1.1 The software, documentation, interfaces, content, fonts and any data that came with your Iziproto interface, as may be updated or replaced by feature enhancements or software updates provided by InSolem, in any form are licensed, not sold, to you by InSolem SARL (“InSolem”) for use only under the terms of this License. InSolem retains ownership of the Iziproto interface and reserves all rights not expressly granted to you.
1.2 InSolem may release future updates for Iziproto, at its discretion. The Iziproto Updates, if any, may not necessarily include all existing software features or new features that InSolem makes available for newer or other models of Iziproto. The terms of this License will govern any Iziproto Updates provided by InSolem that replace and/or supplement the Iziproto Software product, unless such Iziproto Update is accompanied by a separate license. In this case the terms of that license will govern.
- Permitted License Uses and Restrictions
2.1 Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the Iziproto Software on three different SD cards. Unless provided in a separate agreement between you and InSolem, this License does not allow the Iziproto Software to exist on more than three SD cards, and you may not distribute or make the Iziproto Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use InSolem proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications.
2.2 You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Iziproto Software or any services provided by the Iziproto Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the Iziproto Software).
2.3 You agree to use the Iziproto Software in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Iziproto Software and Services.
2.4 Iziproto will periodically check with InSolem for available updates and, if one is available, the update will automatically inform you in your Iziproto interface.
You may not rent, lease, lend, sell, redistribute, or sublicense the Iziproto Software.
- Consent to Use of Data
When you use your Iziproto software, InSolem may collect and use technical information gathered as part of its support services, but may only use this information to improve its products and services. InSolem shall not disclose any of this information in a form that personally identifies you.
This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from InSolem if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Iziproto Software. Sections 4, 5, 6, 7, 8 of this License shall survive any such termination.
- Disclaimer of Warranties
6.1 If you do not use Iziproto for commercial/business purposes, you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
6.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE IZIPROTO SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE IZIPROTO SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
6.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE IZIPROTO SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. INSOLEM AND ITS LICENSORS, IF ANY, (TOGETHER REFERRED TO AS “INSOLEM” FOR THE SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE IZIPROTO SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
6.4 INSOLEM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE IZIPROTO SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION DESIRED BY YOU, OR THAT THE SOFTWARE’S OPERATION WILL BE UNINTERRUPTED OT ERROR FREE. INSOLEM DOES NOT MAKE AND WILL NOT BE LIABLE FOR ANY WARRANTIES OTHER THAN EXPRESSLY INCLUDED IN THIS AGREEMENT.
6.5 YOU FURTHER ACKNOWLEDGE THAT THE IZIPROTO SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE IZIPROTO SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
6.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INSOLEM SHALL CREATE A WARRANTY. SHOULD THE IZIPROTO SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
- Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES WHATSOEVER ARISING FROM OR RELATING TO THE IZIPROTO SOFTWARE, THE SOFTWARE CONTENT OR THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
In no event shall InSolem’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of the license of fifty Euros (50.00 €). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- Controlling Law and Severability
This License will be governed by the laws of the State of France, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
- Complete Agreement
Governing Language. This License constitutes the entire agreement between you and InSolem relating to the Iziproto Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by InSolem. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
InSolem, Strasbourg, 16th February 2016