End User License Agreement
IMPORTANT, READ CAREFULLY: This End User License Agreement (“Agreement”) is a legal and binding agreement between You, an individual (“You”), and Eopin Oy, Business Identity Number 2618764-3, Finland (“Eopin”) for the Product You are about to download or install. For the purpose of this Agreement “Software” shall mean the computer programs, related electronic files and proprietary content, including but not limited to text, video and audio files, documentation and graphic images, provided to You by Eopin or its licensees or agents in connection to downloading and installing the software application and any possible updates or modifications related thereto. “Course Material” shall mean the electronic files, audio files, graphic images, text files, related computer program components and other proprietary content, media and documentation as well as any possible updates or modifications of the foregoing that are provided to You by Eopin or its licensees or agents in connection to Course Material orders and purchases. All the material, files and content, including but not limited to the electronic files, text, video and audio files, graphic images and documents created by You (“User Created Content”) shall be excluded from the Course Material definition. “Product” shall mean Software, Course Material and User Created Content together.
BY CLICKING THE “I ACCEPT” BUTTON, INSTALLING OR USING ANY PART OF THE SOFTWARE OR ASSOCIATED CONTENT, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS IN THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY AND BECOME A PARTY TO THIS LICENSE AGREEMENT. PRODUCT IS LICENSED NOT SOLD UNDER THIS AGREEMENT AND IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) ALL OF THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL OR USE ANY PART OF THE PRODUCT.
1. Single-User license and Purchasing Terms.
1.1. Upon accepting the terms and conditions in this Agreement, Eopin grants You a non-transferable, revocable, worldwide, non-exclusive license for the duration of this Agreement to download, install and run the Software and to run and make the technically required reproductions of the Software for the purpose of using the Software for Your personal studies.
1.2. Upon accepting the terms and conditions of this Agreement, and subject to Your payment of the Course Material license fee, Eopin grants You a non-transferable, revocable, worldwide, non-exclusive, fixed time license for the duration of the Course Material license to download, install and run from one to five copies of Course Material on Your personal computer hardware devices or magnetic data carriers for the sole purpose of Your non-commercial personal use in Your personal studies. In no event shall the number of installations under one Single-user Course Material license exceed 5 (five) copies.
1.3. Eopin grants You a non-exclusive, worldwide and non-transferable fixed time license to modify, reproduce and rearrange the electronic audio text and video files as well as run the computer program components included in the Software and Course Material for the purpose of producing, reproducing and saving User Created Content for Your personal non-commercial use only during the validity of Course Material license. You are authorized to reproduce, modify, save and delete Your User Created Content from the storage and from Your local personal storage media or devices.
1.4. Your authorization to run and make the technically required non-permanent reproductions of the Course Material and the User Created Content copies that are installed, created and saved in accordance with the sections 1.2 and 1.3 above for the sole purpose of Your non-commercial personal use in Your personal studies, shall continue for the duration of this Agreement.
1.5. You agree not to transfer, transmit, communicate, display or otherwise make available the Product or any part thereof to any third party.
1.6. Nothing in this Agreement shall be interpreted to authorize making of any further copies, reproductions, modifications, alterations of the Software and the Course Material than what has been expressly granted above. You also agree not to reproduce, communicate or make available to third parties or modify the Product in whole or in part for any other purpose than what is expressly stated above and not to reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Product or any portion thereof (except where the foregoing is permitted by applicable local law or by applicable Third Party License as stipulated hereunder in section 3, and then only to the extent so permitted). You also agree not to remove or obscure any proprietary notices on the Product or use a previous version of the Software or Course Material after You receive a new version and are asked to discontinue using the previous version.
1.7. You are responsible for the costs and procurement of the software, hardware and licenses required for the functioning of the devices, network connections and storage media that are a necessary for use of Product.
1.8. Eopin may create new versions of the Software and Products which may correct errors, provide enhancements or the like (later “Updates”). Although Eopin has no obligation to notify You of such Updates personally, notifications of such Updates will be made available at the same Internet site as the You downloaded the Products accompanying this Agreement. Unless otherwise provided for, the Updates shall be subject to the terms of this Agreement. You may have to enter into a renewed version of this Agreement in the event you want to download, install or use a new version of the Product(s).
