Terms Of Use

TERMS OF USE / END-USER LICENSE AGREEMENT

Thank you for selecting OLYPSYS FOR O-RINGS (“Application”).This End User License Agreement (“Agreement”) is a binding agreement between you (“End User”, “you”, or “Licensee”) andOlypsys Technologies Ltd, UK (“Company”). This Agreement governs your use of the Application, including all relateddocumentation. The Application is licensed, not sold, to you.PLEASE READ EACH END-USER LICENSE AGREEMENT CAREFULLY. BY CLICKING ACCEPT, INSTALLING, COPYING, OR OTHERWISE USING THE APPLICATION, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU AREAUTHORIZED WITH PROPER CREDENTIALS AND PASSWORDS TO ACCESS AND USE THE APPLICATION; AND (C) ACCEPT THIS AGREEMENT ANDAGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THEAPPLICATION AND DELETE IT FROM YOUR MOBILE, DESKTOP, OR OTHER DEVICE.  IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT INSTALL AND/OR USE THE APPLICATION. In addition to this initial license, you may receiveupdates for the Application.  Company reserves the right to amend, supplement, or otherwise change the terms of theAgreement as a condition to accepting those updates. BY INSTALLING, COPYING, OR OTHERWISE USING THE UPDATES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE AGREEMENT, AS AMENDED. IF YOU DO NOT AGREE TO THE TERMS OF THE AMENDMENTS, DO NOT INSTALL AND/OR USE THE UPDATES.

1. GRANT OF LICENSE & RESERVATION OF RIGHTS

   Subject to the terms and conditions of this Agreement, Company grants Licensee a personal, limited, non-exclusive, non-transferable license to use the Application to:

   1. Download, install, and use the Application for your use on a mobile, desktop, or other device owned or otherwise controlled by you (“Device”) strictly in accordance with the Application’s documentation; and
   2. Access, stream, download, and use on such Device the Content and Services made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services.

   You acknowledge and agree that the Application is provided under license, 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. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, trade secrets, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

2. ADDITIONAL LICENSE RESTRICTIONS
   

   Licensee shall not:

   1. Copy the Application, except as expressly permitted by this license;
   2. Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
   3. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
   4. 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;
   5. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
   6. Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
   7. Use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

3. INTENDED USE
   

   Company shall not be responsible for any injury suffered by Licensee as a result of Licensee’s reliance upon use of or information accessed through the Application.

   1. Use. The Application is intended to function as an o-ring measuring system within Licensee’s phone. However, as set forth in detail below, Company does not guarantee or otherwise warrant the performance of the Application.
   2. Any financial or health information displayed by the Application is provided for general informational purposes only and is not intended to be relied upon as, or a substitute for, financial or medical advice. You are solely responsible for the financial or health decisions made by you and any consequences resulting therefrom, and should always seek the guidance and advice of a financial or medical professional as appropriate.
   3. Company does not guarantee the accuracy, completeness, or timeliness of financial or health information appearing within the Application or that desired results will be obtained.

4. CONSENT TO USE OF DATA
   

   You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Application. Such information includes, but is not limited to, Licensee’s age, gender, and location. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy [https://olypsys.com/privacy]. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You hereby grant us a perpetual non-exclusive royalty free right and license to copy, modify, and use any information and data supplied by you or collected on your behalf so that we may enhance the Application and our Services, including but not limited to the right to use, repurpose, and monetize aggregate data and to create analytical trend data that may be shared with or sold to third parties. In no event will any information be disclosed in a manner that allows particular customers or individuals to be identified. Notwithstanding the foregoing, you agree that your customers name may appear in a list of participating organizations for reports containing such analytical trend data.

5. RIGHT TO TERMINATION
   

   Company may terminate use or access to the Application at any time without prior notice. Without prejudice to any other rights under this Agreement or at law, Company may cancel this Agreement if you do not abide by the terms and conditions of this Agreement, in which case you must immediately cease access to and use of the Application and destroy all copies of the Application, full or partial, you own or control.

6. SERVICES AND THIRD PARTY MATERIALS

   Company enables access to third party services and web sites (collectively and individually, “Services”). Such services may not be available in all languages or in all countries. Use of the Services requires Internet access and use of certain Services requires you to accept additional terms. 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. Company reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Company be liable for the removal of or disabling of access to any such Services. Company may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

   1. Company, its officers, affiliates and subsidiaries do not warrant or endorse and do 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. Company makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or 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.
   2. Any additional legal agreement entered into by you regarding use of the Services shall not be b inding upon Company; you agree not to seek recourse against Company for any breach of that legal agreement by the Services.
   3. By using the Services, you acknowledge and agree that Company 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.
   4. 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 Company shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
   5. Third Party Materials and links to other web sites are provided solely as a convenience to you. 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, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or 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 Company is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.

7. Geographic Restrictions
   

   The Application is primarily intended for users in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

8. DISCLAIMER OF WARRANTIES
   If you are a customer who is a consumer (someone who uses the Application outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization. Licensee and Company agree that should any Disclaimer of Warranty be found unenforceable as written herein, the Court should enforce the disclaimer to the greatest extent allowable under the laws of that jurisdiction.
   1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
   2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND SERVICES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION LICENSOR AND APPLICATION LICENSOR’S LICENSORS (COLLECTIVELY REFERRED TO AS “LICENSOR” FOR THE PURPOSES OF SECTIONS 8 AND 9) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND 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.
   3. APPLICATION LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE APPLICATION OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE APPLICATION OR SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, THAT THE APPLICATION IS SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERRORS, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED.
   4. YOU FURTHER ACKNOWLEDGE THAT THE APPLICATION AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLICATION OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
   5. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION LICENSOR OR AN APPLICATION LICENSOR REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE 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.

9. LIMITATION ON LIABILITY
   

   TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APPLICATION LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR 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 APPLICATION OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION LICENSOR 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 Company’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 fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

10. COMPLIANCE WITH GOVERNING LAWS
    

    You agree that you will not use the Application for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons. Further, by using the Application, you represent and warrant that you are not (a) located in any U.S. embargoed country or (b) 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.

11. GOVERNMENT END USERS
    

    The 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.

12. CONTROLLING LAW AND SEVERABILITY
    

    This Agreement will be governed by and construed in accordance with the laws of the State of Idaho, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the Application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

13. COMPLETE AGREEMENT; GOVERNING LANGUAGE
    

    This Agreement constitutes the entire agreement between you and Company relating to the Application, and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by Company. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern, to the extent not prohibited by local law in your jurisdiction.

14. THIRD PARTY ACKNOWLEDGEMENTS
    

    Portions of the Application utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the “online” electronic documentation for the Application, or may otherwise accompany such material, and your use of such material is governed by their respective terms.

15. INTELLECTUAL PROPERTY RIGHTS
    

    The Application is protected by copyright, trade secret and other intellectual property laws and treaties. Company or its affiliates hold title, copyright, and other intellectual property rights in the Application.

16. ARBITRATION
    By accepting this Agreement, you expressly waive the right to a trial by jury or to participate in a class action. In the event of any dispute between the parties arising out of this Agreement, the dispute shall be resolved by arbitration under the rules of the American Arbitration Association by an arbitrator agreed upon in writing by the parties. In the event the parties cannot agree upon the choice of an arbitrator, each party shall appoint one individual representative and the two party representatives shall, between themselves, chose an arbitrator.

17. ATTORNEY FEES IN EVENT OF A DISPUTE
    

    In the event of any dispute between the parties arising out of this Agreement, the prevailing party shall be entitled, in addition to any other rights and remedies it may have, to recover its reasonable attorney fees and costs.