-
Notifications
You must be signed in to change notification settings - Fork 0
Commit
This commit does not belong to any branch on this repository, and may belong to a fork outside of the repository.
- Loading branch information
1 parent
8ea2abe
commit 4cc16ce
Showing
4 changed files
with
207 additions
and
2 deletions.
There are no files selected for viewing
This file contains bidirectional Unicode text that may be interpreted or compiled differently than what appears below. To review, open the file in an editor that reveals hidden Unicode characters.
Learn more about bidirectional Unicode characters
This file contains bidirectional Unicode text that may be interpreted or compiled differently than what appears below. To review, open the file in an editor that reveals hidden Unicode characters.
Learn more about bidirectional Unicode characters
Original file line number | Diff line number | Diff line change |
---|---|---|
@@ -0,0 +1,178 @@ | ||
Heap iOS Autocapture Software License Agreement | ||
======================================= | ||
|
||
|
||
License | ||
------- | ||
|
||
1. Under this Software License Agreement (the "Agreement"), Heap (the | ||
"Vendor") grants to the user (the "Licensee") a non-exclusive | ||
and non-transferable license (the "License") to use Heap iOS | ||
Autocapture (the "Software"). | ||
|
||
2. "Software" includes the executable computer programs and any | ||
related printed, electronic and online documentation and any other | ||
files that may accompany the product. | ||
|
||
3. "Licensee Application" means software applications developed by the | ||
Licensee integrating the Software distributed to End Users. | ||
|
||
4. "End Users" means final users of the Lincenee Application. | ||
|
||
5. Except where explicitly exempted in (7) below, title, copyright, | ||
intellectual property rights and distribution rights of the Software | ||
remain exclusively with the Vendor. Intellectual property rights | ||
include the look and feel of the Software. This Agreement | ||
constitutes a license for use only and is not in any way a transfer | ||
of ownership rights to the Software. | ||
|
||
6. The rights and obligations of this Agreement are personal rights | ||
granted to the Licensee only. The Licensee may not transfer or | ||
assign any of the rights or obligations granted under this Agreement | ||
to any other person or legal entity. Except where permitted in (7) | ||
below, the Licensee may not make available the Software for use by | ||
one or more third parties. | ||
|
||
7. Subject to the terms and conditions of the Agreement, the Vendor | ||
grants to the Licensee a worldwide, irrevocable, royalty-free, | ||
fully-paid up license to copy and distribute the Software when | ||
embedded in Licensee Applications intended for End Users. | ||
|
||
8. End Users using Licensee Applications are not required to have a | ||
valid License. | ||
|
||
9. The Software may not be modified, reverse-engineered, or de-compiled | ||
in any manner through current or future available technologies. | ||
|
||
10. Failure to comply with any of the terms under the License section | ||
will be considered a material breach of this Agreement. | ||
|
||
|
||
Limitation of Liability | ||
----------------------- | ||
|
||
11. The Software is provided by the Vendor and accepted by the Licensee | ||
"as is". Liability of the Vendor will be limited to a maximum of | ||
the original purchase price of the Software. The Vendor will not be | ||
liable for any general, special, incidental or consequential damages | ||
including, but not limited to, loss of production, loss of profits, | ||
loss of revenue, loss of data, or any other business or economic | ||
disadvantage suffered by the Licensee arising out of the use or | ||
failure to use the Software. | ||
|
||
12. The Vendor makes no warranty expressed or implied regarding the | ||
fitness of the Software for a particular purpose or that the | ||
Software will be suitable or appropriate for the specific | ||
requirements of the Licensee. | ||
|
||
13. The Vendor does not warrant that use of the Software will be | ||
uninterrupted or error-free. The Licensee accepts that software in | ||
general is prone to bugs and flaws within an acceptable level as | ||
determined in the industry. | ||
Warrants and Representations | ||
|
||
14. The Vendor warrants and represents that it is the copyright holder | ||
