QEEXO FINGERSENSE OS END-USER LICENSE AGREEMENT
This End-User License Agreement (this “Agreement”) is a legal agreement between you (“You”) and Qeexo, Co. (“Qeexo”) and governs your use of the Qeexo FingerSense OS (“Software”).
- Subject to the terms, conditions and limitations stated in this Agreement, Qeexo grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to run the Software on Your Android device solely for Your personal use. You are not permitted to use the Software for any purpose other than as expressly permitted under this Agreement. You shall use the Software only in a manner consistent with this Agreement and the documentation (the “Documentation”), which Qeexo may provide, in its sole discretion from time to time.
- Qeexo may collect information about You and Your usage of the Software. Qeexo’s Privacy Statement describes the information that Qeexo may collect when You use the Software and how we use such information. Qeexo’s Privacy Statement may be found within the Software under Settings --> FingerSense --> About.
- License Restrictions.
- Age Restrictions.In order to use the Software you must be 13 years of age or older. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to use the Software and to accept the Agreement. In order to serve as a parent or legal guardian, you must be at least 18 years old.
- Legal Compliance & Acceptable Use.You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that 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 list of prohibited or restricted parties. You specifically agree that You will not use the Software to (i) violate any laws or regulations; (ii) infringe the intellectual property or other rights of third parties; or (iii) transmit any materials that contain viruses or other harmful computer code or files such as Trojan Horses, worms or time bombs.
- Third Party Agreements.You must comply with any applicable third party terms of agreement when using the Software. In particular, You acknowledge that use of the Software may result in increased charges from your wireless carrier and that You are solely responsible for paying such charges.
- Dangerous Activities.The Software is not intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Software could lead to death, personal injury, or severe physical or environmental damage.
- Maintenance & Support.You acknowledge that while Qeexo may provide maintenance and support for the Software from time to time, Qeexo will have no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice.
- You may choose, in your sole discretion, to provide Feedback (as defined below) to Qeexo regarding the Software. In consideration of the licenses granted by Qeexo hereunder, in order for Qeexo to utilize such Feedback, You grant to the Qeexo (and its affiliates) a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license, under all relevant intellectual property rights, to use, publish, and disclose such Feedback in any manner Qeexo chooses and to display, perform, copy, make, have made, use, sell, and otherwise dispose of Qeexo’s products or services embodying Feedback in any manner and via any media the Qeexo chooses, without reference to the source. “Feedback” means information, discussions, materials, suggestions, improvements provided by You under this Agreement that relate to the design, functionality, operation and performance of the Software and/or Documentation.
- No Warranty. YOU AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK, AND THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. QEEXO, ITS SUPPLIERS AND THEIR RESPECTIVE AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Limitation of Liability. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU SPECIFICALLY AGREE THAT QEEXO, ITS SUPPLIERS AND THEIR RESPECTIVE AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY YOU ARE SEEKING DAMAGES AGAINST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE SOFTWARE OR IN ANY WAY RELATING TO THE SOFTWARE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF QEEXO, ITS SUPPLIERS AND THEIR RESPECTIVE AFFILIATES FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE SOFTWARE IS LIMITED TO TWENTY US DOLLARS ($20). YOU SPECIFICALLY AGREE THAT THIS DAMAGES LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND QEEXO.
- Indemnification: You will indemnify, defend and hold harmless Qeexo from and against any losses, claims, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to the Software (including negligent or wrongful conduct) by you or by any other person accessing the Software through Your account
- Intellectual Property: Qeexo retains all ownership and intellectual property rights in the Software. You may not: a) remove or modify any marks or proprietary notices of Qeexo, b) provide or make the Software available to any third party, c) use the Software to provide third party training for Qeexo products, d) assign this Agreement or give or transfer the Software or an interest in them to another individual or entity, e) decompile, disassemble or reverse engineer (except to the extent permitted by applicable law) the Software, f) create derivative works of or based on the Software or g) use any Qeexo name, trademark or logo.
Qeexo respects the intellectual property of others and requires that users of the Software do the same. When You use the Software, You may not upload, store, share, display, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. In appropriate circumstances, Qeexo may terminate the accounts of infringers.
- Term and Termination:You may terminate this Agreement by destroying all copies of the Software on Your Android device. Qeexo shall be entitled to terminate Your license to use the Software at any time in its sole discretion, including for violation of these terms. In case of termination or expiration of this Agreement, You must destroy all copies of the Software on Your Android device. Sections 5-12 shall survive any termination of this Agreement.
- Choice of Law; Venue.This Agreement and the relationship between You and Qeexo will be governed by the laws of the State of California, excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Santa Clara County, California to resolve any dispute or claim arising from this Agreement. As to intellectual property rights, You specifically agree that Qeexo may file an action in any jurisdiction to protect or enforce its rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. You agree that any claim or cause of action related to this Agreement or the use of the Software must be filed within one (1) year after the cause of action arose or be forever barred.
- Miscellaneous: This Agreement is the complete Agreement for the Software licensed (including reference to information/documentation contained in a URL). This Agreement supersedes all prior or contemporaneous agreements or representations with regards to the subject matter of this Agreement. If any term of this Agreement is found to be invalid or unenforceable, the surviving provisions shall remain effective. Qeexo´s failure to enforce any right or provisions stipulated in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of Qeexo. Qeexo may freely assign this Agreement. Qeexo may amend this Agreement at any time. We will notify you of any change to this Agreement via in-app messaging or e-mail. Your continued use of the Software constitutes your acceptance of the updated Agreement terms. This Agreement and updated versions of this Agreement may be found within the Software under Settings --> FingerSense --> About.