"Cornea AI" by sinX Inc. ("sinX") LICENSES THIS MOBILE APPLICATION (referred here in as "Cornea App") TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (referred herein as "AGREEMENT" or "EULA"). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING, COPYING AND USING THE CORNEA APP AND THE ACCOMPANYING DOCUMENTATION. THE CORNEA APP IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS EULA, NOT SOLD TO YOU. BY INSTALLING, COPYING OR OTHERWISE USING THE CORNEA APP, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE CORNEA APP .
THIS EULA IS A LEGAL AGREEMENT CONCERNING THE Cornea App BETWEEN YOU, AS AN INDIVIDUAL AND sinX. THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH sinX RELATING TO THE CORNEA APP.
By clicking the "I accept the terms..." checkbox on the beta tester page, by executing a written copy of this Agreement, or by installing, copying or otherwise using this Cornea App, you agree to be bound by the terms of this Agreement. If you do not agree with any term or condition, do not download, order, open, install or use the Cornea App or product package.
THE BETA VERSION OF CORNEA APP LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON CORNEA APP PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE CORNEA APP AND/OR ACCOMPANYING MATERIALS.
You agree that, unless otherwise specifically provided herein or agreed by the sinX in writing, the Cornea App and the Documentation, including the specific design and structure of individual programs and the Cornea App, provided to you by sinX constitute confidential proprietary information of sinX. You shall permit only authorized users, who possess rightfully, obtained license keys, to use the Cornea App or to view the Documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of sinX. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the Cornea App provided to you by sinX. You will use your best efforts to cooperate with and assist sinX in identifying and preventing any unauthorized use, copying, or disclosure of the Cornea App, Documentation, or any portion thereof.
It is expressly understood, acknowledged and agreed that you shall, regardless of whether or not formally requested to do, provide to sinX reasonable suggestions, comments and feedback regarding the Cornea App, including but not limited to usability, bug reports and test results, with respect to Cornea App testing (collectively, "Feedback"). If you provide such Feedback to sinX, you shall grant sinX the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any sinX product, technology, service, specification or other documentation (individually and collectively, "sinX Products"); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any sinX Product; (iii) solely with respect to Licensee's copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by Licensee that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a sinX Product, technology or service. Further, you warrant that your Feedback is not subject to any license terms that would purport to require sinX to comply with any additional obligations with respect to any sinX Products that incorporate any Feedback.
Subject to the terms and conditions of this Agreement, sinX hereby grants to you a non-exclusive, non-transferable license (without the right to sublicense) (i) to use the Cornea App in accordance with the Documentation solely for purposes of internal testing and evaluation, and (ii) to copy Cornea App for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies.
Except as otherwise specifically permitted in this Agreement, you may not: (a) modify or create any derivative works of any Cornea App or documentation, including translation or localization; (code written to published APIs (application programming interfaces) for the Cornea App shall not be deemed derivative works); (b) copy the Cornea App except as provided in this Agreement or elsewhere by sinX; (c) separate Cornea App, which is licensed as a single product, into its component parts. (d) sublicense or permit simultaneous use of the Cornea App by more than one user; (e) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Product the Cornea App (except to the extent applicable laws specifically prohibit such restriction); (f) redistribute, encumber, sell, rent, lease, sublicense, use the Cornea App in a timesharing or service bureau arrangement, or otherwise transfer rights to any Cornea App. You may NOT transfer the Cornea App under any circumstances; (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product(s); (h) publish any results of benchmark tests run on any Cornea App to a third party without sinX prior written consent; or (i) use any Cornea App on a system with more CPUs than the number licensed, by more users than have been licensed, on more computers or computing devices than the number licensed, or by more developers than the number licensed, as applicable.
sinX is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Cornea App will be corrected.
Title to the Cornea App and all copies thereof remain with sinX. The Cornea App is copyrighted and is protected by United States copyright laws and international treaty provisions. Licensee will not remove copyright notices from the Cornea App. Licensee agrees to prevent any unauthorized copying of the Cornea App. Except as expressly provided herein, sinX does not grant any express or implied right to you under sinX patents, copyrights, trademarks, or trade secret information.
Your rights with respect to the Beta Cornea App will terminate upon the earlier of (a) the initial full release by sinX of a generally available version of the Cornea App or (b) six months after the last date you receive the Cornea App or any update thereto.
THE CORNEA APP AND DOCUMENTATION ARE LICENSED "AS IS", AND sinX DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, sinX EXPRESSLY DOES NOT WARRANTS THAT THE CORNEA APP WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE Cornea App WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE CORNEA APP TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE Cornea App. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE CORNEA APP
Provision of any Cornea App under this Agreement is experimental and shall not create any obligation for sinX to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Cornea App either to Licensee or to any other party.
sinX CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR INSTALLATION OR USE OF THE Cornea App AND DOCUMENTATION SHALL NOT EXCEED THE AMOUNT OF LICENSE FEES PAID TO sinX BY YOU UNDER THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL sinX BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF sinX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement shall be governed by and interpreted in accordance with the laws of the Seattle, Washington, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this EULA shall be resolved in the federal or state courts situated within the Seattle, Washington. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.
You acknowledge that beta Cornea App is of American origin. Recipient agrees to comply with all applicable international and national laws that apply to the Cornea App, including the end-user, end-use and destination restrictions issued by American and other governments.
This Agreement constitutes the complete and exclusive agreement between you and sinX with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by you and an authorized representative of sinX.
Copyright (C) 2017 sinX Inc. All rights reserved.
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