1.9. All the license fees may be collected via third party payment agent, which may require You to undertake to accept any and all separate terms and conditions of such agent valid at the time of Your purchase.
2. Proprietary Rights.
2.1. Eopin and its licensors shall own and retain any and all right, title, and interest in and to the Product and any updates, alterations, images, video, audio, media, content and modifications related thereto. The Product and its parts and components are protected by copyright and industrial right legislation and under international treaties. The Software may be protected by one or more patents.
2.2. By using, downloading or installing the Product or any part thereof, You agree and accept to transfer from You to Eopin of any and all right, title and interest as well as any possible intellectual property and proprietary information together with the right to further transfer such rights and information related to derivations, alterations, modifications and re-arrangements of the Product or its components that result from Your use of the Product or its modifications.
3. Third Party Licenses.
3.1. The Software is distributed with the following Open Source Software:
GPAC – licensed under the LGPLv2.1 or later. The full text of LGPLv2.1 is available at https://github.com/gpac/gpac/blob/master/COPYING.
Languistik uses GPAC version 0.5.2. Source code of GPAC is available at http://gpac.io.
3.2. The Software is distributed with a small sound recorder application, which is based on Open Source Software SoX. The source code and more information about SoX is available at https://github.com/rbouqueau/SoX/tree/mini.
3.3. For the sake of clarity, it is stated, that the reverse engineering forbidden otherwise in section 1.6 is allowed regarding parts of the Product provided with LGPL licenses (thus GPAC and SoX) and to the extent permitted in mentioned licenses.
3.4. The above list of third party Licenses may be updated by Eopin from time to time.
4. Term and Termination.
4.1. This Agreement is effective and binding when accepted and valid until terminated unless otherwise agreed below in section 4.8.
4.2. The Software and the Course Material contain an activation mechanism that enables the installation of the Product and its parts on multiple new devices and enables Course Material and User Created Content to be installed on and synchronized between multiple registered devices for a limited period of time. These functions will cease after the Course Material license expires.
4.3. After the expiration of Course Material license, respective parts and functionalities included in the Software shall be disabled. The Software license for the remaining parts shall remain in full force and effect as granted above until terminated in accordance with this Agreement.
4.4. You may terminate this Agreement at any time by destroying the Product including any and all Software, Course Material and User Created Content in any form as well as other alteration and modification related thereto in whole.
4.5. The Agreement terminates automatically with immediate effect in case You fail to comply with the terms and conditions of this Agreement.
4.6. Upon termination of this Agreement for any reason, You shall immediately stop using the Product and You shall destroy and remove all copies of the Software, Course Material and User Created Content from any and all of Your computers, hard drives, networks, devices, and other storage media.
4.7. Upon your purchase you receive the license and the Products are thereafter electronically at your disposal. Therefore, You understand and undertake that You have no cancellation right according to mandatory customer legislation thereafter, if not specifically set out otherwise herein under in the Section 5.
4.8. The sections 1.6, 2, 5.2, 5.4, 5.5 and 6 shall survive the termination together with any other provisions that by their nature require survival.
5. Representations and Warranties.
5.1. Eopin represents and warrants that for a period of thirty (30) days from the licensing date of the Course Material, the performance of Course Material Provided by Eopin does not substantially deviate from what has been described in the written end-user documentation except when the deviations or malfunctions of the Course Material result from Third Party Software identified above in section 3 “Third Party Licenses”. THE WARRANTY PROVIDED ABOVE SHALL NOT APPLY TO ANY SOFTWARE, ANY THIRD PARTY SOFTWARE OR ANY CONTENT WHICH HAS BEEN ABUSED, MISUSED, DAMAGED IN CONNECTION TO DELIVERY, ALTERED, NEGLECTED, OR SUBJECTED TO UNAUTHORIZED REPAIR OR INSTALLATION, AS REASONABLY DETERMINED BY EOPIN.
5.2. THE PRODUCT IS LICENSED “AS IS” AND EOPIN EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE PRODUCT BEING NONINFRINING OR FREE FROM ERRORS OR INTERRUPTIONS OF USE.
5.3. The purpose of the Product is to help You learn language skills, but Eopin cannot promise any progress or success in your learning process.
