BETA USE LICENCE AGREEMENT FOR AUGMENTED REALITY TECHNOLOGY SOFTWARE BELONGING TO ARLAB
Please read this Licence Agreement carefully before using this program. Its acceptance grants the condition of user or Licensee and expresses your full acceptance without reservation of each and every one of the terms of this Licence Agreement. If you do not agree to these terms, do not install the program. Likewise, the use of the program by the user implies the acceptance of the terms of this Agreement.
This Licence Agreement constitutes the full agreement between the Licensee and AUGMENTED REALITY LAB SL (hereinafter ARLAB) regarding the object hereof, and substitutes any previous Licence Agreement that may exist between ARLAB and the Licensee regarding this Beta program.
Acceptance of the terms of this Licence Agreement does not grant the Licensee any right not specified in this licence regarding the said ARLAB program.
After acceptance by the Licensee of the conditions of use of the software, he will immediately receive an e-mail at the e-mail address provided. The said e-mail will provide a URL that will allow the Licensee to download the software and he will be provided with a personal and non-transferable password, designated api_key (private password), which will allow execution of the program.
1.- GRANTING OF LICENCE.-
Via this Agreement ARLAB grants the user a licence and the limited, non-exclusive and non-transferable right to the use of the program and the documentation free of charge, exclusively for evaluation purposes.
2.- INTELLECTUAL PROPERTY.-
This program, as well as all its documentation and/or the information relative to it, is the exclusive property of ARLAB. All the intellectual property rights and copyright regarding the program and the documentation correspond to ARLAB, as do those regarding any other work, program or product that may be assigned by ARLAB to the Licensee in fulfilment of this Agreement.
The program is protected by the laws of copyright, patents, and international copyright treaties, as well as by the other laws and Treaties in force with regard to intellectual property.
This document is a licence contract and not a contract of sale. As a consequence, ARLAB remains the exclusive proprietor of the software, of the trademarks used in relation thereto and holds all the intellectual property rights pertaining to it and in relation thereto.
This document does not transfer to the Licensee any property right regarding the Software
3.- EVALUATION & PRIVACY.-
The user will provide to ARLAB any information regarding the functioning and the problems encountered in the program, as well as the improvements that the user may consider necessary to include therein. These reports may be used by ARLAB for any purpose without the consent of the user or any consideration.
We will only process your personal data in accordance whit the file CLIENTES Y PROVEEDORES created by ARLAB at the AGENCIA ESPAÑOLA DE PROTECCIÓN DE DATOS. This means that we will take care that the personal data will only be processed in an accurate and adequate way in compliance whit the Ley Orgánica 15/1999, de Protección de Datos de Carácter Personal, (the Law) and the file functions. We have implemented security measures, according the Law, pertaining to the storage and provision of personal data, in order to, amongst others, prevent access to your personal data by any unauthorized persons.
Transmissions over the Internet are never 100% secure or error-free. However, we take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. It is your responsibility to safeguard any password and User ID you use to access the site and to notify us through www.arlab.com if you ever suspect that this password or User ID has been compromised. You are solely responsible for any unauthorized use of the site conducted via your password and User ID.
You can request to access your personal data and you can verify/correct their accuracy. You can also request the removal of your personal data. You shall communicate your will to access, verify, correct and remove your personal data, please contact us, by regular post to:
AUGMENTED REALITY LAB SL
C/ Valentín Beato 22, 2 Planta
28.037 Madrid (España)
Upon your request and verification of your identity, we will rectify, erase or block your personal data, if these data are incorrect or if you no longer want us to process these data. Due to the requested removal, it is however possible that we cannot ensure the provision of (part of) our services.
Upon appropriate request we will usually be glad to update or amend your information, but we reserve the right to use information obtained previously to verify your identity or take other actions that we believe are appropriate.
4.- LIMITED GUARANTEE.-
The user recognises and accepts that this program is of an experimental nature, that it is not a commercial product and that its correct functioning is not guaranteed. The program is delivered “as is”, and claims will not be accepted for supposed specifications with which the program should comply. ARLAB does not guarantee that the program is free from errors, or that its functioning is uninterrupted.
ARLAB ACCEPTS NO LIABILITY for any damages supposedly caused by the Program to the Licensee or to any person or organisation, hereinafter Third Parties, and which are the consequence of the use or lack of use of the program or product, either directly or indirectly, including but not limited to, interruptions of work, economic losses or losses of earnings forecast as a result of the use of the program.
The Licensee is solely responsible for the use that he makes of the program, and/or of the use made by those persons who use it on his behalf and/or those persons for whom he is responsible. The Licensee expressly absolves ARLAB from any claim that may be addressed to it by third parties as a consequence of the abovementioned uses of the program.
