Last updated: January 31, 2021
BEFORE USING THE APPLICATION, PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY USING THE APPLICATION, YOU ARE ACCEPTING THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, YOU MAY NOT USE THE APPLICATION.
This End User License Agreement (“Agreement”) is a legal agreement between you (“Licensee” or “you”) and Eureka System S.r.l. (“Company”).
This Agreement governs your rights and obligations and your use of any Look To Aid product (referred to herein as the “Application”), together with any updates/upgrades provided by the Company, any printed, on-line or other electronic documentation for such software, and any data files created by operation of such software.
Notwithstanding the foregoing, any software in the Application having a separate end user license agreement (including, but not limited to, GNU General Public license and Lesser/Library General Public License) shall be covered by such applicable separate end user license agreement in lieu of the terms of this EULA to the extent required by such separate end user license agreement (“Third-Party Materials”).
The Application is licensed, not sold. Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this Application are held by the Company and/or its licensors. The Application is protected by copyright and other intellectual property laws and international treaties.
BY USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY TO BE BOUND BY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR DEVICES.
Subject to the terms of this Agreement and your subscription in accordance this Agreement, the Company merely grants you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to download, install and use the software on computers or devices owned or otherwise controlled by you (“your Devices”) within the scope and for the purposes of this Application and strictly in accordance with the terms of this Agreement.
This license does not grant you any rights to access, usage, or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Company’s sole property (excluding Third-Party Materials).
Without prejudice to the above, under this license you may download, install, use and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards.
The Owner reserves the right to release updates, fixes and further developments of this Application and/or its related software and to provide them to Users for free. Users may need to download and install such updates to continue using this Application and/or its related software.
(a) Monthly Subscription: You subscribe to the Application on a monthly subscription basis, paying the monthly fee in advance to access and use the Application, in accordance with the Sales Contract (endorsed and signed by Licensee and the Company).
Fees are described in the applicable service listing on the third-party service from which you accessed the Application, or the Application website. The first monthly fee will start to accrue as of the first day immediately following the Free Trial period (if applicable). The Company reserves the right to suspend your access to and use of the Application if you fail to pay any undisputed amount owed on or before its due date. You may cancel your subscription at any time by providing written notice to the Company; upon cancellation, you will be able to access your subscription and receive updates of the relevant subscription until the subscription termination date.
(b) Refunds: The Company may provide you a refund of the full subscription price in accordance with both parties and in accordance with the Sales Contract previously endorsed.
Licensee agrees not to, and will not permit others to:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, transmit, host, outsource, sublicense, assign, distribute, publish, transfer, or otherwise or otherwise commercially exploit the Application or any features or functionality of the Application without the Company’s prior consent, granted either directly or through a legitimate reselling program.
Reservation of Rights
You acknowledge and agree that the Application is provided under license on a subscription basis, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. The Company reserves and shall retain its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Third-Party Materials and open-source components
The Application may display, include, or make available third-party content, such as data, information, applications, or other products services and/or materials (“Third-Party Materials”). You acknowledge and agree that the Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials.
Certain Third-Party Materials may be covered by open-source software, which means any software licenses approved as open-source licenses by the Open-Source Initiative or any substantially similar licenses, including but not limited to any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format.
Such terms and conditions may be changed by the applicable third party at any time without liability to you. To the extent required by the licenses covering Third-Party Materials, the terms of such licenses will apply in lieu of the terms of this EULA. To the extent the terms of the licenses applicable to Third-Party Materials prohibit any of the restrictions in this EULA with respect to such Third-Party Materials, such restrictions will not apply to such Third-Party Materials. To the extent the terms of the licenses applicable to open-source Third-Party Materials require the Company to make an offer to provide source code in connection with the Application, such offer is hereby made.
Property rights and licenses of Third-Party Materials: click here for more info
Internet connectivity and Third-Party Services
You acknowledge and agree that access to certain Application features may require an Internet connection for which you are solely responsible. Further, you are solely responsible for payment of any third-party fees associated with your Internet connection, including but not limited to Internet service provider or airtime charges. Operation of the Application may be limited or restricted depending on the capabilities, bandwidth or technical limitations of your Internet connection and service. The provision, quality and security of such Internet connectivity are the sole responsibility of the third party providing such service.
To use the Application you must register or create a user account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Application.
You are responsible for keeping your login credentials confidential and safe. For this reason, you are also required to choose passwords that meet the highest standards of strength permitted by this Application.
