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End User License Agreement for Pupil Mobile

THIS APPLICATION IS LICENSED, NOT SOLD. YOUR USE OF THE APPLICATION (AS SPECIFIED BELOW) IS SUBJECT TO THIS LIMITED WARRANTY AND LICENSE AGREEMENT FOR END USERS AND THE TERMS AND CONDITIONS SET FORTH HEREIN (the “Terms “).

For purposes of these Terms, “Application” refers to Pupil Mobile. Application also includes any Application updates and upgrades that Pupil Labs may provide to you or make available to you, or that you obtain after the date you obtain your initial copy of the Application, to the extent that such items are not accompanied by a separate license agreement or Terms of Use.

Pupil Mobile is developed by, and owned, and operated by, Pupil Labs UG (“Pupil Labs”), registered in Berlin, Germany. These Terms constitute an agreement between you and Pupil Labs.

These Terms should be read in conjunction with the Privacy Policy, as both documents cover your use of the Application. These Terms were last modified on January 24, 2017.

BY INSTALLING, USING, OR ACCESSING THE APPLICATION, YOU HEREBY ACCEPT THESE TERMS AND THE PRIVACY POLICY WITHOUT QUALIFICATION. You have also explicitly accepted the Terms and Privacy Policy following your installation of the Application and launch of the Application for the first time. If you do not agree to these Terms and the Privacy Policy, do not use or access the Application, and delete it from the device on which the Application was installed (the “Device”).

If you have any questions about the Terms, contact: Pupil Labs - info@pupil-labs.com

1. USE OF THE APPLICATION

1.1. Pupil Labs grants you the non-exclusive, non-transferable, non-sublicensable, limited right and license to install and use the Application solely and exclusively for your personal use, or the use of any other third party with access to the Device.

1.2. You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).

1.3. You agree that you are solely responsible for (and that Pupil Labs has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the Terms, and for the consequences (including any loss or damage which Pupil Labs may suffer) of any such breach. Where a third party uses the Application on your Device, you are solely responsible for conforming these Terms and any breach thereof shall be your responsibility.

1.4. You agree that you shall be the sole owner of the end products of your use of the Application (“Recordings”). You agree that you shall not use the Application to make Recordings in violation of any applicable criminal or civil law. Pupil Labs shall in no way be responsible for your use of the Application or Recordings (whether in violation of an applicable law or not) and specifically disclaims any responsibility thereto.

2. PROPRIETARY RIGHTS

You acknowledge that (2.1.1) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (2.1.2) Pupil Labs and/or third parties own all right, title and interest in and to the Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto. The Application is being licensed to you and you hereby acknowledge that no title or ownership in the Application is being transferred or assigned and these Terms should not be construed as a sale of any rights in the Application. All rights not specifically granted under these Terms are reserved by Pupil Labs UG and its licensors. “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 applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You agree that you will not, and will not allow any third party to, (2.2.1) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted, (2.2.2) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application, (2.2.3) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (2.2.4) remove, obscure, or alter Pupil Labs’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.

3. PRIVACY POLICY AND PERMISSIONS

3.1. The Application’s Privacy Policy explains how Pupil Labs treats your information and protects your privacy when you use the Application. By installing, accessing or using the Application you explicitly agree to the use of your data in accordance with the Privacy Policy, which may be updated from time to time and without notice.

3.2. By installing, accessing or using the Application, you consent to those information collection and usage terms, including (where applicable) the transfer of data into a country outside of Germany.

3.3. In addition to personal information, the Privacy Policy also describes how the Application accesses functions of the Device that are not part of the Application and developed by third parties. These are known as permissions, and you agree that Pupil Labs has the right to access third-party computer code on the Device in this manner.

4. TERMINATION

These Terms will continue to apply until terminated by either you or Pupil Labs as set forth herein. You may terminate these Terms at any time by permanently deleting the Application from your Device in its entirety. Your rights automatically and immediately terminate without notice from Pupil Labs or any Third Party if you fail to comply with any provision of these Terms. In such event, you must immediately delete and destroy all copies of the Application and all of its component parts and cease and desist from accessing any service components of the Application.

5. INDEMNITY

To the maximum extent permitted by law, you agree to defend, indemnify and hold Pupil Labs, its partners, affiliates and their respective directors, officers, contractors, 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 your use of the Application, including your downloading, installation, or use of the Application, or your violation of these Terms.

6. DISCLAIMER OF WARRANTIES

6.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.

6.2. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

6.3. THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.

6.4. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

7. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PUPIL LABS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APPLICATION, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR DEVICE, WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

8. MISCELLANEOUS

8.1. These Terms and the Privacy Policy constitute the entire Agreement between you and Pupil Labs relating to the Application and govern your use of the Application, and completely replace any prior or contemporaneous agreements between you and Pupil Labs regarding the Application. b. The section titles in the Terms and Privacy Policy are for convenience only and have no legal or contractual effect.

8.2. The failure of Pupil Labs to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision, which will still be available to Pupil Labs.

8.3. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms or Privacy Policy is invalid, then that provision will be removed from the Terms or Privacy Policy without affecting the rest of the Terms or Privacy policy. The remaining provisions of these Terms and Privacy policy will continue to be valid and enforceable.

8.4. The rights granted in these Terms may not be assigned or transferred by either you or Pupil Labs without the prior written approval of the other party. Where a third party uses the Application installed on your device, you are legally responsible for that third party’s use and are bound by these Terms. Neither you nor Pupil Labs are permitted to delegate their responsibilities or obligations under these Terms without the prior written approval of the other party.

8.5. You hereby agree that if these Terms are not specifically enforced, Pupil Labs will be irreparably damaged, and therefore you agree that Pupil Labs shall be entitled, without bond, other security or proof of damages, to all appropriate equitable or similar remedies, including injunctive relief, with respect to your breach of any of the terms of these Terms, in addition to any other available remedies.

8.6. Use of the Application shall be governed by and construed in accordance with the laws of Germany in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Pupil Labs shall be brought exclusively in the courts of the District Court of Berlin (Charlottenburg), Germany.

8.7. Pupil Labs shall not be liable for any failure to perform its obligations under the present EULA where such failure results from any cause beyond Pupil Lab’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.

8.8. The English language version of these Terms shall prevail and any translation into other languages other than English is for convenience only.

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