of the Software. The Vendor warrants and represents that granting | ||
the license to use this Software is not in violation of any other | ||
agreement, copyright or applicable statute. | ||
|
||
|
||
Acceptance | ||
---------- | ||
|
||
15. All terms, conditions and obligations of this Agreement will be | ||
deemed to be accepted by the Licensee ("Acceptance") on | ||
installation of the Software. | ||
|
||
|
||
User Support | ||
------------ | ||
|
||
16. No user support or maintenance is provided as part of this | ||
Agreement. | ||
|
||
|
||
Term | ||
---- | ||
|
||
17. The term of this Agreement will begin on Acceptance and is | ||
perpetual. | ||
|
||
|
||
Termination | ||
----------- | ||
|
||
18. This Agreement will be terminated and the License forfeited where | ||
the Licensee has failed to comply with any of the terms of this | ||
Agreement or is in breach of this Agreement. On termination of this | ||
Agreement for any reason, the Licensee will promptly destroy the | ||
Software or return the Software to the Vendor. | ||
|
||
|
||
Force Majeure | ||
------------- | ||
|
||
19. The Vendor will be free of liability to the Licensee where the | ||
Vendor is prevented from executing its obligations under this | ||
Agreement in whole or in part due to Force Majeure, such as | ||
earthquake, typhoon, flood, fire, and war or any other unforeseen | ||
and uncontrollable event where the Vendor has taken any and all | ||
appropriate action to mitigate such an event. | ||
|
||
|
||
Governing Law | ||
------------- | ||
|
||
20. The Parties to this Agreement submit to the jurisdiction of the | ||
courts of the State of California for the enforcement of this | ||
Agreement or any arbitration award or decision arising from this | ||
Agreement. This Agreement will be enforced or construed according to | ||
the laws of the State of California. | ||
|
||
|
||
Miscellaneous | ||
------------- | ||
|
||
21. This Agreement can only be modified in writing signed by both the | ||
Vendor and the Licensee. | ||
|
||
22. This Agreement does not create or imply any relationship in agency | ||
or partnership between the Vendor and the Licensee. | ||
|
||
23. Headings are inserted for the convenience of the parties only and | ||
are not to be considered when interpreting this Agreement. Words in | ||
the singular mean and include the plural and vice versa. Words in | ||
the masculine gender include the feminine gender and vice versa. | ||
Words in the neuter gender include the masculine gender and the | ||
feminine gender and vice versa. | ||
|
||
24. If any term, covenant, condition or provision of this Agreement is | ||
held by a court of competent jurisdiction to be invalid, void or | ||
unenforceable, it is the parties' intent that such provision be | ||
reduced in scope by the court only to the extent deemed necessary by | ||
that court to render the provision reasonable and enforceable and | ||
the remainder of the provisions of this Agreement will in no way be | ||
affected, impaired or invalidated as a result. | ||
|
||
25. This Agreement contains the entire agreement between the parties. | ||
All understandings have been included in this Agreement. | ||
Representations which may have been made by any party to this | ||
Agreement may in some way be inconsistent with this final written | ||
Agreement. All such statements are declared to be of no value in | ||
this Agreement. Only the written terms of this Agreement will bind | ||
the parties. | ||
|
||
26. This Agreement and the terms and conditions contained in this | ||
Agreement apply to and are binding upon the Vendor's successors and | ||
assigns. | ||
|
||
|
||
Notices | ||
------- | ||
|
||
27. All notices to the Vendor under this Agreement are to be provided at | ||
the following address: | ||
Heap | ||
225 Bush St Ste 200 | ||
San Francisco CA 94104-4251 | ||
USA |
This file contains bidirectional Unicode text that may be interpreted or compiled differently than what appears below. To review, open the file in an editor that reveals hidden Unicode characters.
Learn more about bidirectional Unicode characters
This file contains bidirectional Unicode text that may be interpreted or compiled differently than what appears below. To review, open the file in an editor that reveals hidden Unicode characters.
Learn more about bidirectional Unicode characters