Term of Use

VIDINOTI SA

End User License Agreement

for

VIDINOTI Apps

Last modified: May 23rd, 2018

VIDINOTI offers a solution that combines computer vision, augmented reality and localization to deliver engaging experiences. The VIDINOTI applications for mobile devices (“PixLive Player”, “VidiCoupons”, “V-Player App”, “V-Coupons” or “V-Discover”, called the “Apps” or the “Software”) use the camera and different sensors to analyze the scene and find triggers for content. VIDINOTI Director (“Publisher” or the “Services”) is the content publisher side allowing users to create and deploy content for the Apps. VIDINOTI functionalities can be integrated into third-party apps via VIDINOTI Software Development Kits (“SDKs”). 

This license agreement covers the use of the VIDINOTI Apps

This license agreement (this “agreement” or this “agreement”) is a legally binding agreement between VIDINOTI SA (“VIDINOTI”) and the legal entity you represent (“you” or “you”).  if you use or are seeking to use the software in connection with any work or undertaking you are doing for a business, company or corporate entity (“company”), whether as an employee or contractor, the terms “you” and “you” include, and the terms and conditions hereof are binding on, both you as an individual as well as such company.  in addition, you represent and warrant that you have the authority to bind such company, and that such company has authorized you to accept the terms of this agreement on its behalf.

VIDINOTI is willing to license the software and documentation described in the list below (the “software” or the “software”) to you only on the condition that you accept and agree to all of the terms and conditions in this agreement. By clicking on the “I accept” button below you acknowledge and agree, that you have read this agreement, understand it and agree to be bound by its terms and conditions.  if you do not agree to these terms and conditions, VIDINOTI is unwilling to and does not and will not license the software or provide the documentation to you.  if you do not agree to these terms and conditions you may not commence any installation process and you shall not use the software or retain any copies of the software or documentation, even if you have in any manner come into possession thereof.  Any use or possession of the software and/or documentation by you is subject to the terms and conditions set forth in this agreement.

1. LICENSE GRANT

1.1 License to Software other than Sample Code.

Subject to the terms and conditions of this Agreement, including the limitations, conditions, restrictions and obligations set forth below, VIDINOTI hereby grants to You a personal, non-exclusive, non-sub-licensable, non-transferable, revocable, limited copyright license, during the term of this Agreement, to download, install and use the Apps in machine-readable (i.e. object code) form solely for the Permitted Use.  You may not use the Software and may not accept this Agreement if you are a person barred from receiving the Software under the laws of Switzerland or any other country including the country in which you are resident or from which you use the Software. In addition to any additional software that VIDINOTI provides pursuant to Section 1.5 (Additional Software), the Software licensed hereunder includes the following:

VIDINOTI Player smartphone app for Apple© iOS and Android© devices;

VIDINOTI Discover smartphone app for Apple© iOS and Android© devices

Sample Content Files (e.g., image or other multimedia content).

1.2 Documentation

Subject to the terms and conditions of this Agreement, including the limitations, conditions, restrictions and obligations set forth below, You may reproduce and use a reasonable number of copies of the Documentation on an internal basis only, and solely in support of Your Permitted Use of the Software. Distribution of the Documentation is prohibited without the express written permission of VIDINOTI.

1.3 Third Party Licenses

The Software may contain third party programs.  The license terms associated with those programs apply to your use of them, and in some instances such programs cannot be used or further distributed without a license from the respective owner of such programs. You shall be solely responsible to obtain, if necessary, a separate and independent license from such owner with respect to any such use.  The delivery of the Software does not convey a license, nor imply any rights, to use third party programs.  A separate and independent license for such use may be required and You shall be solely responsible to verify whether such license is needed in conjunction with your use of such third-party programs.

 

The third-party programs contained in The Software as well as their respective license are listed thereafter:

ZBar Copyright (C) 2007-2010 Jeff Brown This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details. You should have received a copy of the GNU Lesser General Public License along with this library; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA

minizip Zip and UnZip additionnal library, March 15th, 2010 Copyright (C) 1999-2010 Gilles Vollant This software is provided ‘as-is’, without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions: 1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. 2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. 3. This notice may not be removed or altered from any source distribution.

JavaScriptCore (WebKit) Copyright (C) 1999-2010 JavaScriptCore contributors This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details. You should have received a copy of the GNU Lesser General Public License along with this library; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA

JSONKit Copyright (c) 2011, John Engelhart All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

assimp Copyright (c) 2006-2012 assimp team All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of the assimp team nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

JsonCpp The JsonCpp library’s source code, including accompanying documentation, tests and demonstration applications, are licensed under the following conditions… The author (Baptiste Lepilleur) explicitly disclaims copyright in all jurisdictions which recognize such a disclaimer. In such jurisdictions, this software is released into the Public Domain. In jurisdictions which do not recognize Public Domain property (e.g. Germany as of 2010), this software is Copyright (c) 2007-2010 by Baptiste Lepilleur, and is released under the terms of the MIT License (see below). In jurisdictions which recognize Public Domain property, the user of this software may choose to accept it either as 1) Public Domain, 2) under the conditions of the MIT License (see below), or 3) under the terms of dual Public Domain/MIT License conditions described here, as they choose. The MIT License is about as close to Public Domain as a license can get, and is described in clear, concise terms at: http://en.wikipedia.org/wiki/MIT_License The full text of the MIT License follows: ======================================================================== Copyright (c) 2007-2010 Baptiste Lepilleur Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. ======================================================================== (END LICENSE TEXT)

lwpb Copyright 2010-2013 Alan Grow Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

