This License Agreement ("License Agreement") for a certain Spur product is a legal agreement between you (either an individual or an entity) and Epitomical Limited and its third party suppliers and licensors (collectively "Epitomical Limited") for all the relevant software (which includes components provided by suppliers and licensors to Epitomical Limited) bundled with the Epitomical Limited product purchased by you ("Software").
YOUR ACCEPTANCE BY ACTIVATING, USING, DOWNLOADING OR INSTALLING THIS DEVICE AND/OR THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
If, prior to indicating your acceptance by activating, using, downloading or installing this device and/or the Software, you determine that you are unwilling to agree to the terms of this License Agreement, you have no right to use the Software and you should: (i) promptly return the Software to Epitomical Limited or delete it; or (ii) if you have purchased the Epitomical Limited Product on which the Software is pre-installed by or on behalf of Epitomical Limited, promptly return the Epitomical Limited Product and the accompanying Software and items (including documentation and packaging) to Epitomical Limited or the Epitomical Limited authorized distributor from whom you purchased the Epitomical Limited Product.
Portions of the Software include software files subject to certain open source license agreements, then such open source software files are subject to the notices and additional terms and conditions. Such open source software files are provided on an "AS IS" basis to the maximum extent permitted by applicable law.
For the open source file(s) contained herein, please access "Open source license" section located at Settings About phone Legal information on the device for the relevant copyright and licensing terms. You may obtain a copy of Apache License, Version 2.0 at http://www.apache. org/licenses/LICENSE-2.0. You may also obtain a copy of GNU General Public License, Version 2 at Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA. Until the date that is three years after you acquired the Software, you may obtain a copy of the source code corresponding to the binaries for GPL-licensed file by sending a request to Epitomical Limited customer service at www.epitomical.com, and Epitomical Limited will send you a link to such source code.
ANY THIRD PARTY SOFTWARE THAT MAY BE PROVIDED WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT. EPITOMICAL LIMITED IS NOT RESPONSIBLE FOR ANY THIRD PARTY'S SOFTWARE AND SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY SOFTWARE.
Epitomical hereby grants to you a non-exclusive, non-transferable and restricted license to use the Software and any related documentation ("Documentation") subject to the following terms: You shall use the Software solely in conjunction with the device in which the Software is originally embedded.
a) Except to the extent otherwise expressly and unambiguously authorized by Epitomical Limited or to the extent such restrictions are explicitly prohibited by applicable law, you shall NOT: (i) permit other individuals to use the Software; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for a back-up upon a repair/replacement, provided that such back-up is not installed or used on any computer, and shall be deleted/destroyed immediately after repair/ replacement. Any other copies You make of the Software are in violation of this Agreement); (iv) rent, lease, transfer, sublicense or otherwise transfer rights to the Software or Documentation; (v) remove any proprietary notices or labels on the Software or Documentation; or (vi) add, integrate or combine any other software with the Software. Any such forbidden use shall immediately terminate your license to the Software.
b) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concern relevant copyright and other intellectual property rights and/or the export controlling regulations.
c) You shall only use the Software for your private, non-commercial use. You shall not use the Software in any way to provide, or as part of, any commercial service or application. You shall not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in Epitomical Limited (including all its relevant suppliers/licensors). The Software is protected by the copyright laws of the United Kingdom and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software including the content contained in the Software media demonstration files, shall be retained by the applicable Content owner and may be protected by applicable copyright or other law. This license gives you NO rights to such Content.
THE SOFTWARE, DOCUMENTATION, AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. EPITOMICAL LIMITED FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE, DOCUMENTATION, AND CONTENT REMAINS WITH YOU. IN NO EVENT SHALL EPITOMICAL LIMITED AND ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE HELD LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, THE OR THE CONTENT, EVEN IF EPITOMICAL LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EPITOMICAL LIMITED's TOTAL LIABLITY FOR ANY DAMAGES UNDER THIS AGREEMENT SHALL NEVER EXCEED THE PURCHASE PRICE YOU PAID FOR THE SPUR PRODUCT YOU BOUGHT.
Any software is not fault tolerant whether provided by a third party or Epitomical Limited. Where you/ the customer installed the software on the device, Epitomical Limited is not responsible for how it operates on the device. The software was designed for systems that do not require fail-safe performance. You may not use the software in any device or system in which a malfunction of the software would result in foreseeable risk of loss, injury or death to any person. This includes operation of nuclear facilities, aircraft navigation or communication systems, air traffic control or use in risky and dangerous situations or environments.
You agree to hold harmless, indemnify and defend Epitomical Limited, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) viewed, downloaded, encoded, compressed, copied or transmitted any materials (other than materials provided by Epitomical Limited) in connection with the Software in violation of another party's rights or in violation of any law, or (ii) violated any terms of this License Agreement. If you are importing the Software from the United Kingdom or other European Union countries, you shall indemnify and hold Epitomical Limited harmless from and against any import and export duties or other claims arising from such importation. You agree that the laws of England & Wales shall govern any and all matters resulted from this Agreement.
You agree to hold harmless, indemnify and defend Epitomical Limited, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) viewed, downloaded, encoded, compressed, copied or transmitted any materials (other than materials provided by Epitomical Limited) in connection with the Software in violation of another party's rights or in violation of any law, or (ii) violated any terms of this License Agreement. If you are importing the Software from the United Kingdom or other European Union countries, you shall indemnify and hold Epitomical Limited harmless from and against any import and export duties or other claims arising from such importation. You agree that the laws of England & Wales shall govern any and all matters resulted from this Agreement.
