CAPTOR iOS Mobile Application End User License Agreement
Inkscreen LLC (“Inkscreen”) makes its CAPTOR iOS application (the “Application”) available for use by those users who have an active subscription to the Inkscreen services and agree to the terms and conditions of this Mobile Application End User License Agreement (“Agreement”). By downloading, installing or using the Application, you agree to be bound by this Agreement. If you do not agree to the terms and conditions of this Agreement, you must not download, install or use the Application.
- End User License.
The Application is licensed, not sold. Subject to the terms and conditions of this Agreement, Inkscreen hereby grants you a non-transferable, non-sublicenseable, non-exclusive, revocable license to install one object code copy of the Application on one mobile devices owned or leased solely by you, solely for your use in transmitting Content (as defined below). You must have a computer or mobile device that is compatible with the Application. Inkscreen does not warrant that the Application will be compatible with all mobile devices.
- Internet-Based Services.
The Application connects to computer systems and mobile devices over the Internet, which may include connections via wireless and wired networks. Use of the Application operates as your consent to the transmission of standard device information (including but not limited to technical information about your mobile device and application software and/or your wireless services (“Services”). You may not use any Application in any way that could harm or impair anyone else’s use of the Application or the Services. You may not use the Application to gain or try to gain unauthorized access to any data, account or network by any means.
- Content: Ownership and Control.
Inkscreen does not claim ownership in or to any of your Content transmitted, stored, or processed using the Application. For purposes of this Agreement, “Content“ shall include the data, files or information, you input into the Application regardless of form; including, without limitation, data files, queries, text and images, or video files that you submit, access and otherwise use on or through the Application. You represent and warrant that if you use any Content in connection with the Application: (i) you will have all the rights in the Content necessary for use with the Application; and (ii) the handling, storage, use or transmission of Content will not violate any law, regulation or term of this Agreement or any underlying subscription agreement.
- Prohibited Content.
Inkscreen does not control, verify, or endorse Content that you use in connection with the Application. You may not submit, upload, post or otherwise make available Content protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, patents, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Content. You agree to not provide, make available or transmit Content for use with the Application that: (i) is in breach of confidentiality or yourprivacy obligations, or those of a third party; (ii) encourages or constitutes conduct that would be deemed a criminal offense, gives rise to a civil liability, or otherwise is contrary to the law in any jurisdiction; (iii) is harmful to software and hardware, including, and without limitation, computer viruses, Trojan horses, corrupted data, or other technology, code or data; or (iv) violates the intellectual property rights of others.
- Use of Application: Acceptable Use.
You must not use the Application to: (i) harm others, engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) damage, disable, overburden, or impair the Application or any software to services with which the Application interacts; (iii) resell or redistribute the Application; (v) use any unauthorized means to modify, reroute, or gain access to the Application; (vi) use any automated process or service to access or use the Application; (vii) abuse, harass, stalk or otherwise violate the legal rights of a third party; or (viii) share passwords or other access information or devices or otherwise authorize, allow or enable any third party to access or use the Application.
- Links to Third Party Sites.
The Application may contain links to third-party websites or resources that are not owned or controlled by Inkscreen. You acknowledge and agree that Inkscreen is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Inkscreen does not control nor does it review, research, verify, validate or approve the third-party sites to which the Application may be linked. Such links, therefore, do not imply any endorsement by Inkscreen of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Inkscreen, the Inkscreen logo, CAPTOR, and all custom graphics, page headers, button icons, proprietary product and service names, and trade dress are either trademarks or registered trademarks of Inkscreen and/or its licensors in the United States and/or other countries, and may not be used, in whole or in part, without the prior written permission of Inkscreen.
- Warranty Disclaimer.
THE APPLICATION IS DELIVERED OR PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND Inkscreen AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Inkscreen DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION, ITS USE OR ANY RESULTS GENERATED THEREFROM ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. NEITHER Inkscreen NOR ITS LICENSORS OR SUPPLIERS REPRESENT OR WARRANT THAT THE APPLICATION OR Inkscreen’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE APPLICATION AFTER TERMINATION HEREOF.
