End-User License Agreement

This document is an agreement between the end user (“You”) of the licensed application You have downloaded from the list below and any related electronic documentations associated with it  (“Licensed Application”) and Canon Europa N.V, having its place of business at Bovenkerkseweg 59, 1185 XB Amstelveen, Netherlands (“Application Provider”) (and/or its third party suppliers or subsidiary or affiliated companies). Licensed Application may mean and include EOS Companion or Lens Guru and their updated versions (unless specific terms are provided).

You may download the Licensed Application from a website operated by Apple Inc. (“Apple”) for licensed use with or on an Apple ® branded mobile device (such as an iPhone® , iPad® or iPod®) or other Apple proprietary handheld software platform operating on a wireless handheld device (each an “Apple Device”); or from a website operated by Google Inc. (“Google”) for licensed use with or on an Android TM branded mobile device or other Android proprietary handheld software platform operating on a wireless handheld device (each, an “Android Device”) (collectively, the “Device”).

BY INSTALLING OR USING THE LICENSED APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT PLEASE DO NOT INSTALL OR USE THE LICENSED APPLICATION.  In the case that You are attempting to download from a website operated by Apple, You further acknowledge and agree that Apple and Apple subsidiaries are third party beneficiaries of the EULA and that upon Your acceptance of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary.

The Licensed Application is licensed, not sold, to You for use only under the terms of this license, unless a separate agreement is entered into between You and the Application Provider, in which case the terms of that separate agreement will govern the use of the Licensed Application subject to Your prior acceptance of that separate agreement. The Application Provider reserves all rights not expressly granted to You.

a. Scope of License

This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any Device that You own or control. This license does not allow You to use the Licensed Application on any Device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will prevail.

b. Consent to Use of Data

You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You and only for as long as it is necessary to do so. In using the Licensed Application You may be asked to provide a name for your Device, You agree to provide a name, description or other data that cannot identify you personally.

c. Termination

The license is effective until terminated by You by removing or un-installing the Licensed Application or terminated by the Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

d. Services

Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and be subject to additional terms of service.

You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

You agree that Services contain proprietary content, information and material that is protected by applicable intellectual property rights and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Device are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Third Party Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

e. NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

You acknowledge that the Licensed Application has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Licensed Application as described in the documentation meets your requirements.

You acknowledge that the Licensed Application may not be free of errors or bugs and you agree that the existence of any minor errors shall not constitute a breach of this License.

You further acknowledge that events beyond Application Provider’s, Application Provider’s subsidiaries and affiliates reasonable control may affect, limit or prevent the use or access to the Licensed Application whether temporarily or permanently.

f. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of 50 Euros (fifty Euros). Alternatively, in the event You have paid a fee for the Licensed Application you may notify Apple or Google, to which You have paid for downloading and Using the Licensed Application, and Apple or Google will refund such fee according to their own applicable terms and conditions. Apple or Google shall have no other liability or responsibility whatsoever and howsoever arising in connection with the use, non-use or defect of the Licensed Application. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. Export Laws

You may not use or otherwise export or re-export the Licensed Application except as authorized by the United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application 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 Licensed Application, 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.

h. Commercial Items

The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. Laws

This Agreement shall be governed and interpreted in accordance with Dutch Laws. All disputes between the parties which may arise from this Agreement will be resolved exclusively by the District Court of Amsterdam the Netherlands. The Application Provider shall have, however, the sole right to waive this Section and to enforce this Agreement under the local law and/or jurisdiction of the user.

j. Contact information

In the unlikely event you are not fully satisfied with the Licensed Application or have any questions, or require support please contact your local Canon office or reseller.

k. OSS used in the Licensed Application

 

The Photo Companion Licensed Application uses the following Open Source Software

  1. Keychain helper OSS for iOS/Swift is licensed under the MIT License-Copyright (c) 2015 Marketplacer a copy of the OSS and licence can be obtained at https://raw.githubusercontent.com/marketplacer/keychain-swift/master/LICENSE

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:


    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


  2. ObjectMapper OSS is licensed under the MIT License (MIT)-Copyright (c) 2014 Hearst. A copy of the OSS and licence can be obtained at https://raw.githubusercontent.com/Hearst-DD/ObjectMapper/master/LICENSE

    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:


    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


  3. Alamofire OSS. A copy of the OSS and licence can be obtained at https://raw.githubusercontent.com/Alamofire/Alamofire/master/LICENSE

    Copyright (c) 2014-2016 Alamofire Software Foundation (http://alamofire.org/)


    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:


    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


  4. Bond OSS. A copy of the OSS and licence can be obtained at https://raw.githubusercontent.com/SwiftBond/Bond/master/LICENSE

    Copyright (c) 2015-2016 Bond


    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:


    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT HALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


  5. UICollectionViewLeftAlignedLayout OSS is licensed under https://raw.githubusercontent.com/mokagio/UICollectionViewLeftAlignedLayout/master/LICENSE

    Copyright (c) 2014 Giovanni Lodi


    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:


    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


  6. RFQuiltLayout OSS is licensed under https://raw.githubusercontent.com/bryceredd/RFQuiltLayout/master/LICENSE.md

    Copyright (c) 2012 ITV LLC


    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:


    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


  7. ICSPullToRefresh OSS is licensed under https://github.com/icodesign/ICSPullToRefresh.Swift/blob/master/LICENSE

    Copyright (c) 2015 Lei Wang


    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:


    The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.


    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


  8. Fabric OSS is licensed under and a copy can be obtained via http://www.apache.org/licenses/LICENSE-2.0

    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.


