By downloading the Licensed Application from
, and any update thereto (as permitted by this License Agreement), You
indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that
You accept this License
Agreement. referred to in this
License Agreement as
"Services."
The parties of this License Agreement acknowledge that the Services are not a Party to
this License Agreement
and are not bound by any provisions or obligations with regard to the Licensed Application, such as
warranty, liability, maintenance and support thereof. Aether Manufacturing Inc.
, not the Services, is solely responsible for the Licensed Application and the content
thereof.
TABLE OF CONTENTS
The Licensed Application is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use
this Licensed Application. You may not use the Licensed Application in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2
.
1 This license
will also govern any updates of the Licensed Application provided by Licensor that
replace, repair, and/or supplement the first Licensed Application, unless a separate
license
is provided for such update, in which case the terms of that new license
will govern.
2
.
2
You may not share or make the Licensed Application available to third parties
(unless to the degree allowed by the Usage Rules, and with Aether
Manufacturing Inc. 's prior written consent), sell, rent, lend, lease or
otherwise redistribute the Licensed Application.
2
.
3 You may not reverse
engineer, translate, disassemble, integrate, decompile, remove, modify, combine,
create derivative works or updates of, adapt, or attempt to derive the source code of
the Licensed Application, or any part thereof (except with
Aether Manufacturing Inc. 's prior written consent).
2
.
4 You may not copy
(excluding when expressly authorized by this
license and the Usage Rules) or
alter the Licensed Application or portions thereof. You may create and store copies
only on devices that You own or control for backup keeping under the terms of this
license
, the Usage Rules, and any other terms and conditions that apply to the device
or software used. You may not remove any intellectual property notices. You
acknowledge that no unauthorized third parties may gain access to these
copies at any time. If you sell your Devices to a third party, you must remove the
Licensed Application from the Devices before doing so.
2
.
5 Violations of the
obligations mentioned above, as well as the attempt of such infringement, may be
subject to prosecution and damages.
2
.
6 Licensor reserves the
right to modify the terms and conditions of licensing.
2
.
7 Nothing in this license
should be interpreted to restrict third-party terms. When using the Licensed
Application, You must ensure that You comply with applicable third-party terms and
conditions.
3. TECHNICAL REQUIREMENTS
4. NO MAINTENANCE OR SUPPORT
5. USE OF DATA
You acknowledge that the Licensor may periodically collect and use technical data
and related information about your device, system, and application software, and peripherals, offer
product support, facilitate the software updates, and for purposes of providing other services to you (if
any) related to the Licensed Application. Licensor may also use this information to improve its products
or to provide services or technologies to you, as long as it is in a form that does not personally
identify you.
6. USER-GENERATED CONTRIBUTIONS
1. The creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of
any third party.
2. You are the creator and owner of or have the necessary licenses , rights, consents,
releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed
Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness or each and every such
identifiable individual person to enable inclusion and use of your Contributions in any manner
contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous ,
slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or
rule.
10. Your Contributions do not violate the privacy or publicity rights of any
third party.
11. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that
violates, any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this
License Agreement and may
result in, among other things, termination or suspension of your rights to use the Licensed
Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application or making
Contributions accessible to the Licensed Application by linking your account from the Licensed Application
to any of your social networking accounts, you automatically grant, and you represent and warrant that you
have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license
to host, use copy, reproduce, disclose, sell, resell,
publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your
image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works
of, or incorporate in other works, such as Contributions, and grant and
authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not
otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or representations in your Contributions
provided by you in any area in the Licensed Application. You are solely responsible for your Contributions
to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations
in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any
reason, without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
9. WARRANTY
(i) product liability claims;
(ii) any claim that the Licensed Application fails to
conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy,
or similar legislation .
11. LEGAL COMPLIANCE
You represent and warrant
that You are not located in a country that is subject to a US Government embargo, or that has been
designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government
list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims
concerning the Licensed Application, please contact:
13. TERMINATION
The license is valid until terminated by Aether
Manufacturing Inc. or by You. Your rights under this
license will terminate automatically and without notice
from Aether Manufacturing Inc. if You fail to adhere to any term(s) of
this license . Upon
License termination,
You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the
Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement,"
subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon
Your acceptance of the terms and conditions of this License Agreement, will have the
right (and will be deemed to have accepted the right) to enforce this End User
License Agreement against You as a third-party
beneficiary thereof.
This License Agreement is governed by the laws of
the State of __________
excluding its conflicts of law rules.