By registering, you agree to be fully responsible for all activities that occur under your username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to user accounts, access credentials or personal data, have been violated, unduly disclosed, or stolen.
Users can terminate their account and stop using the Application at any time.
Account suspension and deletion
The Company reserves the right, at its sole discretion, to suspend or delete at any time and without notice, the accounts which it deems inappropriate, offensive or in violation of these Agreement. The suspension or deletion of user accounts shall not entitle users to any claims for compensation, damages, or reimbursement.
The suspension or deletion of accounts due to causes attributable to the Licensee does not exempt the Licensee from paying any applicable fees or prices.
Collection and Use of Information
(a) You acknowledge that when you use, download, or install the Application, the Company may use automatic means to read, collect, transfer, process and store information about your Devices and about your use of the Application. You also may be required to provide certain information about yourself as a condition to using the Application or certain of its features or functionality through your personal account. All account information the Company collect through or in connection with this Application is used solely for account management and operating purposes. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by the Company with respect to your account information.
(b) You warrant that: (i) you have all necessary rights to provide the Data to the Company and warrant that the Data was not collected, generated, compiled, obtained and/or being supplied to the Company in any manner that would subject the Company to legal or regulatory liability for the use as contemplated herein; (ii) your providing the Data to the Company does not infringe any rights of any third party; (iii) there are no material suits, claims, charges or proceedings currently pending or threatened against you relating to the Data.
The Company will not intentionally use such information to personally identify the owner or user of the Application without your knowledge or consent.
Information may be processed, stored, or transferred to countries outside of your country of residence. Data protection and information privacy laws in certain countries may not offer the same level of protection as your country of residence and you may have fewer legal rights in relation to Information processed and stored in, or transferred to, such countries. The Company will use reasonable efforts to take appropriate technical and organizational steps to prevent unauthorized access to or disclosure of information, but does not warrant it will eliminate all risk of misuse of such information.
Content provided by you
The Company allows you to upload, share or provide your own content to this Application. By providing content to this Application, you confirm that you are legally allowed to do so and that you are not infringing any statutory provisions and/or third-party rights.
Liability for such provided content
You are solely liable for any content you upload, post, share, or provide through this Application. You acknowledge and accept that the Company does not filter or moderate such content.
However, the Company reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading user access to this Application:
(a) if any complaint based on such content is received;
(b) if a notice of infringement of intellectual property rights is received;
(c) upon order of a public authority; or
(d) where the Company is made aware that the content, while being accessible via this Application, may represent a risk for users, third parties and/or the availability of the Application.
The removal, deletion, blocking or rectification of content shall not entitle Licensees that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Licensees agree to hold the Company harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.
Access to external resources
Through this Application you may have access to external resources provided by third parties. You acknowledge and accept that the Company has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
This Application may only be used within the scope of what it is provided for, under these Agreement and applicable law.
You are solely responsible for making sure that your use of this Application violates no applicable law, regulations or third-party rights.
Therefore, the Company reserves the right to take any appropriate measure to protect its legitimate interests including by denying you access to this Application, terminating contracts, reporting any misconduct performed through this Application to the competent authorities – such as judicial or administrative authorities – whenever you engage or are suspected to engage in any of the following activities:
(a) violate laws, regulations and/or these Terms;
(b) infringe any third-party rights;
(c) considerably impair the Company’s legitimate interests;
(d) offend the Company or any third party.
The Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). The Company reserves the right to release updates, fixes and further developments of this Application and/or its related software and to provide them to you for free. You may need to download and install such updates to continue using this Application and/or its related software.
Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Web settings, when your Devices are connected to the internet either:
(a) the Application will automatically make available the Updates; or
(b) you may receive notice of or be prompted to download and install available Updates on your connected device.
You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
To ensure the best possible service level, the Company reserves the right to interrupt the Application and/or its services for maintenance, system updates or any other changes, informing you appropriately.
Within the limits of law and without liability to you, the Company may also decide to suspend or discontinue, temporarily or permanently, the Application or any service to which it connects. If the Application is terminated, the Company will cooperate with you to enable you to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Application might not be available due to reasons outside the Company’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Term and Termination
(a) This Agreement shall remain in effect until terminated by you or the Company as set forth in this Section.
(b) You may terminate this Agreement by stopping your use of the Application, deleting your personal account, the Application, and all copies thereof from your Devices.