The Licensee exclusively assumes liability for any damages, prejudices and/or costs that may derive from or be generated by the incompatibilities that may arise between the program and/or its updates and the software belonging to Third Parties that the Licensee may have installed in his computer and/or servers that he uses, as well as any other problems that may originate from the interaction between the said programs, or coinciding code threads.
5.- HIGH RISK ACTIVITIES.-
The program has not been designed or intended to be used in dangerous environments that require functioning with error protection (high reliability), including but not limited to operations in nuclear installations, aerial communication and navigation systems, air traffic control, arms systems or protection and life support equipment, or any other application, in which the failure of any software may be the direct cause of death, injury or bodily harm or serious damage to property or the environment. ARLAB expressly rejects any explicit or implicit guarantee of adequacy of the program for activities of this type.
The Licensee recognises that the program, documentation and/or any other information or material that ARLAB may have provided to him is confidential information belonging to ARLAB and the Licensee must protect it as such. Owing to the experimental nature of the program, the Licensee undertakes not to disclose to third parties any type of information relative to the program, documentation and/or any other information that ARLAB may provide without the prior written permission of ARLAB.
The Licensee undertakes to issue as many warnings and sign as many documents as may be necessary in order to ensure compliance with the obligations of confidentiality. The Licensee may not make any copy of the program.
7.- OTHER RESTRICTIONS.-
The user may not rent out or hire the software, or sell, distribute, lend, give or donate it, develop it in any way or modality, introduce modifications even when they may lead to better functioning, or transfer it in any other way.
It is expressly prohibited to include, sell and distribute the licenced software, in any way or modality, via the use of any specific software products market including but not limited to Android Market or the Apple Store.
The user may not assign the rights granted in this Licence Agreement. Neither may he perform reverse engineering, or decompile, or disassemble the program.
The Licensee likewise expressly undertakes NOT to:
1. Use the Software for any purpose other than that contemplated in the framework of this Agreement.
2. Modify, translate or alter the Software, including, but not limited to, the use of macros or of any other information technology that may increase its functions or the use of any other product derived from the same Software. In the case of alterations or derived products executed by the user, ARLAB will be the proprietor of the said modifications, alterations or works derived by virtue of the application of the Agreement.
3. Reengineer, decompile, disassemble the Software, partially or completely, unless otherwise contemplated by the legal provisions in force. However, the Licensee, prior to each decompilation will request from ARLAB the information necessary to achieve the interoperability of the Software with another program.
4. Remove or alter any identification, notice of ownership, label or registered trademark of ARLAB and/or of its Licensors that appear on or in the software.
5. Grant under sub-licence, sell, rent, share the use of the Software or transfer in any other way or allow third parties to use the Software without the prior written consent of ARLAB.
6. Use the Software in violation of any local or state law or by-law, regulations or rules, including the laws regarding abuse or improper use of information.
The right to use this program will terminate when ARLAB considers as finalised the beta program with regard to this program. Likewise, ARLAB and/or the user/Licensee may rescind this agreement at any time and without any cause, by notifying the other party. In such a case, the Licensee must uninstall the program, and destroy any copy or documentation he possesses thereof, on the date of termination of this Licence Agreement, unless ARLAB authorises otherwise in writing. The obligation of confidentiality will continue to be of application during the year following the date of termination of the Agreement.
9.- JURISDICTION AND APPLICABLE LAW.-
This Licence Agreement will be governed according to the laws of Spain. Should doubts and/or differences arise with regard to its interpretation and/or effects, only the Courts of the city of Madrid (Spain) will be competent, the parties waiving any other jurisdiction that may correspond to them.
The user recognises and accepts that ARLAB may bring legal actions in the case of breach of the Licence Agreement by the Licensee. ARLAB reserves the right to terminate this Licence Agreement automatically and without notice in the case of breach by the user of any terms and conditions included herein.
Should any clause of this Licence Agreement be contrary to the applicable law, it will be considered null without this affecting or implying the nullity of the totality of the agreement.
ARLAB expressly reserves any rights that may correspond to it and which are not granted to the user by virtue of this Licence Agreement.
11.- FREE SOFTWARE AND THIRD PARTY SOFTWARE.-
The licenced software includes some software programs licenced under OpenGL http://www.opengl.org and OpenSSL http://www.openssl.org licences.
The Software may include one or more libraries, files or other elements intended to help the Licensee in the use of this Software. ARLAB guarantees to the Licensee the right to use these libraries, files and other elements provided that the Licensee respects the terms of this Agreement and any specific condition concerning the libraries or files.
By accepting the Agreement, you, as Licensee Betatester accept the supplementary terms and conditions, should they be established.
In any case, it is the Licensee’s responsibility to use the software in such a way as always to respect the terms of this Agreement.