END USER LICENSE AGREEMENT
Last updated August 31, 2022
BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE USE OF THIS PRODUCT, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE HEREIN CONTAINED TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, YOU THEN HAVE NO RIGHTS TO THE PRODUCT AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS NOR USE THE PRODUCT.
THIS PRODUCT IS PROTECTED BY COPYRIGHT LAWS, AS WELL AS ANY OTHER INTELLECTUAL PROPERTY LAWS. THIS PRODUCT IS LICENSED AND NOT SOLD.
1.01 “Agreement” or “License” or “EULA” shall mean this End User License Agreement.
1.02 “Licensee” or “You” or “Your” or “You’re” or “Yourself” shall mean You, the individual or business entity licensing the Product under the terms of this Agreement.
1.03 “Intellectual Property” means current and future worldwide rights under patent law, copyright law, trade secret law, trademark law, moral rights law, and other similar rights.
1.04 “Update” means a major, standalone version of the Product, which may include additional applications, features, or functionality.
1.05 “Upgrade” means maintenance of, or a fix to, a version of Product, including, but not limited to: a hotfix, path, or enhancement, none of which function as a standalone service or other software package and which do not have an additional cost for any existing Licensee.
1.06 A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality), and that person’s legal and personal representatives, successors, and permitted assigns.
1.07 Words in the singular shall include the plural and vice versa.
1.08 A reference to one gender shall include a reference to the other genders.
1.09 A reference to a statute, statutory provision, or subordinate legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment, and includes any statute, statutory provision, or subordinate legislation which it amends or re-enacts; provided that, as between the Parties, no such amendment or re-enactment shall apply for the purposes of this Agreement to the extent that it would impose any new or extended obligation, liability or restriction on, or otherwise adversely affect the rights of, any Party.
1.10 A reference to writing or written includes e-mail.
1.11 Any obligation in this Agreement on a person not to do something includes an obligation not to agree or allow that thing to be done.
1.12 Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.13 References to articles, sections, or clauses are to the articles, sections, and clauses of this Agreement.
1.14 “We”, “us”, and “our”, mean OneOrigin, Inc.
1.15 “Content” means the documents, software, products, and services contained or made available to the Client in the course of using the Service.
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. NO MAINTENANCE AND SUPPORT
5. USER-GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
9. PRODUCT CLAIMS
10. LEGAL COMPLIANCE
11. CONTACT INFORMATION
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
14. INTELLECTUAL PROPERTY RIGHTS
15. APPLICABLE LAW
1. THE APPLICATION
StreaQ (“Licensed Application”) is a piece of software created for a customer-oriented cloud rendering and streaming service. - and customized for mobile devices (“Devices”). The application’s main use is to provide an accessible and easy platform with which to deploy 3D applications. Additionally, the application streamlines the ease of sharing their 3D content with clients and customers.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
OneOrigin, Inc. shall grant the Licensee a non-exclusive, non-transferable, right to use the Service, solely for the Licensee's own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to the Licensee are reserved by OneOrigin and its licensors. The Licensee may not access the Service if they are a direct competitor of OneOrigin, except with OneOrigin’s prior written consent. In addition, the Licensee may not access the Service for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes. The Licensee shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. The Licensee may use the Service only for internal business purposes and shall not: (i) publicize infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights; (ii) material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (iv) attempt to gain unauthorized access to the Service or its related systems or networks. Furthermore, this EULA shall also govern any and all software Updates and Upgrades provided by OneOrigin, Inc. that would replace, overwrite and/or supplement the original installed version of the Product, unless those other Updates and Upgrades are covered under a separate license, in which case the terms of that license will govern.
3. USE OF DATA
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
4. TECHNICAL REQUIREMENTS
4.1 The Licensed Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
4.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
4.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
4.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
5. NO MAINTENANCE OR SUPPORT
5.1 The Licensor is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application.
OR IF NOT
The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the Overview for this Licensed Application.
5.2 OneOrigin, Inc. and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
6. USER-GENERATED CONTRIBUTIONS
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
By submitting suggestions or other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
In spite of any damages that You may or may not incur for any reason, which may include, but are not limited to, any and all direct or general damages, the entire liability of OneOrigin, Inc. and/or any of the aforementioned suppliers covered under the herein contained provisions of this EULA, along with Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actually paid by You for this Product. The aforementioned limitations, exclusions, and any disclaimers shall apply to the maximum extent allowable by law, even should any proposed remedy fail its essential purpose.
8.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability and responsibility for any damages caused due to a breach of duties according to Section of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, or used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of OneOrigin, Inc.'s sphere of influence that affect the executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and notify OneOrigin, Inc. about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been emailed within a period of ninety (90) days after discovery.
9.4 If we confirm that the Licensed Application is defective, OneOrigin, Inc. reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply to users who are consumers.
10. PRODUCT CLAIMS
OneOrigin, Inc. and the End-User acknowledge that OneOrigin, Inc., and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions, or claims concerning the Licensed Application, please contact:
37 North Avenue
Norwalk, CT 06851
The license is valid until terminated by OneOrigin, Inc. or by You. Your rights under this license will terminate automatically and without notice from OneOrigin, Inc. if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
OneOrigin, Inc. represents and warrants that OneOrigin, Inc. will comply with applicable third-party terms of agreement when using the Licensed Application.
In accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement", subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
OneOrigin, Inc. and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, OneOrigin, Inc., and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of the State of Connecticut excluding its conflicts of law rules.
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.