FRANKY DE MEYER - EAZIGN BVBA. BELGIUM
SOFTWARE LICENSE AGREEMENT FOR DEEPMETA
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE DEEPMETA SOFTWARE. BY USING THE DEEPMETA SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
- General. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "DeepMeta Software") are licensed, not sold, to you by Eazign bvba. ("Eazign") for use only under the terms of this License, and Eazign reserves all rights not expressly granted to you. The rights granted herein are limited to Eazign's and its licensors' intellectual property rights in the DeepMeta Software and do not include any other patents or intellectual property rights. You own the media on which the DeepMeta Software is recorded but Eazign and/or Eazign's licensor(s) retain ownership of the DeepMeta Software itself. The terms of this License will govern any software upgrades provided by Eazign that replace and/or supplement the original DeepMeta Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- Permitted License Uses and Restrictions. This License allows you to install and use the DeepMeta Software. You may not make the DeepMeta Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the DeepMeta Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the DeepMeta Software or any part thereof. THE DEEPMETA SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE DEEPMETA SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
- Transfer. You may not rent, lease, lend, redistribute or sublicense the DeepMeta Software. You may, however, make a one-time permanent transfer of all of your license rights to the DeepMeta Software to another party, provided that: (a) the transfer must include all of the DeepMeta Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the DeepMeta Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the DeepMeta Software reads and agrees to accept the terms and conditions of this License.
- Consent to Use of Data. You agree that Eazign and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the DeepMeta Software and to verify compliance with the terms of this License. Eazign may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
- iStock access and other Services. This software enables access to your iStock online account which offers management of your iStock portfolio and other services (collectively and individually, "Services"). Use of the Services requires Internet access and use of certain Services requires you to accept additional terms of service which will be presented to you before you can use such Services.
By using this software in connection with an iStock account, you agree to the latest DeepMeta and iStock Terms of Service, which you may access and review from the home page of DeepMeta and iStock.
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. Nevertheless, you agree to use the Services at your sole risk and that Eazign shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
Eazign and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Eazign be liable for the removal of or disabling of access to any such Services. Eazign or iStockphoto may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
- Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Eazign if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the DeepMeta Software and destroy all copies, full or partial, of the DeepMeta Software.
- Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DEEPMETA SOFTWARE (AS DEFINED ABOVE) AND SERVICES (AS DEFINED BELOW) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEEPMETA SOFTWARE AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EAZIGN AND ITS LICENSORS (COLLECTIVELY REFERRED TO AS "EAZIGN" FOR THE PURPOSES OF SECTIONS 8 AND 9) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DEEPMETA SOFTWARE 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. EAZIGN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DEEPMETA SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE DEEPMETA SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE DEEPMETA SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DEEPMETA SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EAZIGN OR AN EAZIGN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE DEEPMETA SOFTWARE 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.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EAZIGN BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, 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 DEEPMETA SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EAZIGN 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 Eazign'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 euro (50 €). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Export Control. You may not use or otherwise export or reexport the DeepMeta Software except as authorized by European Union law and the laws of the jurisdiction in which the DeepMeta Software was obtained. You also agree that you will not use these products for any purposes prohibited by European Union law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
- Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of Belgium.
- Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the DeepMeta Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Eazign. Any translation of this License 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 License shall govern.
- Third Party Software and Service Terms and Conditions.
The DeepMeta Software uses the iStockphoto® API and is endorsed by iStockphoto LP. Any other use of iStockphoto/iStock trademarks (for example, iStockvideo™ or Copyspace™) requires the prior written consent of iStockphoto.
iStockphoto owns all right, title and interest in and to the APIs, the iStock/iStockphoto trademarks and the iStockphoto Data ("iStockphoto IP").