PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (REFERRED TO AS “LICENSE”) CAREFULLY BEFORE INSTALLING AND USING THE DOORMETRICS SOFTWARE. BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, CLICKING THE ‘ACCEPT’ BUTTONS, AND USING THE DOORMETRICS SOFTWARE, OR OTHERWISE ACCEPTANCE OF THESE TERMS, YOU (REFERRED TO AS “LICENSEE”) REPRESENT AND WARRANT THAT (1) YOU ARE AUTHORIZED TO BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF WILL USE THE DOORMETRICS SOFTWARE, AND (2) YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE DOORMETRICS SOFTWARE.
Permitted License Uses and restrictions:
(a) Subject to the terms and conditions of this License and as permitted in the “Usage Rules” set forth in the App Store Terms and Conditions, you are granted a limited nontransferable license to install and use the DOORMETRICS software on any Apple-branded iPhone, iPod Touch, or iPad that you own or control. You may not distribute or make the DOORMETRICS Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the DOORMETRICS software.
(b) You may not and you agree not to, or to enable others to, copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the DOORMETRICS software or any services provided by the DOORMETRICS Software, or any party thereof. Any attempt to do so is a violation of the rights of VRC.
(d) This LICENSE is effective until terminated. Your rights under this LICENSE will terminate automatically or otherwise cease to be effective without notice from DOORMETRICS, INC 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 DOORMETRICS Software and destroy all copies of the DOORMETRICS Software.
INTELLECTUAL PROPERTY RIGHTS:
LICENSEE acknowledges that the DOORMETRICS Software is the sole and exclusive property of DOORMETRICS, INC and contains Intellectual Property Rights and constitutes proprietary and confidential information as protected by applicable intellectual property and other laws. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all SDK, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. LICENSEE shall not take any action that interferes with or diminishes Licensor’s Intellectual Property Rights.
Consent to use of data:
LICENSEE agrees that DOORMETRICS, INC may collect, maintain, process and use diagnostic, technical and related information, including but not limited to information about your iPhone, iPod Touch, iPad, application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the DOORMETRICS Software, and to verify compliance with the terms of this License. DOORMETRICS, INC may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
State and Local Privacy Laws, Ordinances or Rules:
Some states and local government units regulate the who, how and what information from a driver’s license can be electronically viewed or recorded. It is up to you the user, to check with the authorities in your jurisdiction before using the DOORMETRICS Software. LICENSEE (YOU) is wholly responsible for insuring full compliance with the laws of the jurisdiction wherein the product is to be used. DOORMETRICS, INC FULLY DISCLAIMS ANY LIABILITY FOR ANY LOSS, DAMAGES OR UNTOWARD CIRCUMSTANCES THAT MAY ARISE FROM THE INAPPROPRIATE USE OF THE PRODUCT OR OF THE DATA RETRIEVED THROUGH ITS USE.
DISCLAIMER OF WARRANTIES:
THE DOORMETRICS SOFTWARE IS PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER; VRC DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE DOORMETRICS SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. DOORMETRICS, INC FURTHER DOES NOT REPRESENT OR WARRANT THAT THE DOORMETRICS SOFTWARE WILL ALWAYS WORK PROPERLY ON LICENSEE’S APPLE DEVICE IN AN UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE MANNER.
LICENSEE ASSUMES ALL RISKS ARISING OUT OF LICENSEE’S USE OF THE DOORMETRICS SOFTWARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSIONS AND LIMITATIONS AS SPECIFIED HERE AND TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO LICENSEE. LICENSEE FURTHER ACKNOWLEDGES THAT THE DOORMETRICS SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE DOORMETRICS SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
LIMITATION OF LIABILITY:
LICENSEE UNDERSTANDS AND AGREES THAT VRC AND ITS AFFILIATES WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM LICENSEE USE OF THE DOORMETRICS SOFTWARE OR DERIVATIVE WORKS, AS SET FORTH BELOW. IN NO EVENT SHALL DOORMETRICS, INC OR ITS AFFILIATES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSE WORK OR DERIVATIVE WORKS, EVEN IF VRC OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE’S ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE DOORMETRICS SOFTWARE IS LIMITED TO THEIR REMOVAL FROM LICENSEE’S APPLE DEVICE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSIONS AND LIMITATIONS AS SPECIFIED HERE AND TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO LICENSEE.
To the maximum extent permitted by law, LICENSEE agrees to defend, indemnify and hold harmless DOORMETRICS, INC, its affiliates and respective directors, officers, employees and agents harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from LICENSEE’S downloading, installing, use of the DOORMETRICS SOFTWARE, or violation of this Agreement.
BY INSTALLING AND USING THE DOORMETRICS SOFTWARE, LICENSEE IS AGREEING TO BE BOUND BY THE TERMS, OBLIGATIONS, AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE DOORMETRICS SOFTWARE.