system.

3. Restrictions. The License is not allowed to: a. copy, duplicate, distribute or reproduce in any other way the software or parts thereof except for data-recovery or archiving purposes; b. sell, lend, lease, license, sub-license, distribute, assign, convey or handover in any other way the software or parts thereof to a third party; c. to modify or port the software or to use it for own development purposes; d. to combine or merge the software with other software, to decompile the software in any way, to disassembly, reverse engineer the software or otherwise try to deduct, identify or ascertain the source-code, algorithms or the intellectual property contained therein; e. to make use the technical solutions contained in the software for other purposes.

4. License. Fee Use of the software is granted for free.

5. DISCLAIMER OF WARRANTY. DUE TO THE NATURE OF THE SOFTWARE AS FREEWARE, THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE LICENSEE. SHOULD THE SOFTWARE PROVE TO BE DEFECTIVE, THE LICENSEE HAS TO ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

6. LIMITATION OF LIABILITY.  IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL HEIDELBERG BE LIABLE TO THE LICENSEE FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY THE LICENSEE OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Term and Termination.  The right of use of the licensee starts with his acceptance of these license terms. Heidelberg is entitled to terminate this agreement and the right of use of the Licensee connected therewith at any time in its sole discretion without notice by informing the Licensee that the services the software was intended for are not offered any longer. The license agreement ends with immediate effect if the Licensee is in breach of any of its obligations under this agreement. After termination of the agreement the Licensee has to stop its use of the software immediately and to de-install and delete all copies of the software.