(c) The Company may terminate this Agreement at any time with reasonable advance notice if the Company ceases to support the Application, which the Company may do in its sole discretion. Other reasons for removal include: (i) an allegation or actual infringement of any intellectual property right or right of publicity or privacy of any third-party; (ii) an allegation of actual defamation; (iii) an allegation or determination that the Application does not comply with applicable law; (iv) the Company ceasing to do business; or (v) the Company filing a petition in bankruptcy, dissolving, or otherwise finding itself unable to pay its debts as they come due.
(d) This Agreement will terminate immediately and automatically without any notice if you fail to comply with any provision of this Agreement or violate any of its terms and conditions.
(e) An Application may be unpublished at any time.
(f) Upon termination: (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Application, cancel your account, and delete all copies of the Application from your Devices.
(g) Termination will not limit any of the Company’s rights or remedies at law or in equity.
Your Account Responsibilities
Should you return your connected Device to its place of purchase, sell, or otherwise transfer your Device, or if this EULA is terminated, you are responsible for and must uninstall the Application from the Device and delete any and all accounts you may have established or have access to. You are solely responsible for maintaining the confidentiality of any accounts you have, and any usernames and passwords associated with your use of the Application.
Disclaimer of Warranties
You acknowledge and agree that use of the Application is at your sole risk and that you are responsible for use of the Application. The Application is provided strictly on an “as is” and “as available” basis.
To the maximum extent permitted by applicable law, the Company expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Company, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Application will meet the Licensee’s requirements; that the Application will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Application is downloaded at users’ own risk and users shall be solely responsible for any damage to Licensee’s computer system or mobile device or loss of data that results from such download or Licensee’s use of the Application.
The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Application or any hyperlinked website or service, and the Company shall not be a party to or in any way monitor any transaction between users and third-party providers of products or services.
The Application may become inaccessible or it may not function properly with Licensee’s web browser, mobile device, and/or operating system. The Company cannot be held liable for any perceived or actual damages arising from content, operation, or use of this Application.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to you. This Agreement gives Licensee specific legal rights, and Licensee may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
The Application is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Application could lead to death, personal injury, or severe physical or environmental damage (“High-Risk Activities”). The Company specifically disclaim any express or implied warranty, duty, or condition of fitness for High-Risk Activities.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
(a) any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Application;
(b) any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Application or user account or the information contained therein;
(c) any errors, mistakes, or inaccuracies of content;
(d) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Application;
(e) any unauthorized access to or use of the Company’s secure servers and/or any and all personal information stored therein;
(f) any interruption or cessation of transmission to or from the Application;
(g) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Application;
(h) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Application; and/or
(j) the defamatory, offensive, or illegal conduct of any Licensee or third party.
The Company shall not be liable for any incidental or consequential damages for breach of any express or implied warranty, breach of contract, negligence, strict liability or under any other legal theory related to the software, including, but not limited to, any damages arising out of loss of profits, loss of revenue, loss of data, loss of use of the software or any associated hardware, down time and user’s time, even if any of them have been advised of the possibility of such damages.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to you. The terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
You agree to indemnify, defend, and hold the Company and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including, but not limited to, legal fees and expenses, arising from
(a) your use of and access to the Application, including any data or content transmitted or received by you;
(b) your violation of these terms, including, but not limited to, your breach of any of the representations and warranties set forth in these terms;
(c) your violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
(d) your violation of any statutory law, rule, or regulation;
(e) any content that is submitted from your account, including third party access with your unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
(f) your willful misconduct; or
(g) statutory provision by you or your affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
Furthermore, you agree that the Company assumes no responsibility for the content you submit or make available through this Application.
The Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Should any provision of this Agreement be deemed or become in any form invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Amendments to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. Such changes will only affect the relationship with the User for the future. In such cases, the Company will appropriately inform you of these changes prior to any new terms taking effect, by posting notice on a designated Company website, by email notification to an email address provided by you, by providing notice as part of the process in which you obtain upgrades/updates or by any other legally recognizable form of notice.
What constitutes a material change will be determined at our sole discretion.
Your continued use of the Application after the effective date of any such notice shall be deemed your agreement to be bound by such amendment. If you do not agree to the amendment, you should promptly contact the Company for instructions. Failure to accept the revised terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the Licensee’s acceptance. You can obtain any previous version of the Agreement from the Company.
If required by applicable law, the Company will specify the date by which the modified terms will enter into force.
This Agreement constitute part of the entire agreement between you and the Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. Excluding the Sales Contract, in the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
If you have any questions about this Agreement, please contact the Company at email@example.com.