IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THIS AGREEMENT. BY CLICKING THE "AGREE" BUTTON OR USING OR INSTALLING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE "CANCEL" BUTTON OR THE “HOME BUTTON” OF YOUR DEVICE. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT HAVE THE RIGHT TO INSTALL, USE, OR ACCESS THE SOFTWARE.
1.1"Documentation" means the user guides and manuals for installation and use of the Software.
1.2"Product" means the combination of an authorized hardware device with which the Software is designed to be compatible, including but not limited to StylusTek smartpad.
1.3"Software" means the software app "StylusTek App" developed by Maxeye to allow You to transfer data that You have captured on Your StylusTek smartpad device to Your hardware device in order for You to be able to use and process it for other purposes and within other applications, and any related updates to either of the foregoing provided or made available by Maxeye to You.
2. Software license
2.1 License Grant. Subject to the terms and conditions of this Agreement, Maxeye hereby grants to You a limited, non-exclusive license to: (a) use and install a single copy of the Software, in machine readable form only, on a single hardware device, solely for use with that hardware device and StylusTek smartpad; (b) use the Documentation provided with the Software in support of Your authorized use of the Software; and (c) make a single back-up copy of the Software, to be used solely for back-up purposes, provided that all trademark, copyright, and other proprietary and restricted rights notices, legends, and symbols included in the original version of the Software are reproduced on such back-up copy. Notwithstanding the foregoing, You warrant that You are age 15 or older, and You agree that no license to the Software is offered or provide to anyone under the age of 15.
2.2 Restrictions. You will not, and will not permit, encourage, or enable any third party to, copy or use the Software (including the Documentation) except as expressly permitted by this Agreement, or for disaster recovery, program error verification, and back-up purposes. You will not, and will not permit, encourage, or enable any third party to, modify, translate, distribute, create derivative works based on, pledge, relicense, sublicense, loan, rent, or lease the Software, or use the Software for third-party training, commercial time-sharing or service bureau use. You will not, and will not permit, encourage, or enable any third party to, reverse engineer, disassemble or decompile the Software, or attempt to determine any source code, algorithms, methods, or techniques used or embodied in the Software, except as and as to the extent expressly permitted by applicable law despite this restriction. You will not, and will not permit, encourage, or enable any third party to, use the Software in conjunction with any tablet, signature pad, or other device that is not a Product as defined in this Agreement. You will not remove or alter any trademark, copyright, or other proprietary and restricted rights notices, legends, and symbols appearing in or on the Software.
2.3 “Export limitations” You may not use or otherwise export or re-export the Software except as authorized by the laws of the jurisdictions from which or in which the Software was lawfully obtained by You. If You obtained the Software in or from the United States, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
2.4 No Assignment; One Time Transfer. You will not transfer, assign, or delegate the Software or any of Your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of Maxeye, which shall not be unreasonably withheld. However, You may make a one-time permanent transfer of the Software and of all of Your rights under this Agreement to another party if and only if all of the following conditions have been met: (a) the transfer includes the transfer of the hardware device on which the Software was downloaded or pre-installed, and includes the Software and this Agreement, (b) You do not retain any copies of the Software or any portion thereof on any media or computer, and (c) the party receiving the Software reads, understands, and agrees to accept the terms of this Agreement. Any transfer, assignment, or delegation of any of Your rights or obligations under this Agreement in violation of this paragraph is void and of no effect.
2.5 Ownership. The Software is licensed, not sold, to You for use solely in compliance with the terms of this Agreement. Maxeye and/or its affiliates or licensors will and do retain all right, title and interest in and to the Software, and any and all patent, copyright, trademark, trade secret, and any other intellectual property or industrial rights in and to or relating to the Software, including any modifications, improvements, updates, and derivative works thereof. Maxeye reserves all rights and interests in and to the Software not expressly granted to You under this Agreement, and You do not acquire any other rights, express or implied, in the Software other than those rights expressly granted under this Agreement.
2.6 No Support. Maxeye has no obligation to provide technical support, maintenance, upgrades, updates, modifications, or new releases under this Agreement.
2.7 Updates. Maxeye, at its discretion, may make available to You updates or upgrades to the Software. The terms of this Agreement will govern any such update or upgrade provided by Maxeye to You that replaces, supplements, modifies, or enhances the Software, except that if such upgrade or update is accompanied by a separate set of terms, those terms will govern to the extent of any conflict with or terms that are in addition to this Agreement.
