End-User License Agreement – Heat Detection in Dairy Cows
Version: 1.0.1
Effective: 1 August 2013
This End-User License EULA (“EULA”) governs the use of the “[Heat Detection in Dairy Cows]” software (“Software”) provided by Waikato Institute of Technology, its subsidiaries and contractors (“Wintec”) designed to operate on Your device powered by the Androidâ„¢ operating system provided by Google, Inc. (“Android-powered Mobile Device”). The Software is licensed, not sold.
You, the end-user of the Software, (“You” or “Your”) acknowledge that the EULA is entered into by and between Wintec and You and not with Google, Inc. (“Google”). You also acknowledge that Google has no obligation whatsoever to furnish any maintenance, updates or support services with respect to the Software.
Your use of the Software constitutes Your acceptance of this EULA. Wintec may update this EULA from time to time, including without limitation if updates or upgrades are provided, by drawing Your attention to the updated EULA. Your continued use of the Software constitutes Your acceptance of the updated terms.
Subject to the terms of this EULA, upon payment of the license fee (if any) Wintec grants to You a non-transferable, non-exclusive, fully paid up, worldwide, personal license (without the right to sublicense) to install and use one copy of the Software, in executable object code format only, solely on Your Android-powered Mobile Device.
You agree to the following license restrictions:
(a) to use the Software solely for Your personal, non-commercial use;
(b) to not duplicate, copy or distribute the Software except as necessary to use it on Your Android-powered Mobile Device;
(c) to not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose, copy or otherwise exploit the Software or make the Software available to any third party;
(d) to not copy the written materials included within or accompanying the Software;
(e) to not modify, translate, make derivative works of, disassemble, decompile or reverse engineer any part of the Software; and
(f) to preserve all copyright and other proprietary rights notices on the Software and all copies thereof.
You acknowledge that no title to any intellectual property in the Software is transferred to You. You further acknowledge that title and full ownership rights to the Software (including but not limited to any code, images, photographs, animations, video, audio, music, text and “applets,” incorporated into the Software), the accompanying printed materials, and any copies thereof will remain owned by Wintec and/or its licensors, and You will not acquire any rights to the Software, except as expressly set out within this EULA.
Androidâ„¢ is a trademark of Google, Inc. All other trademarks appearing in the Software or this EULA are the property of their respective owners.
Wintec is not obligated to provide any updates or upgrades to the Software. Wintec may remove functionality, cease any support provided or remove the Software from any distribution service, including without limitation via Google, Inc., at any time without notice.
You expressly acknowledge and agree that Your use of the Software and the information contained within the Software is at Your sole risk. To the maximum extent permitted by applicable law, the Software is provided on an “as is” basis, with all errors and faults, and without warranty of any kind. Wintec hereby disclaims all warranties and conditions with respect to the Software and any information provided within the Software, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, quiet enjoyment, and non-infringement of third party rights. If You are using the Software for a business purpose, You acknowledge that consumer legislation shall not apply, including without limitation the Consumer Guarantees Act 1993.
Wintec does not warrant that the functions contained in, performed or provided by, the Software will meet Your requirements, that the operation of the Software or Services will be uninterrupted or error-free, that defects in the Software will be corrected or that the Software will be compatible with any other software on Your Android-powered Mobile Device. Wintec assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication or data.
Should the Software prove defective, You shall assume the entire cost of all necessary servicing, repair or correction. No oral or written information or advice given by Wintec or its authorized representative shall create a warranty.
Wintec cannot guarantee and does not promise any specific results from use of the Software. Any information provided within the Software is for information purposes only, is generic in nature and does not purport to be, nor replace, any advice from Your vet or other professional advisor.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on the applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
Wintec shall not be liable to You for any loss of profit, loss of bargain, loss of business opportunity or exemplary damages or losses suffered by either party or any third party resulting from any prior misrepresentation, breach of this EULA, or other dispute arising out of this EULA, whether contemplated by this EULA or not, and whether actionable in contract, tort (including negligence), equity or otherwise. In the event that Wintec is found liable for the loss set out in this clause, such liability shall be limited to the amount that You paid to Wintec for the use of the Software.
Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You.
You shall indemnify Wintec in respect of all liabilities, costs (including full costs between solicitor and client), claims or demands made by any third party, arising out of or incidental to Your breach of this EULA, or any third party due to or arising out of Your use of the Software in breach of this EULA.
Wintec has the right to seek injunctive relief to enforce this EULA or to stop or prevent an infringement of proprietary or other third-party rights.
This EULA shall be governed and interpreted in accordance with New Zealand law, and the New Zealand courts shall have the non-exclusive jurisdiction to determine any dispute related to or arising out of this EULA.
You accept that the Software may be subject to export laws and regulations, both national and international. You must comply with the laws that apply to your use of the Software. These laws may apply restrictions on destinations, users and end use.
Google is a third-party beneficiary to this EULA. Upon Your acceptance of this EULA, Google will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary of this EULA.
Wintec’s failure to exercise or enforce any right or provision of this EULA shall not operate as a waiver of such right or provision.
The parties agree that each provision of this EULA is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this EULA is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this EULA and not affect the validity and enforceability of any remaining provisions.
You may not assign Your rights under this EULA to any third party; Wintec may assign Your rights under this EULA without condition.
Wintec, not Google, is responsible for addressing any questions, comments or claims relating to the Software and/or Your use of the Software. If You have any comments or questions, please contact Wintec at the following e-mail address: research@wintec.ac.nz
The Software license is effective until terminated by You or Wintec. Your rights under this license will terminate automatically without notice from Wintec if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Software, and destroy all copies, full or partial, of the Software.
This EULA constitutes the entire agreement between You and Wintec regarding the use of the Software and supersedes any prior or contemporaneous understandings and agreements between You and Wintec related to its subject matter.