PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING 3Di TECHNOLOGY’S WEBSITE AND OR MOBILE SOFTWARE APPLICATION
By clicking the “accept” or “ok” button and in any event by installing and/or using the 3Di Technologies mobile software application and or website (the “App”), you expressly acknowledge and agree that you are entering into a legal agreement with registered email [*] and registered password [*] (“3Di Technologies”, “we”, “us” or “our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install or use the App.
Ability to Accept. By installing the App you affirm that you are over eighteen (18) years of age and have full ability and power to enter into this Agreement.
Ownership. The App is licensed as described herein and not sold, assigned or transferred to you under this Agreement and you acknowledge that 3Di and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the App (and its related software and know how). We reserve all rights not expressly granted herein to the App. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, designs, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic. Content. The content on the App or generated by the App, including without limitation, the text, information, statistics, analytics, threat reports, threat descriptions, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, the App’s uses and, broadly speaking, ourservices (the “Materials”), and the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials the “Content”), is the property of 3Di and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. You shall not violate any Intellectual Property Rights with respect to the App, the Materials and the Content. “3Di” and the 3Di logo are Marks of 3Di and its affiliates. All other Marks used on the App are the trademarks, service marks, or logos of their respective owners. You shall not violate them. Use of Content. The content on the App is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited or marketed for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein. Fees & Other Charges.
THE APP, THE FEATURES, THE CONTENT AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION TRANSMITTED VIA THE APP, THE FEATURES, THE CONTENT AND/OR THE MATERIALS, AND/OR AS TO THE RESULTS TO BE ATTAINED BY YOU FROM ACCESS TO OR USE OF THE APP, THE FEATURES, THE CONTENT AND/OR THE MATERIALS. WE DO NOT WARRANT THAT THE APP, THE FEATURES, THE CONTENT AND/OR THE MATERIALS WILL OPERATE ERROR-FREE, THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS THEREIN.YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY NETWORK OR TELECOMMUNICATIONS OR INTERNET PROVIDERS. 3Di DOES NOT WARRANT THIRD PARTY PRODUCTS, SERVICES AND/OR COMPONENTS.
IF YOU HAVE A DISPUTE WITH ANY OTHER APP USER OR THIRD PARTY, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL 3Di BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP, THE FEATURES, THE CONTENT AND/OR THE MATERIALS EVEN IF 3Di HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, 3Di’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP, THE FEATURES, THE CONTENT AND/OR THE MATERIALS, SHALL NOT, IN ANY CIRCUMSTANCE, EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID TO 3Di FOR USING THE APP WITHIN THE TWO (2) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
You agree to defend, indemnify and hold harmless 3Di and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the App, the Features, the Materials and/or the Content; (ii) your violation of this Agreement; and (iii) your violation of any applicable law and/or third party right, including without limitation any copyright, property, Intellectual Property Right, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval. Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the App (including the Features, the Content and the Materials) nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
Updates and Upgrades. We may from time to time provide updates or upgrades to the App (each a “Revision”), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
Third Party Open Source Software. Portions of the App may include third party open source software that are subject to third party terms and conditions (“Third Party Terms”). If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open source software. Notwithstanding anything in this Agreement to the contrary, 3Di makes no warranty or indemnity hereunder with respect to any third party open source software.
Term and Termination.
This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto, or become dissatisfied with the App in any way, your only recourse is to immediately discontinue use of the App.
Upon termination of this Agreement, you shall cease all use of the App.This Section 18.2 and Sections, 8 (Intellectual Property Rights) , 11 (Privacy), 12 (Warranty Disclaimers), 13 (Limitation of Liability), 14 (Indemnity), 17 (Third Party Open Source Software) and 19 (Assignment) to 22 (General) shall survive termination of this Agreement. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by 3Di without restriction or notification.
We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App. Such change will be effective immediately following the foregoing notification thereof, and your continued use of the App thereafter means that you accept those changes. Governing Law and Disputes. This Agreement shall be governed by and construed in accordance with the laws of the State of India without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the courts located in Delhi, India, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. Nothing in this Agreement shall limit your rights under applicable mandatory law. This Agreement, and any other legal notices published by us in connection with the App, shall constitute the entire agreement between you and 3Di concerning the App. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. No amendment to this Agreement will be binding unless in writing and signed by 3Di. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Nothing in these terms shall limit your rights under applicable mandatory law. You represent and warrant that: (a) 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 or by India as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government or Indian list of prohibited or restricted parties. If you have any questions, complaints, or claims regarding the App, please contact 3Di at: Email: support@3Ditec.com
By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements