GEAR UP START End User License Agreement
GEARUP START is licensed to You (End-User) by the K20 Center for Educational and Community Renewal at the University of Oklahoma (K20 Center), located and registered at 3100 Monitor Ave., Suite 200, Norman, Oklahoma 73072, United States (“Licensor”), for use only under the terms of this License Agreement.
By downloading the Licensed Application from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all the terms and conditions of this License Agreement, and that You accept the License Agreement. App Store and Play Store are referred to in this License Agreement as “Services”.
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance, and support thereof. The K20 Center, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules and for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service (“Usage Rights”). The K20 Center acknowledges that it had the opportunity to review the Usage Rules and this License Agreement does not conflict with them.
GEARUP START, when downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. GEARUP START is to be used on devices that operate with Apple’s operating systems (“iOS” and “macOS”) or Google’s operating system (“Android”).
GEARUP START (“Licensed Application”) is a piece of software created to provide augmented reality tours for guests touring partner institutions – and customized for iOS and Android mobile devices (“Devices”). It is used to take augmented reality tours.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPPA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject 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).
SCOPE OF LICENSE
You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such licensed Application may be accessed and used by the other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
This license will also govern any updates of the Licensed Application provided by the Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with K20 Center’s prior written consent).
You may not copy (excluding when expressly authorized by this license and the Usage Rights) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If You sell your Devices to a third party, You must remove the Licensed Application from the Devices before doing so.
Violations of the obligations mentioned above, as well as the attempt to such infringement, may be subject to prosecution and damages.
Licensor reserves the right to modify the terms and conditions of licensing.
Nothing in the license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
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 the right to claim such an update.
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.
Licensor reserves the right to modify the technical specification as it seems appropriate at any time.
MAINTENANCE AND SUPPORT
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 App Store or Play Store Overview for this Licensed Application.
The K20 Center 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.
By submitting suggestions of other feedback regarding the Licensed Application, You agree that we can use and share such feedback for any purpose without compensation to you.
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 the foreseeable, contractually typical damages. The limitations mentioned above do not apply to injuries to life, limb, or health.
Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 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.
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.
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, used with inappropriate accessories, regardless of if by Yourself or by third parties, or if there are any other reasons outside of the K20 Center’s sphere of influence that affect the executability of the Licensed Application.
You are required to inspect the Licensed Application immediately after installing it and notify the K20 Center 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.
If we confirm that the Licensed Application is defective, K20 Center reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
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.
If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitations amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
K20 Center and the End-User acknowledge that K20 Center, 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:
- Product liability claims;
- Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
- Claims arising under consumer protection, privacy, or similar legislation, including in connection with Your license Application’s use of the HealthKit and HomeKit
You represent and warrant that You are not located in a country that is subject to 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.
For general inquiries, complaints, questions, or claims concerning the Licensed Application, please contact:
3100 Monitor Ave.
Norman, OK 73072
The license is valid until terminated by the K20 Center or by You. Your rights under this license will terminate automatically and without notice from K20 Center if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
THIRD-PARTY TERMS OF AGREEMENT AND BENEFICIARY
K20 Center represents and warrants that K20 Center will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” both Apple and Google and their subsidiaries shall be third-party beneficiaries of the End User License Agreement and – upon Your acceptance of the terms and conditions of the License Agreement, both Apple and Google 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.
INTELLECTUAL PROPERTY RIGHTS
K20 Center 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, K20 Center, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
This License Agreement is governed by the laws of the State of Oklahoma excluding its conflicts of law rules.
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.
Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.