1.4 Additional Software

VIDINOTI hereby reserves the right to provide or otherwise make available, at its discretion, additional software to You from time to time.  Any additional software or documentation that VIDINOTI provides to You by express reference to this Agreement will be considered to be part of the Software or Documentation, as the case may be, hereunder, and subject to all terms and conditions of this Agreement.  By accepting, possessing or using such additional software or documentation, which shall include without limitation any related plug-ins as we may directly or indirectly distribute as well as related web applications used to generate image resources, You agree that the terms of this Agreement will apply thereto.

1.6 Bug Reports

You agree to report to VIDINOTI all bugs you experience or encounter with the Software and You agree that VIDINOTI shall have the right to use, without attribution or compensation to You, all feedback (of any nature) which VIDINOTI receives or otherwise obtains from You, in any form, to improve, enhance or modify the Software or otherwise.

2. RESTRICTIONS

2.1 Retention of Rights

As between You and VIDINOTI, VIDINOTI hereby retains all right, title, and interests in and to the Software, including without limitation all copyrights, patent rights, trademark rights and all other intellectual property rights therein or related thereto.  Subject to VIDINOTI ownership rights in and to the Software, You shall retain the copyright rights in and to any modifications to the source code portions of the Software that are made by You as permitted by this Agreement.  This Agreement does not convey or otherwise provide to You title or any ownership rights or interests in or to any intellectual property rights of VIDINOTI or any of its affiliates, including but not limited to (1) those incorporated in the Software or any component of the Software, or (2) any VIDINOTI patents, patent applications, works of authorship, trade secrets, know-how, ideas, or any other subject matter protectable under intellectual property rights laws of any jurisdiction. As between You and VIDINOTI, VIDINOTI is the sole and exclusive owner of and retains all right, title and interest in and to all VIDINOTI software, including, without limitation, the items set forth in (1) and (2) above and all intellectual property rights in each of the foregoing.  Neither the delivery of any Software nor any provision of this Agreement (including, without limitation, the rights and licenses granted by VIDINOTI to You in Section 1 (License Grant)) shall be deemed or construed to grant to You either expressly, by implication, by way of estoppel, or otherwise any right, license, or authority to infringe or immunity from infringement liability under (i) any of VIDINOTI’s or its affiliates’ patents, including, without limitation, any patents covering or relating to the Software, other software, or (ii) any non-patent intellectual property rights of VIDINOTI or its affiliates covering or relating to (a) any product or invention other than the Software or (b) any combination of any Software or VIDINOTI software with any other product or invention.  Any rights not expressly granted to You herein are hereby reserved by VIDINOTI. The foregoing limitations shall in no way be deemed a derogation of the express rights granted by VIDINOTI in Section 1 (License Grant) to You.

2.2 Restrictions

You will not: (i) reverse engineer, disassemble, decompile, or translate the Software, or otherwise attempt to derive the source code version of the Software, except if and only to the extent expressly permitted by applicable law; (ii) use the Software and/or Documentation to create or develop any developer tools (including without limitation plug-ins and middleware) or any software other than end-user targeted augmented reality software applications; (iii) make more copies of the Software and/or Documentation than specified in this Agreement or allowed by applicable law, despite this limitation; (iv)transfer or assign this Agreement or any of the rights, duties or obligations hereunder (note however that You may transfer and assign Your software applications that You develop in accordance with the Documentation and the Permitted Use, provided that, and You inform the transferee/assignee that, the terms and conditions of this Agreement shall continue to fully apply and bind You as well as the transferee/assignee with respect thereto); (v) except as expressly permitted hereby, rent, lease, loan or otherwise in any manner provide or distribute the Software and/or Documentation or any copy of thereof to any third party; (vi) access or use for any purpose any application protocol interface (API) other than such APIs as are expressly described in the Documentation; or (vii) except as expressly permitted under Section 1 (License Grant), reproduce, distribute, publicly perform, publicly display or create derivative works of or based on the Software and/or Documentation, or disclose, provide or otherwise transfer, in any manner, to any third party the Software, Documentation or any portion thereof. The license to the Software and Documentation granted to You hereunder is solely for the Permitted Use expressly set forth in Section 1 (License Grant) and the Software and Documentation shall not be used for any other purpose or use.

3. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SOFTWARE AND DOCUMENTATION IS AT YOUR SOLE RISK. THE SOFTWARE, DOCUMENTATION AND TECHNICAL SUPPORT, IF ANY, ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, VIDINOTI AND ITS LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 4, 5, AND 6, VIDINOTI AND ITS LICENSOR(S) SHALL BE COLLECTIVELY REFERRED TO AS VIDINOTI) EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. VIDINOTI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR DOCUMENTATION WILL BE CORRECTED.  FURTHERMORE, VIDINOTI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIDINOTI OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE ANY REPRESENTATION OR WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY EXPRESS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED.

4. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL VIDINOTI, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY DOWNLOAD, INSTALLATION OR USE OF, OR INABILITY TO USE, THE SOFTWARE AND/OR DOCUMENTATION, EVEN IF VIDINOTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY OR MAY BE LIMITED. VIDINOTI HAS NO OBLIGATION TO DEFEND, INDEMNIFY OR HOLD YOU HARMLESS UNDER THIS AGREEMENT.  IN NO EVENT SHALL VIDINOTI’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE OR OTHERWISE) EXCEED ONE THOUSAND SWISS FRANCS (CHF 1’000) OR THE EQUIVALENT THEREOF IN ANY OTHER CURRENCY.

5. CONSENT TO COLLECTION AND USE OF NON-PERSONAL DATA.

 You hereby confirm your understanding that the Software enables VIDINOTI to, and You agree that VIDINOTI and/or its affiliates may, collect and use technical and related information, including but not limited to: (i) information about the end users’ devices such as device unique identifier, make, model, operating system name and version and kernel version, (ii) information about our Software used to create your software or augmented reality end user application such as the SDK version and device profile, and (iii) information about your software or augmented reality application and its use such as settings (e.g., camera resolution settings, configuration settings), start and stop dates and times, camera on/off events, target image obtained/lost events, and other general usage information (collectively “Statistics”).  You further hereby confirm your understanding that the Software enables VIDINOTI and/or its affiliates to, and You agree that VIDINOTI and/or its affiliates may, collect and use Statistics to: (a) facilitate the provision of new products, updates, enhancements and other services, (b) to improve the Software and our products, services and technologies and (c) to provide new products, services or technologies to You and/or our customers.

VIDINOTI’s detailed Pricacy Policy can be found at  www.vidinoti.com/privacy-policy/

6. TERM AND TERMINATION

This Agreement shall be effective upon acceptance by You and shall continue until terminated.  You may terminate the Agreement at any time by deleting and destroying all copies of the Software. This Agreement terminates immediately and automatically, with or without notice, if You fail to comply with any provision hereof.  Additionally, VIDINOTI may at any time terminate this Agreement, either with or without cause, upon notice to You.  Upon termination You must delete or destroy all copies of the Software, and the license and other rights granted to You in this Agreement shall terminate. Sections 2 through 15 shall survive the termination of this Agreement.

7. USE OF VIDINOTI NAMES AND LOGO

You shall not display or make any use of VIDINOTI’s or its affiliates’ names, marks or logos in connection with your application without the prior written approval of VIDINOTI. VIDINOTI may, at its sole discretion, provide additional promotional and/or marketing opportunities with respect to such of your applications that display the VIDINOTI and derivative names and logos on its splash screen.

8. GENERAL

This Agreement is governed and interpreted in accordance with the laws of Switzerland without giving effect to its conflict of laws provisions that would result in the application of the laws of a different state. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed and shall not apply. Any claim, lawsuit or proceeding arising out of or related to this Agreement must be brought exclusively in the courts of Fribourg, Switzerland and You hereby consent to the jurisdiction and venue of such courts. The Parties agree, and confirm their mutual intention, that neither this Agreement nor any of the terms of this Agreement will be enforceable by virtue of the Contract (Rights of Third Parties) Act 1999, or otherwise, by any person/entity not a direct party to it. If any provision of this Agreement shall be invalid, the validity of the remaining provisions of this Agreement shall not be affected.

9. ENTIRE AGREEMENT; AMENDMENT; LANGUAGE

This Agreement is the entire and exclusive agreement between VIDINOTI and You with respect to the Software and Documentation and supersedes all prior agreements (whether written or oral) and other communications between VIDINOTI and You with respect to the Software and Documentation.  Except to the extent that VIDINOTI is expressly precluded by applicable law, VIDINOTI further reserves the right to make changes to this Agreement, to reflect changes in business practices or to reflect changes in or required by law or otherwise, by providing You with reasonable notice of the changes, which notice may be sent in writing or electronically or which may be made by posting notice of update at  https://www.vidinoti.com/eula/ with a link to the updated version.  You will be responsible for reviewing and becoming familiar with any and all such changes. If You continue to use the Software or Documentation after notice of any changes has been provided or posted, You shall be deemed to have accepted any and all such changes.  Otherwise, this Agreement may be modified only by a written amendment executed by both You and VIDINOTI.  This Agreement is entered into solely in the English language, and if for any reason any other language version is prepared by any party, it shall be solely for convenience and the English version shall govern and control in all respects.  If You are located in the province of Quebec, Canada, the following applies:  The parties hereby confirm they have requested this Agreement and all related documents be prepared in English.  Les parties ont exigé que le présent contrat et tous les documents annexes soient rédigés en anglais.