Scope AR End User License Agreement
THIS AGREEMENT CONTAINS IMPORTANT DISCLAIMERS ABOUT YOUR RIGHTS, INCLUDING IMPORTANT DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY. PLEASE MAKE TAKE THE TIME TO READ THIS AGREEMENT ALL THE WAY THROUGH BEFORE DOWNLOADING AND USING THE SCOPE AR APP AND SERVICES (DEFINED BELOW).
1. The Service. The Scope AR App allows authorized Users to have real-time support and guidance from an “expert”, who along with verbal communication can add basic 3D and annotative instructions in an augmented reality view on the users hardware device In order to connect to an expert and receive real-time instructions your employer must authorize you to download and use the Scope AR App. Once you are authorized by your employer, you can download the Scope AR App from the Apple App Store or the Google Play Store onto a mobile device that you own or control (such as a tablet or smartphone).
In using the Scope AR App and/or Service You shall not:
a. copy any content unless expressly permitted to do so herein;
b. impersonate any person or entity or misrepresent their affiliation with a person or entity;
c. interfere with or disrupt the servers or networks connected to the Scope AR App or disobey any requirements, procedures, policies or regulations of networks connected to the Scope AR App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
d. intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
e. collect or store personal data about other Users;
f. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Scope AR App; or
g. modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Scope AR App except to the extent the foregoing restrictions are expressly prohibited by applicable law.
3. End User License. Except for AR Instructions, which are owned by your employer, the Scope AR App and the information and materials that it contains, are the property of Scope AR and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Scope AR grants you a non-transferable, non-exclusive, license to download, install and use one copy of the Application on a mobile device that you own or control for your use (the “License”). The Scope AR App is licensed to you and not sold. Nothing in the Terms gives you a right to use the Scope AR or Scope AR names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Scope AR App. Any future release, update, or other addition to functionality of the Scope AR App shall be subject to the terms of this Agreement.
4. Feedback. If You provide Scope AR with any suggestions, comments or other feedback relating to any aspect of the Scope AR App and/or Service (“Feedback”), Scope AR may use such Feedback in the Website or in any other Scope AR products or services (collectively, “Scope AR Offerings”). Accordingly, You agree that: (a) Scope AR is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Scope AR, (c) Scope AR (including all of its successors and assigns and any successors and assigns of any of the Scope AR Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Scope AR Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Scope AR or any of the other users of the Website in respect of the Feedback.
APP STORE TERMS AND CONDITIONS
5. App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you obtain a copy of the App from the Apple App Store or GooglePlay (“App Stores”). To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 5, the more restrictive or conflicting terms and conditions in this Section 5 shall apply, but solely with respect to the App obtained from the Application Store which is owned or operated by a third party provider (the “App Store Owner”). You acknowledge and agree that:
a) this Agreement is concluded solely between Scope AR and You and not with the App Store Owner, and Scope AR not the App Store Owner, is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the App which are less restrictive or in conflict with the App Store Terms of Service, the more restrictive or conflicting The Application Store Owner term will take precedence and will apply;
b) The App Store Owner has no obligation whatsoever to provide any maintenance and support services with respect to the Scope AR App. Scope AR is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify The App Store Owner, and The App Store Owner will refund the purchase price for the App to You and to the maximum extent permitted by applicable law. The App Store Owner will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Scope AR’s sole responsibility;
c) Scope AR, not the App Store Owner, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the Scope AR App, including, but not limited to: (i) product liability claims; (ii) any claim that the Scope AR App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement claims; and
d) The App Store Owner, and The App Store Owner’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, The App Store Owner will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
You represent and warrant that (i) 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 as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
6. AR Instructions Disclaimer. The AR Instructions and support provided to You are provided by the Expert and are shares to You via the Scope AR App. Scope AR is not involved in determining these instructions or guidance, other than by providing the technology underlying the Scope AR App We do not contribute any content or expert instructions and are not responsible or liable in any way whatsoever for any information contained in the AR Instructions, including, without limitation, any errors, mistakes or inaccuracies in the AR Instructions.
7. Waiver and Voluntary Assumption of Risk. YOU ACKNOWLEDGE AND AGREE THAT THE AR INSTRUCTIONS MAY BE PROVIDED IN RELATION TO A VARIETY OF TOOLS AND OTHER MACHINERY, OBJECTS OR DEVICES, SOME OF WHICH ARE INHERENTLY DANGEROUS AND RISK TO OPERATE, USE AND/OR REPAIR. SCOPE AR SHALL NOT BE LIABLE IN ANY WAY FOR ANY DAMAGES OR LOSSES THAT MAY ARISE AS A RESULT OF YOUR RELIANCE ON THE AR INSTRUCTIONS AND/OR YOUR USE, OPERATION OR REPAIR OF ANY DEVICES, MACHINERY, TOOLS VEHICLES OR OTHER EQUIPMENT (“EQUIPMENT”), INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, DAMAGE TO PROPERTY AND EQUIPMENT MALFUNCTIONS AND DEFECTS. WE STRONGLY ENCOURAGE YOU TO ONLY OPERATE/USE/REPAIR EQUIPMENT THAT YOU HAVE EXPERIENCE HANDLING, AND THAT YOU WEAR APPROPRIATE SAFETY EQUIPMENT, TAKE ANY NECESSARY PRECAUTIONS AND USE COMMON SENSE, DISCRETION AND JUDGMENT WHILE WORKING WITH/HANDLING ANY EQUIPMENT.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND FULLY UNDERSTAND THE EXISTANCE AND NATURE OF THE DANGERS, HAZARDS RISKS IN USING THE SCOPE AR APP AND/OR OPERATING, USING OR REPAIRING ANY EQUIPMENT AND THAT YOU FREELY AND VOLUNTARILY ACCEPT AND ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND ANY OTHER LOSS, INJURY, CLAIM, DAMAGE OR HARM ARISING IN CONNECTION WITH YOUR USE OF THE AR INSTRUCTIONS AND/OR ANY EQUIPMENT.
8. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE SERVICE, SCOPE AR APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” SCOPE AR SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. SCOPE AR WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE, INCLUDING THE AR INSTRUCTIONS.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL SCOPE AR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SCOPE AR APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE AR INSTRUCTIONS AND/OR OTHER MATERIALS MADE AVAILABLE BY OR VIA THE SCOPE AR APP, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE AND SCOPE AR APP INCLUDING FROM YOUR OPERATION, HANDLING, USE OR REPAIR OF ANY EQUIPMENT AND ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR SCOPE AR APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL IN THE APP OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SCOPE AR APP. THESE LIMITATIONS SHALL APPLY EVEN IF SCOPE AR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SCOPE AR’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID SCOPE AR IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
10. Availability & Updates. The Service and/or Scope AR App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Scope AR may periodically add or update the information and materials on the Scope AR App without notice.
11. Security. Information sent or received over the Internet is generally unsecure and Scope AR cannot and does not make any representation or warranty concerning security of any communication to or from the Scope AR App or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Scope AR App and Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Scope AR will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Scope AR App or Service, please contact us at: contact@scopeAR.com.
Effective Date: July 26, 2016.