- Limits of Liability.
IN NO EVENT SHALL Inkscreen, ITS LICENSORS, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHER FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE APPLICATION, EVEN IF Inkscreen KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF, OR COULD REASONABLY HAVE PREVENTED, SUCH DAMAGES. THE LIMITS IN THIS SECTION ARE ENFORCEABLE UNLESS OTHERWISE SPECIFICALLY EXCLUDED OR LIMITED BY LAW.
You are solely liable for your use of the Application, including the use of all Content uploaded or transmitted in connection therewith. You agree to indemnify and hold harmless Inkscreen, its licensors, and its officers, directors, shareholders, employees, contractors, and affiliates from any claim, action, demand, loss, and/or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Application, including your conduct and all Content, and/or your violation of this Agreement.
- Intellectual Property and Proprietary Information.
The Application is the intellectual property of Inkscreen and/or its licensors, and is protected by United States and international copyright laws and international treaties. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Application, and all rights not expressly granted are reserved by Inkscreen and its licensors. You shall not modify, adapt, translate, or create derivative works based upon the Application. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code for the Application. You agree that you will not disclose any of Inkscreen’s non-public information, including, without limitation, the Application software and related documentation (“Proprietary Information”) to anyone without Inkscreen’s written consent. You agree to hold all Proprietary Information in confidence and to use reasonable measures to protect the Proprietary Information from unauthorized disclosure and dissemination. As between you and Inkscreen, all Proprietary Information will remain Inkscreen’s sole and exclusive property. Upon the termination of this Agreement, or at any time upon Inkscreen’s written request, you will return to Inkscreen or destroy the Proprietary Information, keeping no copies regardless of form.
- Export Control Rules.
You may not use or otherwise export or re-export the Application except as authorized by U.S. law and the laws of the jurisdiction in which the Application was obtained. By using the Application, you represent and warrant that (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) you are not on any U.S. government list of prohibited or restricted parties.
- Commercial Items.
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 U.S.
- Applicable Law and Order of Precedence.
This Agreement and your use of the Application shall be governed by and interpreted in accordance with the laws of the State of Texas without giving effect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are specifically disclaimed. Any action arising out of or relating to this Agreement shall be brought only in the state and federal courts located in Bexar County, Texas, and you hereby submit to the jurisdiction of such courts. Notwithstanding the foregoing, Inkscreen may seek injunctive relief in any court of competent jurisdiction, without posting bond, to enjoin any breach of this Agreement, in addition to any other rights or remedies Inkscreen may have available at law or in equity.
The Application is made available to you from the United States of America and may not be appropriate for use in other locations. If you use the Application outside the United States of America, you are solely responsible for following applicable local laws.
- Termination and Severability.
Notwithstanding this Agreement, Inkscreen reserves the right to temporarily suspend or terminate your access to the Application or the Application’s access to the Service at any time in Inkscreen’s sole discretion, with or without notice, or to terminate your license to use the Application and to block or prevent future access to and use of the Application. If any provision of this Agreement or the application of such provision to any person or circumstance shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement or the application of such provisions, as applied to other persons, places and circumstances, shall remain in full force and effect.
- Updates and Changes.
Inkscreen reserves the right, in its sole discretion, to change the format of the Application and any Content within it at any time and without notice.
- App Store Terms and Conditions.
The following additional terms and conditions apply with respect to any application that Inkscreen provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
• You acknowledge that this Agreement is between you and Inkscreen only, and not with Apple, Inc. (“Apple”).
• Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.
• Inkscreen, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
• You agree that Inkscreen, and not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by this Agreement and any law applicable to us as provider of the iOS App.
• You agree that Inkscreen, and not Apple, shall be responsible, to the extent required by this Agreement, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.
• You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
• You agree to comply with all applicable third party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
• You agree that Apple and Apple’s subsidiaries are third party beneficiaries to this Agreement as its terms relate to your license to use the iOS App. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you its terms they relate to your license of the iOS App as a third party beneficiary thereof.
- Support Services.
Inkscreen may, but is not obligated to provide support services to you under this Agreement.