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

 

Effective Date: July 15,  2019
 

In the event of any inconsistency or discrepancy between the English version and any other language versions of this document, the English language version shall prevail.

 

Please read these terms and conditions ("Terms of Use") carefully - they set forth the important terms you will need to know about this Website, applications we develop or distribute for mobile devices operating the Android® and iOS® operating systems ("Applications") that access mobile portal sites we operate and that display content for viewing.  (The Website, Applications and our mobile portal sites are collectively referred to in these Terms of Use as the "Online Service.")  In these Terms of Use, "you" and "yours" mean the person using the Online Service.  "We," "our," "us," and "SOBEREYE" mean SOBEREYE INC.

 

Use of the Online Service is governed by the Terms of Use below.  Using the Online Service means that you agree to the Terms of Use.  If you do not agree with any of the Terms of Use, 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

 

 

Intellectual Property Rights

 

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 SOBEREYE, its affiliates, its licensors or designated owners, and are protected by applicable intellectual property laws.  You should assume that everything you 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 Terms of Use.

 

Authorized and Prohibited Uses

You 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 Terms of Use 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 Terms of Use, 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.  You agree not to infringe any Intellectual Property Rights or remove or modify related proprietary notices contained in the Online Service or the Content.

 

 

Software Downloads

Any SOBEREYE Online Service software made available for download ("Software") or provided to you by SOBEREYE is the copyrighted work of SOBEREYE and/or its affiliates or suppliers.  The Software is made available solely for your 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 severe 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.

 

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

 

Access Arrangements and Fees

Your 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 SOBEREYE in its discretion.  You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use the Online Service.

We reserve the right to impose or modify fees in connection with use of the Online Service (or portions of the Online Service) at any time without liability.  Payment of any such fees shall be due and payable thirty (30) days from the date of invoice unless otherwise agreed by you and SOBEREYE or unless otherwise required by SOBEREYE.  SOBEREYE shall endeavor to issue a general notice on the Online Service with regard to any imposition of fees or modifications to the Online Service.  

 

Linking

Unless otherwise agreed upon between you and SOBEREYE, 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 SOBEREYE via e-mail at info@SOBEREYE.com.  Moreover, in the event SOBEREYE deems your linking practices in relation to the Online Service to be inappropriate, SOBEREYE may provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of SOBEREYE relating such notice.

 

Access to Online Service

While SOBEREYE'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.  You understand and acknowledge that circumstances both within and outside of the control of SOBEREYE may cause unexpected interruption, suspension or termination of the Online Service.  SOBEREYE 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.

 

Import/Export Control

You agree 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.

 

Your Obligations

 

Compliance

You agree to comply with all applicable laws in connection with your use of the Online Service.

 

Unsuitable Content and Conduct

You agree 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.  You agree not to cause damage, embarrassment or adverse publicity to SOBEREYE.

 

Functional Compatibility and System Abuse

Any User Submission that you make will be functionally and technically compatible with the Online Service.  You 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 SOBEREYE with a virus or other malicious computer program.  You will only use the Online Service for the permitted purposes stated in these Terms of Use 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.  You are 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 you become involved in or connected to any violation of system security, SOBEREYE reserves the right to release your details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents.

 

Your Cooperation and Notification

You agree to cooperate with all reasonable requests of SOBEREYE and will notify SOBEREYE promptly upon learning of any actual or suspected breach of these Terms of Use by you, or your unauthorized use or abuse of the Online Service.

 

Warranty Disclaimers

The Online Service, its Content, and its links are provided on an "as is" basis and are used only at YOUR sole risk, to the fullest extent permissible by law.  SOBEREYE 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 TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Limitations on Liability and Remedies

SOBEREYE's ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SOBEREYE (INCLUDING WITHOUT LIMITATION YOUR USE OF THE ONLINE SERVICE) IS TO DISCONTINUE YOUR USE OF THE ONLINE SERVICE.  SOBEREYE AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS ONLINE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH SOBEREYE.  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 SOBEREYE 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, SOBEREYE's AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.  SOBEREYE 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 YOU 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 SOBEREYE will be limited to, in the sole discretion of SOBEREYE, either the (1) correction or deletion of any inaccurate Content or link; or (2) refund of any fees for the Online Service received by SOBEREYE from YOU.

