Terms and Conditions of Purchase and
End User License Agreement (EULA)

 

Effective Date: September 1,  2020
 

TERMS AND CONDITIONS OF PURCHASE

 

Please read these Terms and Conditions of Purchase (“Conditions”)  carefully - they set forth the important terms you will need to know about SOBEREYE, INC.’s products and services, its Website, and its applications developed or distributed for mobile devices operating the Android® and iOS® operating systems ("Applications") that access SOBEREYE, INC.’s mobile portal sites and display its content for viewing.

 

Use of SOBEREYE, INC.’s Online Service (“Online Service”) is governed by the Conditions below. Using the Online Service means that you agree to the Conditions. If you do not agree with any of the Conditions, do not use the Online Service. For information about how we use, process and share personal information that we may obtain about you, please review our Privacy Policy at:

 

https://www.sober-eye.com/privacy-policy

 

GENERAL TERMS

1. DEFINITIONS: As used below, “Seller” means SOBEREYE INC., "Product" means any product or service sold by Seller, and "Buyer" means a party purchasing any Product from Seller.

 

2. APPLICABLE TERMS: All sales by Seller to Buyer, whether initiated by written purchase order, electronic means, telephone or any other method, will be subject to the following: (i) if a formal agreement is then in effect between Buyer and Seller and applicable to such sale (a "Sales Agreement"), then any term in the Sales Agreement that conflicts with these Conditions will apply, and these Conditions will otherwise apply; and (ii) if no Sales Agreement is in effect, these Conditions, and the Product description and quantity specified in Buyer's order as accepted by Seller, will make up Buyer's complete contract with Seller.

 

To promote their safe and effective use, all Products are provided solely for use or consumption by Buyer, and any resale or other transfer of any such Products by Buyer is prohibited and will constitute a material breach of these Conditions.

 

3. MODIFICATION OF TERMS OF USE: These Conditions may be modified only by the written agreement of Buyer and Seller. By purchasing Products from Seller, Buyer confirms its agreement with these Conditions, and agrees that, even if Buyer sends Seller another form of agreement or terms, or modifications to these Conditions, and Seller does not respond, these Conditions shall govern.

 

4. PRICING: Product prices are determined by the Sales Agreement then in effect, if any. In the absence of a Sales Agreement, prices are determined by Seller’s list prices in effect at the time of shipment. Seller’s price quotations to Buyer will expire automatically 30 days after the date of quotation.

 

All prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs and taxes; provided that, Buyer shall not be responsible for any taxes imposed on, or with respect to, Seller’s income, revenues, gross receipts, personnel or real or personal property or other assets.

 

5. SHIPMENT TERMS AND DELIVERY: Unless otherwise agreed to in writing by Seller, all shipments shall be made CIP (as defined in Incoterms 2020) – a Seller-appointed party at an agreed-upon location. Title and risk of loss or damage to Products will pass to Buyer at the time such Products are first delivered to a commercial transportation carrier or appointed party for shipment. All delivery dates are estimates only. Buyer agrees that a variation of up to 10% in quantity delivered is acceptable to Buyer, and shall constitute fulfillment of an order.

 

6. PAYMENT TERMS: Payment will be due in full, in U.S. Dollars, within 30 days after the invoice date. Buyer shall reimburse Seller for Seller’s costs of collection if Buyer fails to pay Seller within such 30-day period, including interest at the rate of 1.5% per month, or the maximum interest rate permitted by applicable law, whichever is less, on any past-due amounts. If Buyer is in default of its obligations hereunder, files for bankruptcy, or is reasonably believed by Seller to be insolvent, then Seller, in Seller’s sole discretion, reserves the right, without prejudice to any other rights or remedies which Seller may have under the applicable law, to (i) suspend or withhold shipments of Product to Buyer, or cease any performance, until such time as payment is received from Buyer in full, (ii) reject any new purchase orders received from Buyer, and (iii) retain ownership of any re-usable packaging. Buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Seller, whether relating to Seller’s breach, bankruptcy or otherwise. Seller shall endeavor to issue a general notice on the Online Service with regard to any imposition of fees or modifications to the Online Service.