    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
    See the License for the specific language governing permissions and limitations under the License.


  9. Tealium OSS is licensed under https://github.com/Tealium/tealium-ios/blob/master/LICENSE.txt License Agreement

    Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.


    Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.


Thank You for Your interest in our Tealium iOS Library (the "Software"), owned and licensed by Tealium Inc. (“Tealium,” "Our," “We,” or “Us”). Please read this license agreement (the "Agreement") carefully, as it contains the terms and conditions that govern Your use of and access to the Software


You may not access the Software if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Software for purposes of monitoring the availability, performance, or functionality, of any of our products and services or for any other benchmarking or competitive purposes.


BY DOWNLOADING THE SOFTWARE OR BY EXECUTING A TEALIUM PROVIDED ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT, IN WHICH CASE THE TERMS "YOU" OR "YOUR" WILL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SOFTWARE.


The term of Your license to use the Software (the "Term") will begin when You accept this Agreement as set forth above and will continue until terminated pursuant to the provisions of the "Cancellation and Termination" section below. During the Term, We grant You a non-exclusive, non-transferable, royalty-free, limited license (with no right to sublicense) to use the Software to do the following:


develop software applications and functionality designed to be used in conjunction with Tealium's products and services;
conduct quality assurance testing to ensure compatibility between your software application and Tealium's products and services; and
conduct support testing to troubleshoot compatibility between your software application and Tealium's products and services.



During the Term, Tealium further grants to You a non-exclusive, non-transferable, royalty-free, limited world-wide license (with no right to sublicense) to market, reproduce, and distribute applications incorporating the integration You develop under this Agreement, either directly or through multiple levels of distributors, Your end users, but only under an end-user license agreement with terms that are as protective of Tealium's rights as this Agreement.

We do not grant any other rights to the Software. You may only use the Software during the Term, we reserve all rights not expressly granted under this Agreement, and there are no implied rights or other rights We grant hereunder, whether by estoppel or otherwise. You may not: (i) copy or reproduce the Software (except for reasonable archival purposes); (ii) modify or create any derivative works of the Software; (iii) decompile, disassemble, or reverse engineer the Software (except to the extent expressly permitted under applicable law); or (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. Further, You may not use the Software for any illegal or unauthorized purpose.

Tealium will retain all title, ownership, and Intellectual Property Rights in the Software and any derivative works thereof. “Intellectual Property Rights” will mean all patent, copyright, trade secret, trademark and other proprietary and intellectual property rights, including moral rights. The Software is protected by copyright and other intellectual property laws and by international treaties. You agree that We will own all suggestions, enhancements requests, feedback, recommendations, or other input provided by You or any other party relating to the Software. Other than the use licenses expressly granted in this Agreement, neither this Agreement nor its performance transfers from Us to You any Tealium intellectual property.

General Conditions and Restrictions
Your use of the Software is at Your sole risk.
You agree that Tealium is under no obligation to provide You with support for the Software, or to provide You with updates or error corrections ("Updates") to the Software. If Tealium, at its sole discretion, decides to provide You with Updates, Updates will be considered part of Software, and subject to the terms of this Agreement.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion or feature of the Software or access to the Software without express written permission from Tealium.

No Warranty
THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND TEALIUM EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TEALIUM DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE COMPLETE, ACCURATE, OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEALIUM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TEALIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING ANY SUCH DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SOFTWARE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE; TERMINATION OF YOUR ACCOUNT; OR ANY OTHER MATTER RELATING TO THE SOFTWARE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TEALIUM’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THE SOFTWARE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OR EITHER (1) THE AMOUNT YOU PAID TO TEALIUM IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM OR (2) ONE HUNDRED FIFTY DOLLARS (USD 150.00).

Cancellation and Termination
Tealium, in its sole discretion, may terminate your license, for any reason at any time.
You, in your sole discretion, may terminate this Agreement immediately upon written notice to Tealium.
Upon termination or expiration of this Agreement, You will immediately cease use of and destroy the original and all copies of the Software in Your possession or control. Upon Tealium's written request, You will confirm to Tealium in writing that You have complied with all provisions of this Agreement.
Either party may terminate this Agreement upon written notice to the other party, for any material breach by the other party, if such breach is not cured within thirty (30) days after the non-breaching party provides the allegedly breaching party with written notice of such breach.

Miscellaneous
This Agreement will be governed by the laws of the State of California without giving effect to any conflicts of laws principles that may require the application of the law of a different jurisdiction. For any dispute or proceeding arising from or relating to this Agreement, You agree to submit to the jurisdiction of, and agree that venue is proper in, the state courts located in San Diego County, California, and in the federal courts located in the Southern District of California. The failure of Tealium to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between You and Tealium and governs Your use of the Service Your use of the Service, superseding any prior agreements between You and Tealium (including, but not limited to, any prior versions of the Agreement).

Copyright notices/ acknowledgements

Apple, iPad, iPhone and iPod are trademarks of Apple Inc., registered in the U.S. and other countries;
Google is a trademark of Google Inc.
Android is a trademark of Google Inc.

By using the Lens Guru Application you acknowledge agree that the Services and/or Licensed Application attract the following copyright protection:

1. AndroidAnnotation

AndroidAnnotations was created by Pierre-Yves Ricau and is sponsored by eBusinessInformations.

For more information about this open software, please go to http://github.com/excilys/androidannotations/wiki

2. AFNETWORKING

The MIT License (MIT)

Copyright (c) <year> <copyright holders>

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.