3. Warranties and Remedies
3.1 Limited Warranties. Maxeye warrants that the Software, when used in accordance with the Documentation and the terms and conditions of this Agreement, will materially perform in accordance with the Documentation for a period of (a) 2 years if You are resident in Europe, Africa or the Middle East, or (b) ninety (90) days if You are resident elsewhere from the date the Software is first downloaded by You, or if the Software is preloaded onto Your Product, then the date the Product is activated by You ("Warranty Period"). In the event that the Software does not comply with the foregoing warranty during such Warranty Period, then Maxeye shall make commercially reasonable efforts to correct such non-compliance by repairing or replacing the Software at no additional charge to You. If Maxeye determines that repairing or replacing the Software is not feasible, would be disproportionate, cannot be completed within a reasonable time or would require unreasonable inconvenience, Maxeye in lieu of repair or replacement may offer an appropriate reduction or refund of any fees paid by You.
THE SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED, PERMITTED, OR INTENDED FOR USES RELATED TO HIGH RISK ACTIVITIES. THIS PARAGRAPH STATES THE ENTIRE LIABILITY AND OBLIGATION OF MAXEYE UNDER THIS AGREEMENT, AND YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT THAT THE SOFTWARE DOES NOT COMPLY WITH THE FOREGOING WARRANTY. MAXEYE DOES NOT WARRANT UNDER THIS AGREEMENT THAT: (A) THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) THE SOFTWARE WILL BE COMPATIBLE WITH OR OPERATE ON ANY PRODUCT OTHER THAN THE PRODUCT AS DEFINED HEREIN, OR (C) ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
This Agreement contains no warranties from Maxeye for the hardware components of any Products, which are subject to any separate warranty provided by the manufacturer or seller of such components.
MAXEYE WILL HAVE NO WARRANTY OBLIGATIONS UNDER THIS PARAGRAPH IF SUCH NON-COMPLIANCE IS CAUSED BY UNAUTHORIZED USE OF THE SOFTWARE, ABUSE, MISUSE, ALTERATION, NEGLECT, OR ACCIDENTAL DAMAGE OF THE SOFTWARE OR ANY REPAIR OR MODIFICATION OF THE SOFTWARE NOT PERFORMED BY Maxeye. REPLACEMENT OR REPAIR OF SOFTWARE DOES NOT EXTEND ITS WARRANTY PERIOD BEYOND THE ORIGINAL WARRANTY PERIOD. MAXEYE DOES NOT WARRANT THE THIRD PARTY SOFTWARE. However, if You discover a serious defect which is caused by or is attributable in whole or in part to the Third Party Software, Maxeye will attempt to report such defect to the licensor of the Third Party Software for possible action. Maxeye cannot guarantee that the licensor will take any action to remedy such defect. If such defect is reported to Maxeye within the Warranty Period, and Maxeye is not able to obtain a resolution of the defect from the licensor of the Third Party Software within such Warranty Period, Maxeye in its sole discretion may offer an appropriate reduction or refund of any fees paid by You.
3.2 Disclaimers. Other than the express, limited warranties contained in this Agreement, Maxeye MAKES UNDER THIS AGREEMENT NO OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SOFTWARE. UNDER THIS AGREEMENT; Maxeye MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. Maxeye DOES NOT WARRANT THE ACCURACY OF ANY Data that You have transferred FROM Your Authorized HardwarE Device with the software.
3.3 Contact Information. Correspondence regarding or arising under this Agreement should be directed to first contact Maxeye Customer support at [http://www.stylustek.com].
This Agreement is effective until terminated. Additionally, Your rights and licenses under this Agreement will automatically terminate and cease to be effective, without any notice or action by Maxeye, in the event that You fail to comply with any term of this Agreement. Upon termination of this Agreement, You will cease all use of the Software and permanently delete and make unrecoverable the Software and all copies thereof (including Your back-up copy and all Documentation) from Your computer and any similar device on which it was installed. Upon any termination of this Agreement, Sections 1, 2.2, 2.5, 3.2, 4 and 5 will survive.
5. General Terms
5.1 Law. This Agreement and all matters arising out of or relating to this Agreement will be governed by the mainland laws of China without giving effect to any choice of law rule. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. In the event of any controversy, claim, or dispute between the parties arising out of or relating to this Agreement or the Software, such controversy, claim, or dispute may be adjudicated solely in Shenzhen, located in China, and Maxeye and You each hereby irrevocably consent to the jurisdiction and venue of such court.
5.2 Limitation of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY AND ALL INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, USE OR COST OF SUBSTITUTE PROCUREMENT, INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE.
THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 5.2 AND IN THE OTHER PROVISIONS OF THIS AGREEMENT AND THE ALLOCATION OF RISK HEREIN ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH MAXEYE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.