 

7. ORDER CANCELLATION: Cancellation of any order, or return of any conforming Product, will be subject to acceptance by Seller and to a restocking charge in accordance with Seller’s policy then in effect. Neither course of performance or dealing, nor usage of trade, nor prior writings or agreements shall be used to qualify, explain or supplement any of these Conditions of Sale. The invalidity, in whole or in part, of any term herein, shall not affect any other term, each of which shall be enforced to the full extent permitted by law. These Conditions are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Conditions.

 

8. WAIVER: No waiver by Seller of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

 

9. NOTICES: All notices, request, consents, claims, demands, waivers and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth on the face of the Seller’s acceptance of an order or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.

 

INTELLECTUAL PROPERTY RIGHTS

10. OWNERSHIP: All content, text, images, data, information and other material displayed, available or present on the Online Service ("Content"), including any intellectual property rights in the Content (including without limitation trademarks and copyrights) ("Intellectual Property Rights"), are the property of Seller, its affiliates, its licensors or designated owners, and are protected by applicable intellectual property laws. Buyer should assume that everything they see or read on the Online Service is copyrighted unless otherwise noted, and may not be used without our written permission, except as otherwise provided in these Conditions.

 

Any suggestions Seller makes about possible articles, designs or uses of Products do not give Buyer a license under any patent or other intellectual property right covering such articles, designs or uses, nor are they a recommendation that Buyer use any Product in a manner that may infringe any patent or other intellectual property right. Seller shall not be responsible for, and Buyer shall hold Seller harmless against, any damages and costs incurred by Seller as a result of any claim of infringement of another person’s patent or other intellectual property right that arises from Seller's compliance with any specification or instruction provided by Buyer. If Buyer becomes aware of any claim of the type described above, it will promptly notify Seller in writing and give Seller all necessary information, assistance and exclusive authority for the defense of any such claim and its settlement.

 

11. CONFIDENTIAL INFORMATION: All non-public, confidential or proprietary information of Seller’s, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by Seller to Buyer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as "confidential" in connection with this contract is confidential, solely for the use of performing this contract and may not be disclosed or copied unless authorized in advance by Seller in writing. Upon Seller's request, Buyer shall promptly return all documents and other materials received from Seller. Seller shall be entitled to injunctive relief for any violation of this clause.

 

This clause does not apply to information that Buyer can document is: (i) in the public domain; (ii) known to Buyer at the time of disclosure; or (iii) rightfully obtained by Buyer on a non-confidential basis from a third party.

 

12. AUTHORIZED AND PROHIBITED USES: Buyer may download copies of the Content from Seller’s Website only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as Buyer complies with these Conditions and applicable laws. Content downloaded from Seller’s Website or for viewing on mobile devices using the Applications may not be printed. Except as may otherwise be expressly authorized by these Conditions, Buyer may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of the Online Service or the Content without Seller’s prior written permission. Buyer agrees not to infringe any Intellectual Property Rights or remove or modify related proprietary notices contained in the Online Service or the Content.

 

13. SOFTWARE DOWNLOADS: Any Seller Online Service software made available for download ("Software") or provided to Buyer by Seller is the copyrighted work of Seller and/or its affiliates or suppliers. The Software is made available solely for Buyer’s use pursuant to the end user license agreement ("EULA") applicable to the Software, and any reproduction or redistribution of the Software other than as permitted in the EULA is expressly prohibited by law and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Please also note that downloading Software is prohibited from any of the countries to which the export of software is prohibited by the U.S. Department of Commerce. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited.

 

14. RESTRICTED RIGHTS: Information downloaded from or for the Online Service for or on behalf of the Government of the United States of America and/or its agencies ("US Government") is provided with Restricted Rights. Use, duplication, or disclosure by the US Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.

 

ONLINE SERVICE ADMINISTRATION

15. ACCESS ARRANGEMENTS AND FEES: Buyer’s use of the Online Service shall be in accordance with any and all procedures, forms, formats, displays and operating times which may be determined, specified or modified by Seller in its discretion. Buyer is responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for Seller to access or use the Online Service.

