This end user license agreement (this “EULA”) is a binding agreement. By installing or using the Application or Services that are the subject of this EULA you acknowledge that you have read this EULA, that you understand it, and that you agree to be bound by its terms. If you do not agree with the terms and conditions of this EULA, do not accept this EULA and do not install or use the Application.
Neomatix invests effort in order to provide a high quality product, and to deliver accurate and reliable results. However, due to the nature of computer visions technology and the scan process, results depend upon many factors including but not limited to equipment, the environment, Vehicle Load and user proficiency. You understand that the Application may not provide precise measurements under all conditions. The Application should only be used as a tool to assess tire pressure but cannot serve as a substitute for conventional equipment or the services of a professional and qualified mechanic. You should use a professional and qualified mechanic to investigate any mechanical or other problems with your vehicle.
1. Grant of License. Neomatix, Ltd. (“Licensor”) provides an application for monitoring tire pressure based on advanced computer vision and image processing algorithms (the “Application”). Subject to the terms and conditions of this EULA, Licensor grants you a non-exclusive, non-transferable license to install a single copy of the Application and use the Application solely for your own personal or internal needs. You may not use the Application for commercial purposes such as, for example, to provide mechanic services to third parties.
2. Restrictions. Except as expressly permitted hereunder you may not, nor may you assist other parties to (a) copy, modify, or create derivative works of the Application or part thereof, (b) distribute, sell or transfer the Application or part thereof or sublicense your right to use the Application hereunder, (c) reverse-engineer, disassemble, or attempt to derive the source code of the Application or part thereof, (d) attempt to disable or circumvent any security or access control mechanism of the Application, or (e) remove any trademarks or notices (including copyright notices) from the Application. You may not use the Application in violation of any applicable law or regulation. You must be at least 16 years of age to use the Application, and you must either have a valid drivers license or permit or be accompanied or supervised by an adult with a valid drivers license or permit. If you are under 18 years of age, you must have the permission of your parent or guardian to use the Application.
3. Ownership. You have no ownership rights in the Application. Rather, you have a license to use the Application only so long as this EULA remains in effect. Ownership of the Application and all intellectual property rights therein shall remain at all times with Licensor or its licensors. No rights are granted hereunder by estoppel or by implication. All rights not granted to you herein are reserved to Licensor or its licensors. Any references to the sale or transfer of the Application herein or in any other communication between Licensor and you shall mean only the license of the Application pursuant to the terms and conditions of this EULA. You have no obligation to provide us with any feedback concerning the Application. Nevertheless, if you provide us with any feedback concerning the Application, you also provide us with a non-exclusive, perpetual license to make all uses of such feedback.
5. Warranty Disclaimer. To the maximum extent permitted by applicable law, the Application is provided “AS-IS”. Licensor and its licensors expressly disclaim any warranties with respect to the Application and any measurements provided by the application. Licensor disclaims any statutory or implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. measurements provided by the application are sensitive to slight changes in measuring conditions. Measurements depend on the performance of the camera of your mobile device, which may be affected by measuring conditions including, without limitation, weather conditions, poor lighting conditions, glare, reflections or the angle of measurement. Licensor does not warrant that the Application will provide precise measurements. use of the Application not in compliance with Licensor’s instructions will likely result in inaccurate measurements. Use of the Application is not a substitute for the use of a pneumatic pressure gauge, as may be recommended by vehicle and/or tire manufacturers or the services of a professional mechanic nor is it a substitute for a tire pressure monitoring system (TPMS) as may be required by law or regulations in certain countries. Licensor does not warrant that the Application will meet your requirements, that the operation of the Application will be continuous or error-free, that the Application will operate as intended or at all under all conditions, or that any defects in the Application will be corrected by licensor.
6. Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall Licensor or its licensors be liable to you or any other entity for indirect, special, incidental or consequential damages (including, but not limited to, loss of profits, loss of data or loss of use damages) as a result of the Application or the use thereof, even if Licensor has been advised of the possibility of such damages or losses. To the maximum extent permitted by applicable law, licensor’s (and its licensors) liability for the Application or under this EULA or for the use of the Application shall not exceed amounts actually paid by you to Licensor specifically for the use of the Application. As such, if you have not made any payments to Licensor specifically for the use of the Application, Licensor shall not have any Liability to you. Licensor may make available updates of the Application from time to time. Licensor shall have no liability hereunder for versions of the Application for which all available updates have not been installed. You must ensure that all use of the Application is under safe conditions. Licensor shall not have any liability for the use of the Application in unsafe conditions such as, for example, on roadways or in adverse weather conditions.
7. Recommendations; Content. The Application may provide information regarding safety recommendations, optimal tire pressure on individual vehicle models or information regarding the locations of service stations. All such information is provided without any warranty or recommendation. All use of the Application is at the sole risk and responsibility of the users. The Application may also provide information regarding the costs of underinflated tires or possible savings from ensuring that your tires are inflated at the proper pressure. All such information consists only of estimations and Licensor does not guarantee the accuracy of such estimations.
8. Indemnification. You shall defend, indemnify and hold Licensor, its affiliates, employees, officers, directors and agents harmless from and against any and all losses, liabilities, costs and expenses arising out of or connected with any third party allegations (even though such allegations may be false, fraudulent or groundless) that you breached any provision of this EULA, or any representation or warranty made by you herein. Notwithstanding such obligations, Licensor may control any defense of such claims. If Licensor allows you to defend such claims, your choice of counsel must be reasonably satisfactory to Licensor. You shall not settle or compromise claims that impose any obligation on Licensor or admits any fault on the part of Licensor without its prior written consent. Licensor may participate in the defense of all claims with counsel of its own choice at its own expense.
9. Termination. This EULA shall terminate if you violate its terms, provided that Licensor may provide you with a period to cure such breach in its sole discretion. Upon termination, you must immediately cease use of the Application. Sections 2 – 10 of this EULA shall survive the termination of this EULA for any reason.
11. General. This EULA shall be construed, interpreted and governed by the laws of the State of New York without regard to conflicts of law provisions thereof. Any action, suit or other proceeding arising under or relating to this EULA shall be brought in a court of competent jurisdiction in the state or federal courts in the City of New York, and the parties hereby consent to the sole jurisdiction of such courts. The rights and obligations of the parties to this Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Any waivers of any condition of this EULA must be in writing, and the waiver of any requirement in certain situations or circumstances shall not be interpreted as the waiver of such requirement in other situations or circumstances. This EULA constitutes the entire agreement between the parties hereto. Any amendment or modification of this EULA shall only be effective if it is in writing and signed by both parties hereto. If any part of this EULA is found invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted as necessary to give maximum effect to its provisions and the remainder of this EULA shall remain in effect. Licensor may assign or transfer any of its rights or obligations hereunder without your consent. You may not assign any of your obligations or rights hereunder. Licensor communicates with its users electronically and on-line and, as such, you consent to receive all communications and notices electronically from Licensor (including through the Application) or to an email address that you have provided to Licensor. All such communications or notifications shall be considered as having been provided in writing. Licensor reserves the right to update or modify the Application at any time, from time to time in its sole discretion, including without limitation to increase or change functionality of the Application. Licensor may cease providing or maintaining the Application at any time.
12. Required Notice. The Application makes use of the “Open Source Computer Vision Library” pursuant to the license set forth below (the “OpenCV License”). The OpenCV License requires that the following notice and disclaimer be reproduced in documentation of the Application. The following notice and disclaimer is reproduced for information purposes only according to the provisions thereof and do not govern the use of the Application or supersede the terms of the EULA.
Copyright (C) 2000-2008, Intel Corporation, all rights reserved.
Copyright (C) 2008-2011, Willow Garage Inc., all rights reserved.
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Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
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