This End User License Agreement (“EULA”) is a legal agreement between You and Aunio Group Ltd, a Finnish corporation with principal offices at Jarvantie 5, 90410, Oulu, Finland (hereinafter called “OULIGHT”) regarding a software application (“Application”) developed by OULIGHT.
The Application is licensed, not sold. Your use of the Application is subject to the terms and conditions set forth in this EULA. OULIGHT reserves all rights not expressly granted to You.
BY DOWNLOADING, INSTALLING OR USING THE APPLICATION FROM OULIGHT OR ANY PORTION THEREOF, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS EULA AND YOU ARE AGREEING TO BECOME BOUND BY ITS PROVISIONS.
If you do not accept the terms and conditions of this EULA, do not install or use the Application.
The Application is to be obtained through Google’s software distribution platform (“Google Play Store”). Upon valid acceptance of this EULA, You agree and understand that You are bound by the Google Play Terms of Service. The Application is to be used on devices that operate with Google’s Android operating system and the aforementioned devices are referenced in this EULA as “Devices”. This EULA shall apply only to the Application from OULIGHT herewith regardless of whether other software or platform is referred to or described herein.
Your use of the Application
The Application is intended to be used to measure and to compare the flickering characteristics of different kind of light sources and lamps. OULIGHT grants you a limited, non-exclusive, non-transferable, non-sublicensable license and end user rights, revocable at any time at OULIGHT’s sole discretion, to install, access and use the Application strictly in accordance with this EULA. This license granted to You by OULIGHT is limited to a license to use the Application on any Devices that You own or control and as permitted by the Google Play Terms of Service. This license does not allow You to use the Application on any Devices that You do not own or control, and You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this EULA or the Google Play Terms of Service), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application). Any attempt to do so is a violation of the rights of OULIGHT and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by OULIGHT that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Consent to Use of Data
You agree that OULIGHT may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Application. OULIGHT may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
Proprietary Rigths, Copyright and Material Ownership
The content, features and functionality of the licensed Application are owned by OULIGHT and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. OULIGHT reserves all rights to the content, features and functionality of the Application worldwide. The outlook and other contents of the Application is copyright © 2015-2016 OULIGHT all rights reserved. You may not duplicate, copy, or reuse any portion of the Application without express written permission from OULIGHT.
Oulight is a trademark or registered trademark of OULIGHT. Other names or symbols appearing in the Application may be protected symbols of their respective owners. Without the prior written consent of OULIGHT or the relevant third party usage of the Application is not to be interpreted, indirectly or in any other way, as the granting of a licence or any other access right to a symbol appearing on the Application.
Services and Third Party Materials
The Application may enable access to OULIGHT’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that OULIGHT shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that OULIGHT is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. OULIGHT does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that OULIGHT is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Devices are not available in all languages or in all countries. OULIGHT makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. OULIGHT, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will OULIGHT be liable for the removal of or disabling of access to any such Services. OULIGHT may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
Cancellation and Refund
Your cancellation and refund rights are defined in the Google Play Terms of Service. The applicable law may give you an automatic right to cancel the purchase agreement of digital content like the Application. However, as the digital content will be in Your use instantaneously after the purchase, You agree that the cancellation right granted by the applicable law is cancelled and not in force.
The license is effective until terminated by You or OULIGHT. Your rights under this license will terminate automatically without notice from OULIGHT if You fail to comply with any term(s) of this EULA. Upon termination of the license, You shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND OULIGHT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, 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, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. OULIGHT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT EFFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OULIGHT OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
OULIGHT EXPRESSLY STATES THAT THE APPLICATION DOES NOT PROVIDE ANY MEDICAL ADVICE TO YOU. THE APPLICATION MEASURES THE FLICKERING CHARACTERISTICS OF LIGHT SOURCES AND MAY GIVE ONLY SOME DIRECTIVE INFORMATION OR WARNING MESSAGES, IF THE MEASURED FLICKERING MAY AFFECT TO YOUR WELLBEING. OULIGHT DOES NOT GUARANTEE THE ACCURACY OR THE CORRECTNESS OF MEASUREMENTS AND THE APPLICATION PROVIDES ONLY DIRECTIVE RESULTS. OULIGHT CANNOT GUARANTEE THE CORRECTNESS OF ANY RESULTS OR OUTCOMES. OULIGHT EXPRESSLY DOES NOT GUARANTEE THAT THE REPLACEMENT OF A LIGHT SOURCE BASED ON THE MEASUREMENT RESULTS WILL AFFECT TO YOUR WELLBEING OR HEALTH. THE RESULTS OF THE MEASUREMENTS MAY BE COMPARED ONLY WHEN THE MEASUREMENTS ARE MADE WITH THE SAME DEVICE. THE CONTENT OF THE APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE PERSONAL CONSULTATION WITH A QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTION YOU MAY HAVE REGARDING A MEDICAL CONDITION OR DRUG. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF THE APPLICATION. OULIGHT DOES NOT PROVIDE HEALTH CARE SERVICES AND THEREFORE CANNOT GUARANTEE ANY RESULTS OR OUTCOMES. OULIGHT DOES NOT RECOMMEND SELF-MANAGEMENT OF HEALTH PROBLEMS, NOR DOES IT PROMOTE ANY PARTICULAR FORM OF MEDICAL TREATMENT.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OULIGHT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF OULIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILTY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OULIGHT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless OULIGHT, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from Your use of the Application, including your downloading, installation, or use of the Application, or Your violation of the terms and conditions of this EULA.
THE APPLICATION MAY BE SUBJECT TO EXPORT CONTROLS OR RESTRICTIONS BY THE UNITED STATES OR OTHER COUNTRIES OR TERRITORIES. YOU AGREE TO COMPLY WITH ALL APPLICABLE U.S. AND INTERNATIONAL EXPORT LAWS AND REGULATIONS. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS, AND END USE.
Third Party Beneficiary
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.
You may not assign Your rights under this EULA to any third party. OULIGHT may assign its rights and obligations under this EULA to its corporate parent, its subsidiaries, or to any company under common control with OULIGHT. Additionally, OULIGHT may assign its rights and obligations under this EULA to a third party in connection with a merger, acquisition, sale of assets, by operation of law or otherwise.
Applicable Law and Forum
This EULA is governed by the Laws of Finland without regard to its conflicts of law provisions. The United Nations Convention for the International Sale of Goods shall not apply.
Any disputes concerning this EULA or the use of the Application shall be settled by amicable negotiations between the parties. If a dispute cannot be resolved through negotiation between the parties, it shall be settled by the District Court of Oulu, Finland in accordance with the laws of Finland in the Finnish language. A consumer may submit the matter to the Consumer Disputes Board (www.kuluttajariita.fi/en) for resolution after contacting the Local Register Offices’ Consumer Advisory Service.