 

16. LINKING: Unless otherwise agreed upon between Buyer and Seller, no link shall be made to any page of the Online Service except a direct link to the top page of the Website (https://www.sobereye.com) without framing. Any link to the Website must be immediately followed by notice to Seller via e-mail at info@SOBEREYE.com. Moreover, in the event Seller deems Buyer’s linking practices in relation to the Online Service to be inappropriate, Seller may provide Buyer with notice concerning removal or modification of the inappropriate link, and Buyer must comply with any and all requirements of Seller relating such notice.

 

17. ACCESS TO ONLINE SERVICE: While Seller's objective is to make the Online Service accessible 24 hours per day, 7 days per week, the Online Service may be unavailable from time-to-time for any reason including, without limitation, routine maintenance. Buyer understands and acknowledges that circumstances both within and outside of the control of Seller may cause unexpected interruption, suspension or termination of the Online Service. Seller shall have the right at any time to change or discontinue any aspect or feature of the Online Service, including, but not limited to, Content, hours of availability and equipment needed for access or use.

 

18. IMPORT/EXPORT CONTROL: Buyer agrees not to submit any Content to the Online Service or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.

BUYER AND SELLER RIGHTS AND OBLIGATIONS

 

19. AUTHORIZED AND PROHIBITED USES: Buyer may download copies of the Content from this Website only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Conditions and applicable laws. Content downloaded from this Website or for viewing on mobile devices using the Applications may not be printed. Except as may otherwise be expressly authorized by these Conditions, you may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of the Online Service or the Content without our prior written permission. Buyer agrees not to infringe any Intellectual Property Rights or remove or modify related proprietary notices contained in the Online Service or the Content.

 

20. COMPLIANCE: Buyer agrees to comply with all applicable laws in connection with your use of the Online Service.

 

21. UNSUITABLE CONTENT AND CONDUCT: Buyer agrees not to engage in conduct or submit to the Online Service any User Submission or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable. Buyer agrees not to cause damage, embarrassment or adverse publicity to Seller.

 

22. FUNCTIONAL COMPATIBILITY AND SYSTEM ABUSE: Any User Submission that Buyer makes will be functionally and technically compatible with the Online Service. Buyer will not attempt to and will not damage, corrupt, tamper with, or infect the Online Service, the Content, or any information or telecommunication system of Seller with a virus or other malicious computer program. Buyer will only use the Online Service for the permitted purposes stated in these Conditions and will not engage in abusive activity regarding the Online Service or undertake any other activity which may adversely affect the use of the Online Service by any person. Buyer is prohibited from using any services or facilities provided in connection with the Online Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If Buyer becomes involved in or connected to any violation of system security, Seller reserves the right to release Buyer’s details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents.

 

23. BUYER COOPERATION AND NOTIFICATION: Buyer agrees to cooperate with all reasonable requests of Seller and will notify Seller promptly upon learning of any actual or suspected breach of these Conditions by you, or your unauthorized use or abuse of the Online Service.

 

24. EVENTS BEYOND SELLER’S CONTROL: Seller will not be responsible if Seller's performance of any obligation hereunder (other than the payment of money) becomes impossible or commercially unreasonable due to any cause or event beyond Seller’s reasonable control, including, without limitation, acts of God, acts of any governmental authority, acts of Buyer, acts of terrorism, war, civil disturbance, global health conditions (including any epidemic, pandemic or disease outbreak (including the COVID-19 virus)), labor disruption or strike, fire, explosion, release of dangerous or hazardous materials, inability to obtain necessary raw materials, utilities, transportation, machinery or services, and any similar or dissimilar cause or event.

 

25. ASSIGNMENT: No assignment of any rights or delegation of any duties of Buyer shall be valid or binding unless such assignment or delegation is in writing and Seller provides prior written approval of such assignment or delegation.