 

Indemnification

You agree to defend, indemnify and hold harmless SOBEREYE 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 your use of the Online Service, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of the Online Service.

 

Miscellaneous

Separate Terms and Conditions

From time to time in connection with your use of and/or access to Content contained in certain areas of the Online Service, you may need to consent to policies or terms and conditions beyond these Terms of Use.  You should carefully read such additional terms and conditions before making any use of such Content or areas of the Online Service.  Any such terms will not vary or replace these Terms of Use regarding use of the Online Service unless otherwise expressly stated.

 

Privacy Policy

SOBEREYE is concerned about privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at https://www.SOBEREYE.com/privacy-policy.  The Privacy Policy is incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

 

Dispute Resolution; Applicable Law and Forum

With respect to any and all disputes arising out of or in connection with the Online Service or these Terms of Use (including without limitation the Privacy Policy), SOBEREYE and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another to achieve a mutually satisfactory resolution.

SOBEREYE has no obligation to become involved in any dispute between a user 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.  SOBEREYE and you agree that all disputes arising under these Terms of Use shall be resolved by confidential binding arbitration administered by the American Arbitration Association ("AAA") in San Francisco, California, or another forum to which SOBEREYE and you may mutually agree, pursuant to the Commercial Arbitration Rules ("Rules") of the AAA by a sole arbitrator nominated by agreement of you and SOBEREYE and confirmed in accordance with the Rules.  If AAA is not hearing consumer commercial disputes at the time, SOBEREYE 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.  You agree that SOBEREYE is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms of Use pending a final arbitral decision.

 

Modification of Terms of Use

These Terms of Use and the Privacy Policy incorporated into them constitute the complete agreement between you and SOBEREYE with respect to their subject matter and supersede any prior agreement or communication.  These Terms of Use are subject to change from time to time.  SOBEREYE will endeavor to post a notice of any changes to these Terms of Use for a period of thirty (30) days following any such modifications or send you an email notification of material changes if we have your email address on file.  SOBEREYE suggests that you review these Terms of Use occasionally, or at least every thirty (30) days.  Your continued use of the Online Service following SOBEREYE's notice of modification of these Terms of Use shall constitute your acceptance of the modified Terms of Use.

 

Miscellaneous

If any term or provision of these Terms of Use is found invalid, illegal or otherwise unenforceable, that finding shall not affect the other terms or provisions of these Terms of Use, or the whole of these Terms of Use.  Such term or provision shall be deemed modified to the extent necessary to render it enforceable, and the rights and obligations of you and SOBEREYE shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use.  Your obligations pursuant to these Terms of Use shall survive termination of your use of the Online Service, any Content on the Online Service, or these Terms of Use.

 

 

End User License Agreement (EULA)

IMPORTANT: READ THESE TERMS CAREFULLY BEFORE DOWNLOADING THE SOBEREYE APPLICATION. BY DOWNLOADING OR USING THIS PRODUCT, 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, 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 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.    Limited Warranty

SOBEREYE, WARRANTS FOR A PERIOD OF THIRTY (30) DAYS AFTER PURCHASE THAT THE PRODUCT WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. SHOULD THE PRODUCT NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND SOBEREYE INC'S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE, AT SOBEREYE INC'S SOLE DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE PURCHASE PRICE PAID FOR THE PRODUCT. ANY USE BY YOU OF THE PRODUCT IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY SOBEREYE INC REGARDING THE PRODUCT. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE PRODUCT IS PROVIDED AS IS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOBEREYE INC. DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 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. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES, SO THEY MAY NOT APPLY TO YOU.

 

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 non-disclosure 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.