NOTWITHSTANDING THE ABOVE, NOTHING IN THIS AGREEMENT LIMITS MAXEYE'S LIABILITY TO YOU IN THE EVENT OF: (I) DEATH OR PERSONAL INJURY TO THE EXTENT RESULTING FROM MAXEYE'S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS; OR (II) ANY FRAUDULENT ACT OR OMISSION OF Maxeye OR THAT OF ITS EMPLOYEES OR AGENTS; OR (III) TO THE EXTENT ARISING OUT OF ANY WILLFUL OR GROSSLY NEGLIGENT MISCONDUCT ON THE PART OF MAXEYE, OR (IV) under mandatory product liability LAWS.
5.3 Severability. If any provision of this Agreement is held to be illegal, invalid, or otherwise unenforceable, such provision will be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be severed and deleted from this Agreement, while the remainder of this Agreement will continue in full force and effect.
5.4 Compliance with Laws. You will comply fully with all applicable laws and regulations, including export laws and local laws of the country or region in which You reside, or in which You downloaded or use the Software. Without limiting the generality of the foregoing, You will not, and You will require Your representatives not to, export, direct or transfer the Software, or any direct product thereof, to any destination, person or entity restricted or prohibited by the applicable law.
5.5 Entire Agreement; General. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. This does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between You and Maxeye. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The waiver by either party of any default or breach of this Agreement may only be made in writing and will not constitute a waiver of any other or subsequent default or breach.
BY CLICKING ON THE "AGREE" BUTTON BELOW, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY ANY APPLICABLE THIRD-PARTY SOFTWARE COMPONENTS LICENSES, (3) THE INDIVIDUAL SO CLICKING HAS THE POWER, AUTHORITY, AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOU AND, (4) BY SO CLICKING, THIS AGREEMENT CONSTITUTES BINDING AND ENFORCEABLE OBLIGATIONS OF YOU.
© 2018 Maxeye Co., Ltd. All rights reserved
1.1. "Personal Data" means any information which – either alone or in combination with other information we can access – relates to You as an identified or identifiable individual, such as a User's name, email address, age, or place of residence. Personal Data does not include aggregate or de-identified information, meaning information from which personally identifying characteristics have been removed.
1.2. “User” means an individual who uses StylusTek App.
2.2. Separate privacy policies apply when You access a Maxeye website or use other Maxeye services or subscribe to the Maxeye Cloud. Check the website or the respective other service to obtain that information.
3. Collection and Use of Personal Data by Maxeye
We collect certain information every time You use StylusTek App. This information is collected, processed and used for specific purposes which we list below. The specific types of Personal Data we collect depend upon Your usage of StylusTek App.
3.1 Information You provide. You can use StylusTek App without providing Personal Data. During the setup process You will be required to enter a unique name of the hardware device which You want to connect to StylusTek App in order for StylusTek App to identify the device. You are free to choose a term that is not attributable to an individual (e.g. which does not include Your real name).
It is the main functionality of StylusTek App to transfer the contents You enter into the StylusTek which You have connected to StylusTek App. This content may include Personal Data – depending on whether You include such Personal Data into the content or not. This content is stored in the local memory of Your hardware device on which You use StylusTek App. If You have signed up for the Maxeye Cloud and activated the respective function, the content (including as the case may be Personal Data) is then synchronized to the Maxeye Cloud.
3.2 Information that is Automatically Collected. When You use StylusTek App, we may automatically collect certain information as described below for purposes such as improvement of our Software, troubleshooting bugs, providing the functions of the Software, managing the services and improving overall performance of the Software. Such information includes aggregate usage data, technical session information and information about Your hardware device.
4. Disclosure of Personal Data to Others
4.1. Maxeye will disclose Personal Data only in the following circumstances: Maxeye may disclose all of Your Personal Data to service providers who contract with Maxeye to provide computer servers and related data processing services for the storage and transmission of data and communications. Maxeye may also provide Your Personal Data to service providers who provide other forms of support for StylusTek App. In any case, these providers will only use the data under the control and bound by instructions of Maxeye.
Maxeye may disclose Your Personal Data to legal authorities who are conducting an investigation, or as Maxeye believes in good faith is required by law, such as to respond to a subpoena or other Court order or requirement.
Maxeye may disclose and transfer Your Personal Data in connection with a merger, acquisition, or sale of Maxeye or its assets, or in the event of an insolvency, bankruptcy, or receivership.
Maxeye may disclose Your Personal Data in order to defend itself against claims or allegations made against Maxeye by You or anyone else as far as permissible under applicable law.
4.2. Maxeye will not sell or disclose Your Personal Data or User Content to any third parties other than as mentioned in Section 4.1.
5. Children Under 6
Children under the age of 6 are not allowed to become Users of StylusTek App. Maxeye will not knowingly collect or store Personal Data from or relating to anyone under the age of 6.
6. Data Security
Maxeye will take reasonable measures to secure any Personal Data provided by Users in connection with StylusTek App.
7. Information requests and contact information
8. Changes and Updates to this Privacy Notice