 

WARRANTIES AND LIMITATIONS

26. WARRANTY DISCLAIMERS: The Online Service, its Content, and its links are provided on an "as is" basis and are used only at Buyer’s sole risk, to the fullest extent permissible by law. Seller disclaims all warranties, express or implied, of any kind, regarding the online service (including its content, hardware, software and links), INCLUDING ANY IMPLIED WARRANTIES as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus.  IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO BUYER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

27. PRODUCT PERFORMANCE DISCLAIMER: BUYER AND/OR THE PERSON USING SELLER’S PRODUCTS (“TEST-TAKER”) ACKNOWLEDGES THAT THESE PRODUCTS ARE INTENDED FOR THE SOLE PURPOSE OF DETECTING THE POSSIBILITY OF IMPAIRMENT AND SHOULD NOT BE USED AS THE BASIS FOR MAKING A DETERMINATION OF WHETHER OR NOT BUYER AND/OR TEST-TAKER IS IN AN APPROPRIATE CONDITION FOR THE OPERATION OF A MOTOR VEHICLE OR EQUIPMENT, OR FOR THE PERFORMANCE OF ANY OTHER DANGEROUS ACT.

THE TEST RESULTS DO NOT GUARANTEE THAT THE BUYER AND/OR TEST-TAKER IS ABLE TO OPERATE A MOTOR VEHICLE OR EQUIPMENT, OR PERFORM ANY OTHER DANGEROUS ACT. THE TEST RESULTS DO NOT GUARANTEE THAT THE TEST-TAKER IS IN A CONDITION THAT WOULD ALLOW THE TEST-TAKER TO LEGALLY OPERATE A MOTOR VEHICLE OR EQUIPMENT, OR PERFORM ANY OTHER DANGEROUS ACT. THE TEST RESULTS DO NOT GUARANTEE THAT THE TEST-TAKER IS IN A CONDITION THAT WOULD ALLOW THE TEST-TAKER TO PASS ANY OTHER IMPAIRMENT TEST.

BUYER AND/OR TEST-TAKER ACKNOWLEDGE THAT IT IS UNSAFE TO OPERATE ANY VEHICLE IMPAIRED AND ACCEPT FULL RESPONSIBILITY FOR HIS OR HER OWN DECISION TO OPERATE A MOTOR VEHICLE OR EQUIPMENT, OR PERFORM ANY OTHER DANGEROUS ACT.

 

28. LIMITATIONS ON LIABILITY AND REMEDIES: SELLERS'S ENTIRE LIABILITY AND BUYER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SELLER (INCLUDING WITHOUT LIMITATION BUYER’S USE OF THE ONLINE SERVICE) IS TO DISCONTINUE SELLER’S USE OF THE ONLINE SERVICE.

 

SELLER AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM BUYER’S USE OF THIS ONLINE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO BUYER’S USE OR REGISTRATION WITH SELLER. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF BUYER HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SELLER AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

 

SELLER DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS ONLINE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN BUYER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF SELLER WILL BE LIMITED TO, IN THE SOLE DISCRETION OF SELLER, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THE ONLINE SERVICE RECEIVED BY SELLER FROM BUYER.

 

29. INDEMNIFICATION: Buyer agrees to defend, indemnify and hold harmless Seller and its affiliates (including but not limited to subsidiaries, direct and/or indirect parent companies or sister companies), officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys' fees, arising in connection with Buyer’s use of the Online Service, online conduct, breach of these Conditions, or dealings or transactions with other persons resulting from use of the Online Service.

 

MISCELLANEOUS PROVISIONS

30. PRIVACY POLICY: Seller is concerned about privacy and has developed a policy to address privacy concerns. Buyer can find the current privacy policy at https://www.sober-eve.com/privacv-policy. The Privacy Policy is incorporated into these Conditions by reference and constitutes a part of these Conditions.

 

31. GOVERNING LAW: With respect to any and all disputes arising out of or in connection with the Online Service or these Conditions (including without limitation the Privacy Policy), Seller and Buyer agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another to achieve a mutually satisfactory resolution.

 

Seller has no obligation to become involved in any dispute between a Test-Taker and any other person. This Online Service, these Terms of Use and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. Seller and Buyer agree that all disputes arising under these Conditions shall be resolved by confidential binding arbitration administered by the American Arbitration Association ("AAA") in San Francisco, California, or another forum to which Seller and Buyer may mutually agree, pursuant to the Commercial Arbitration Rules ("Rules") of the AAA by a sole arbitrator nominated by agreement of Seller and Buyer and confirmed in accordance with the Rules.

