REDLASER SDK (EVALUATION)
(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.
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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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).
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).
10. 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.
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.