5.4. You shall not create, reproduce, save, use, communicate, make available or export Software, Course Material and/or User Created Content in violation of any laws, regulations or orders, including without limitation copyright and other intellectual property laws. You represent and warrant that Your use of the Product and any and parts thereof is in compliance with all applicable laws, regulations and governmental decisions and orders as well as third party rights. You undertake (subject to rights You may have according to mandatory provisions of applicable laws) not to use the Product for any immoral, illegal or for any other purposes, which may be determined threatening, abusive, harmful or against good practice. You indemnify and hold Eopin harmless against any economic losses related to Your failure to comply with these terms.
5.5. THE ENTIRE LIABILITY OF EOPIN AND ITS LICENSORS, AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT AND FOR THE PRODUCT SHALL BE AT EOPIN’S OPTION AND EXPENSE EITHER: (A) REPLACEMENT OF THE SOFTWARE AND THE COURSE MATERIAL; (B) POSTPONING THE FIXED TIME COURSE MATERIAL LICENSE PERIOD TO START WHEN THE COURSE MATERIAL MEETS THE REPRESENTATION AND WARRANTY CONDITIONS ABOVE; OR (C) IF THE PRODUCT CANNOT BE FIXED OR REPLACED, REFUND OF THE LICENSE FEE PAID BY YOU PROVIDED THAT THE PRODUCT IS UNINSTALLED AND DELETED IN WHOLE FROM ALL OF YOUR DEVICES AND STORAGE MEDIA, WITHIN THE WARRANTY PERIOD OF 30 DAYS.
6. Limitation of Liability
6.1. NOTWITHSTANDING ANYTHING ELSE HEREIN, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL EOPIN OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY (I) FOR ANY LOSS OF PROFIT, BUSINESS OR GOODWILL, OR (II) FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL COST, DAMAGE OR EXPENSE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION TO DAMAGES, EXPENSES AND COSTS FOR WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION OR DAMAGES RESULTING FROM YOUR USE OF THE PRODUCT OR THE SERVICES PROVIDED BY OR ON BEHALF OF EOPIN, OR (III) FOR ANY MATTER BEYOND EOPIN’S OR ITS LICENSORS’ REASONABLE CONTROL.
6.2. YOU ARE SOLELY LIABLE FOR ANY DIRECT AND INDIRECT DAMAGES INCLUDING BUT NOT LIMITED TO PERSONAL DAMAGES, INJURIES, DEATH AND ANY KIND OF DAMAGE TO PROPERTY RESULTING FROM OR CAUSED BY YOUR USE OF THE PRODUCT OR BY YOUR NEGLIGENCE OR WILFUL MISCONDUCT. YOU SHALL INDEMNIFY AND HOLD EOPIN HARMLESS FROM ANY COSTS, EXPENSES AND LEGAL FEES THAT RESULT FROM EOPIN’S DEFENCE AGAINST THIRD PARTY CLAIMS RELATED TO YOUR USE.
6.3. EOPIN’S AND ITS LICENSORS’ MAXIMUM AGGREGATE LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT, EXCEPT WHERE NOT PERMITTED BY THE APPLICABLE LAW, IN WHICH CASE EOPIN’S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF EOPIN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Personal Information
8.1. This Agreement states the entire agreement concerning the license between the parties and supersedes all other agreements and representations between them. Any amendments to this Agreement shall be made in writing and signed by both parties. If any provision of this Agreement is deemed unenforceable, the remaining provisions shall remain in full force and effect to the extent possible. The failure of Eopin to react to any breach of this Agreement does not constitute a waiver of rights and shall not limit Eopin’s possibilities to react to the breach later or to any subsequent breaches. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without Eopin’s prior written consent. Eopin expressly reserves the right to assign this Agreement and to delegate any of its obligations and/or rights hereunder if conducted in connection to transfer of business or portion thereof. This Agreement shall be governed by and construed under the laws of Finland. The sole and exclusive jurisdiction for any legal actions or proceedings arising under this Agreement shall be with the District court of Helsinki, Finland unless another place of jurisdiction or arbitrator is separately agreed between the parties. Questions concerning this Agreement and any notices related thereto should be sent using the following link: EOPIN SUPPORT