You must agree to the terms and conditions:
REDLASER
SDK (EVALUATION)
LICENSE
TERMS
(version
1.1, August 16, 2011)
Before using
the RedLaser SDK (Free) ("SDK"), you must read and agree to
these license terms and conditions ("Terms and Conditions"). If you disagree with any of theSE terms AND CONDITIONS,
you may nOT use this SDK. By accepting these Terms and Conditions,
you are representing and warranting that you have the authority to bind the
party using the SDK and you and that party are collectively referred to as
"you" or "your" in these Terms and
Conditions. Any use by you of the SDK constitutes your acceptance of these
Terms and Conditions.
- Ownership
eBay owns or
controls all right, title and interest in and to the SDK, including without
limitation all rights under patent law, copyright law, trademark law, trade
secret law, unfair competition law, and any and all other proprietary rights.
- License
Grant
eBay hereby
grants you the limited, revocable, non-transferable, non-sublicensable,
worldwide, non-exclusive right to use the SDK subject to these Terms and
Conditions. You shall only use the SDK in compliance with these Terms and
Conditions and all applicable laws and regulations, including but not limited
to, copyright and other intellectual property laws and privacy regulations.
There are no implied licenses under these Terms and Conditions, and any rights
not expressly granted to you hereunder are reserved by eBay. Without limiting
the foregoing, you shall not copy, distribute, sublicense, rent, lease,
transfer, modify, adapt, translate, prepare derivative works from, decompile,
reverse engineer, disassemble or otherwise attempt to derive source code from
the SDK. Furthermore, you may not use the SDK in any manner that could damage,
disable, overburden, or impair any eBay site or service offering or otherwise
interfere with any other party's use and enjoyment of any eBay site or service.
- Restrictions;
Representations
You will use
the SDK only for development testing purposes for software applications and you
will not use or distribute in any manner the SDK as part of any public or
private software application.
You represent,
warrant and covenant that your use of the SDK will not infringe any agreements
or any third party rights. If your use violates such agreements or infringes
upon such rights, eBay may impose restrictions upon, or suspend your use of,
the SDK and eBay may take other legal action against you.
- Term and
Termination
eBay may, in
its sole discretion, terminate or suspend your right to use the SDK if you
violate any of these Terms and Conditions. eBay may choose to no longer offer
the SDK at any time without notice to you or liability to eBay. You may
terminate these Terms and Conditions at any time by removing the SDK from the
devices on which you had installed it. Upon any termination of these Terms and
Conditions, you shall immediately discontinue use of the SDK and destroy all
copies of the SDK.
- Availability
and Support
eBay will not
be obligated to provide support in relation to the SDK. The SDK may not be made
available twenty four (24) hours a day, and eBay may modify or discontinue use
of the SDK at any time in eBay's sole discretion.
- Disclaimer
of Warranties
EBAY DISCLAIMS
ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE APPLICATION.
SOME
JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS ON
LIABILITY. ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE
JURISDICTION WILL APPLY TO YOU AND EBAY'S LIABILITY WILL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
EXCEPT AS
EXPRESSLY STATED HEREIN, EBAY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EBAY
DOES NOT REPRESENT OR WARRANT THAT THE SDK OR ANY PART OF IT WILL OPERATE
SECURELY OR WITHOUT INTERRUPTION. THE SDK PROVIDED BY EBAY HEREUNDER IS
PROVIDED "AS IS" AND "AS AVAILABLE." YOU ACKNOWLEDGE THAT
YOU HAVE NOT ENTERED INTO THESE TERMS AND CONDITIONS IN RELIANCE UPON ANY
WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS
AND CONDITIONS.
- Limitation
of Liability
EBAY WILL HAVE
NO DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER
LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, UNDER THESE
TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE
EVENT THE ABOVE LIMITATION OF LIABILITY IS HELD UNENFORCEABLE BY A COMPETENT
COURT, EBAY'S AGGREGATE LIABILITY FOR YOUR USE OF THE SDK IS LIMITED TO US$500.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE
OR MISUSE OF AND RELIANCE ON THE SDK, FROM INABILITY TO USE THE SDK, OR FROM
THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SDK (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES).
- Indemnification
You will indemnify
and hold eBay, its employees, agents, consultants, subsidiaries, partners,
affiliates, and licensors harmless against any and all claims, costs, losses,
damages, liabilities, judgments and expenses (including reasonable fees of
attorneys and other professionals) (collectively, "Claims")
that may arise from or are related to your (i) use of the SDK; (ii) alleged
violation of these Terms and Conditions; (iii) alleged violation of any
agreement, applicable law or regulation; or (iv) alleged violation of any third
party rights, including but not limited to third party intellectual property
rights. At eBay's option, you will assume control of the defense and settlement
of any Claim subject to indemnification by you (provided that, in such event,
eBay may at any time thereafter elect to take over sole control of the defense
and settlement of any such Claim, and in any event, you will not settle any
such Claim without eBay's prior written consent).
- Amendments
Additional
and/or modified terms of use relating to the SDK may be posted on
www.redlaser.com at any time, and such terms shall automatically be effective.
If eBay offers the SDK on another site or other sites, such additional and/or
modified terms of use may be posted on such site(s) at any time and such added
or modified terms shall automatically be effective. If you do not agree with
any such changes, you must terminate your use of the SDK.
- Law and
Venue
Claims arising
out of or relating to these Terms and Conditions will be governed by the laws
of the State of California (excluding its choice of law rules), United States
of America. Any cause of action arising under or relating to these Terms and
Conditions or the SDK must be brought exclusively in a court in Santa Clara
County, California, United States.
- General
These Terms and Conditions constitute the entire agreement between you
and eBay with respect to the SDK and supersede all other documents, writings,
or agreements, contemporaneous and prior, between you and eBay with respect to
the SDK. eBay's failure to enforce any provision of these Terms and Conditions
will not be construed as a waiver of any provision or right. If a portion of
these Terms and Conditions is held unenforceable, the unenforceable portion
will be construed in accordance with applicable law as nearly as possible to
reflect the original intentions of the parties, and the remainder of the
provisions will remain in full force and effect. Waiver by either party of a
breach of any provision of these Terms and Conditions or the failure by either
party to exercise any right hereunder shall not operate or be construed as a
waiver of any subsequent breach of that right or as a waiver of any other
right. eBay will not be liable in any amount for failure to perform any
obligation under these Terms and Conditions if such failure is caused by the
occurrence of any unforeseen contingency beyond the reasonable control of such
party, including without limitation Internet outages, communications outages,
fire, flood, war or act of God. The SDK and its underlying technology may not
be downloaded to or exported or re-exported: (a) into (or to a resident or
national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any other country
subject to United States embargo; or (b) to anyone on the US Treasury
Department's list of Specially Designated Nationals or on the US Commerce
Department's Denied Party or Entity List. You will comply with all US Export
Laws. If you reside in the United States of America, this contract is with eBay
Inc., 2145 Hamilton Avenue, San Jose, California 95125, USA. The contracting
party is eBay Europe S.ä.r.l., 22-24 Boulevard Royal, L-2449 Luxembourg if you
reside within the European Union, or if you reside in any other country (other
than India) the contracting party is eBay International AG, Helvetiastrasse
15/17, 3005, Bern, Switzerland. If you reside in India, the contracting party
is eBay India Private Limited, a company incorporated under Companies Act,
1956, with a registered office at 101-B, Akruti Corporate Park, Kanjurmarg
(West), Mumbai 400079, Maharashtra, India.
© 2011 eBay Inc.
