This End User License Agreement (“EULA”) is a legal agreement Deepsight Réalité Augmentée, Inc. located at 474, Rue McGill, Suite 210, Quebec (Quebec) Canada H2Y 2H2 (“DeepSight” or “we”) and the individual or entity (“Client” or “you”) that is a party to a DeepSight Services Agreement.
IF YOU ARE NOT A DEEPSIGHT CLIENT LEGALLY BOUND UNDER A DEEPSIGHT SERVICES AGREEMENT (OR AN EMPLOYEE, CONTRACTOR OR OTHER AUTHORIZED END USER OF A DEEPSIGHT CLIENT), YOU CANNOT DOWNLOAD, INSTALL OR USE THE APPLCATION THAT IS THE SUBJECT OF THIS EULA ON A COMPUTING DEVICE.
This EULA is a legal agreement that governs Client’s access and use of our mobile application [DeepSight App] including all related documentation (“DeepSight Software”) available on the Apple App Store or Windows Store. For our data handling practices, please refer to our Privacy Policy, here.
Subject to your compliance with the terms and conditions of this EULA, we grant you, a non-exclusive, non-sublicensable, non-transferable, limited and revocable right and license to access, download and use the DeepSight Software on any mobile or similar device that you own or control. You may not sell, transfer, sublicense, public, disclose or otherwise make available the DeepSight Software to any third party without our prior written consent.
The license granted herein does not grant or confer any ownership right or title to the DeepSight Software. We reserve all rights not expressly granted under this EULA.
Except otherwise indicated, all Intellectual Property in and to the DeepSight Software, including any DeepSight logos, trademarks and service marks, are owned and held by DeepSight and/or its licensors. We do not grant you any rights, implied or otherwise, to our Intellectual Property. Except as provided herein, you shall not use any portion of the DeepSight Software, or any other Intellectual Property of DeepSight, on any other application or Web site, in the source code of any other application or Web site, or in any other printed or electronic materials.
Third-party trademarks, trade names, product names and logos (“Third-Party Trademarks”) contained in or used by the DeepSight are the trademarks of their respective owners, and the use of such Third-Party Trademarks shall inure to the benefit of the trademark owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by DeepSight and its licensors with such company, or (ii) an endorsement or approval of such company of DeepSight and its licensors and its products or DeepSight Software. In the event of any third-party claim that the DeepSight Software or your possession and/or use of the DeepSight Software infringes that third party’s intellectual rights, DeepSight will be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You are solely responsible for the content, accuracy, completeness and lawfulness of the data that you upload, download, install, or otherwise process through the DeepSight Software. We take no responsibility for the content, accuracy, completeness and lawfulness of such data.
The DeepSight Software is provided on an “as is” basis. To the maximum extent permitted by law, we make no other representations, conditions, warranties or guarantees, express or implied, regarding the accuracy, reliability or completeness of the DeepSight Software. We expressly disclaim any and all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the DeepSight Software will be uninterrupted or error free. We do not make any warranty as to the results that may be obtained from the use of the DeepSight Software. To the maximum extent permitted by law, you hereby waive your rights in any of the foregoing warranties, representations or conditions, whether express or implied.
We do not operate the networks of, or have any control over the operations of, the wireless or other communications service providers through which you may access the DeepSight Software. Accordingly (i) we disclaim all responsibility and liability for or relating to your use of any such providers to access the DeepSight Software and (ii) we cannot guarantee the privacy or security of wireless data transmissions. You should consult your Internet service provider about their privacy and security practices.
To the maximum extent permitted by law, you agree to defend us and hold us harmless (including our affiliates, subsidiaries, licensors, suppliers, service providers, contractors, and agents, as well as their respective employees, directors, officers, contractors and agents) against any and all claims, penalties, fine, cost, expenses (including reasonable attorney’s fees), actions, damages, losses or liabilities directly or indirectly arising out of, related to, in connection with or resulting from:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, IN CONNECTION WITH THE PERFORMANCE OF THE DEEPSIGHT SOFTWARE, EVEN IF THE PARTY IS AWARE OF THE POSSIBILITY OF OCCURRENCE OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OR IN CONNECTION WITH THIS EULA, WHETHER ARISING BY STATUTE, CONTRACT TORT OR OTHERWISE, WILL NOT EXCEED FIFTY DOLLARS CANADIAN (50$).
This DeepSight Software is subject to applicable export control laws and regulations. You shall not, directly or indirectly, export, re-export, or release the DeepSight Software to, or make the DeepSight Software accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export licence or other governmental approval), before exporting, re-exporting, releasing, or otherwise making the DeepSight Software available outside of Canada.
You agree not to use the DeepSight Software for purposes which are restricted by international treaties and applicable laws.
This EULA shall be governed by and construed in accordance with the laws of Quebec, Canada, without giving effect to any choice or conflict of law provision or rule (whether in Quebec or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of Quebec, Canada. Any legal suit, action or proceeding, arising out of these EULA or any transactions hereunder shall be instituted exclusively in Montreal, Quebec, Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
If any provision of this EULA is in violation of any governmental statute or regulation, or is illegal for any reason, said provision shall be self-deleting without affecting the validity of the remaining provisions.
The waiver of a breach of any provision of this EULA will not operate or be interpreted as a waiver for any other or subsequent breach.
We shall not be liable for delays in or failure of performance hereunder due to causes beyond its reasonable control, including, but not limited to, acts of God or public enemy, acts of government in either its sovereign or contractual capacity, flood, earthquake or other natural disaster, strike or other labor disputes, epidemic, acts of war, acts of civil disobedience, denial-of-services and distributed-denial-of-services, ransomware and other cyber-attacks that are not caused or facilitated by our gross negligence.
We may assign this EULA, in whole or in part, at any time with or without notice to you. You may not assign this EULA, or part of it, to any other person without our prior written approval. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the DeepSight Software or any part of the DeepSight Software.
If you are downloading and accessing the DeepSight Software from Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of this EULA, Apple will have the right to enforce this EULA against you as a third-party beneficiary thereof.
We may update this EULA from time to time, you should ensure to review it whenever you use the DeepSight Software. We will also inform you of significant changes we make to our EULA in a timely manner.
This EULA have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.