 

If AAA is not hearing consumer commercial disputes at the time, Seller may select another arbitral body in its sole discretion. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. Buyer agrees that Seller is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Conditions pending a final arbitral decision.

 

32. ELECTRONIC COMMERCE: Buyer may not share any password, access code or similar credential issued to it by Seller, and Seller reserves the right to suspend or revoke any such credential. Buyer is solely responsible for ensuring the security and integrity of its ordering process. Any information provided by Seller via any Internet site or electronic communication (i) is subject to correction or change without notice, and (ii) is provided for the sole use of Buyer for purposes of facilitating individual transactions involving the purchase and sale of Products. Seller may issue electronic invoices for any purchases of Products made using the Internet, e-mail or any other computer-based electronic communications method, and agrees to honor such invoice as if it had been delivered in writing.

End User License Agreement (EULA)

IMPORTANT: READ THESE TERMS CAREFULLY BEFORE DOWNLOADING THE SOBEREYE APPLICATION. BY CLICKING ON THE “I ACCEPT” TAB, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT CLICK ON THE “I ACCEPT” TAB AND PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING THE PRODUCT.

1. Grant of License for Registered Users

SOBEREYE INC grants you a non-exclusive, non-transferable license to use the SOBEREYE application (“Online Service”) with which this license is distributed (the “Product”), including any documentation files accompanying the Product (“Documentation”) on a Mobile Device, provided that: (i) the Product is NOT modified; (ii) all copyright notices are maintained on the Product; and (iii) you agree to be bound by the terms of this License Agreement. The Product and Documentation shall be used only by you, only for your own personal or business use use and not in the operation of a service bureau or for the benefit of any other person or entity.

 

2. Ownership

You have no ownership rights in the Product. Rather, you have a license to use the Product as long as this License Agreement remains in full force and effect. Ownership of the Product, Documentation and all intellectual property rights therein shall remain at all times with SOBEREYE INC. Any other use of the Product by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement.

3. Copyright

The Product and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by SOBEREYE INC. You may not remove any proprietary notice of SOBEREYE INC. from any copy of the Product or Documentation.

4. Restrictions

You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Product or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Product, nor shall you attempt to create the source code from the object code for the Product.

5. Warranty Disclaimers

The Online Service, its Documentation, and its links are provided on an "as is" basis and are used only at Buyer or User’s sole risk, to the fullest extent permissible by law. Seller disclaims all warranties, express or implied, of any kind, regarding the Online Service (including its content, hardware, software and links), INCLUDING ANY IMPLIED WARRANTIES as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus.  SOBEREYE INC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE PRODUCT WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE PRODUCT WILL BE CORRECTED, OR THAT THE PRODUCT IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO BUYER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

6. Limitation of Liability

IN NO EVENT WILL SOBEREYE INC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF SOBEREYE INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOBEREYE INC'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE PRODUCT AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE PRODUCT AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Export Restrictions

THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE PRODUCT OR INFORMATION ABOUT SUCH PRODUCT THAT MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT THE PRODUCT, DOCUMENTATION, OR INFORMATION ABOUT THE PRODUCT AND

DOCUMENTATION WITHOUT CONSENT OF SOBEREYE INC AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.

8. Termination

This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to SOBEREYE INC all copies of the Product and Documentation in your possession or under your control. SOBEREYE INC may terminate this License Agreement for any reason, including, but not limited to, if SOBEREYE INC finds that you have violated any of the terms of this License Agreement. On notification of termination, you agree to destroy or return to SOBEREYE INC all copies of the Product and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non­disclosure shall survive the termination of this Product License Agreement.

9. General

This License Agreement shall be construed, interpreted and governed by the laws of the State of California, USA, without regard to that state's conflicts of law provisions. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in San Mateo County, California, USA. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by all of its parties. If a court of competent jurisdiction finds any part of this License Agreement invalid or unenforceable, the remainder of this License Agreement shall be interpreted so as to reasonably effect the parties' intent.

 

Contact Information

If you have any questions regarding these Terms of Use or the Online Service, please contact us by email at info@SOBEREYE.com.