REVEEL TECHNOLOGIES, INC.
REVEEL-IT MOBILE APPLICATION LICENSE AGREEMENT
This is the Reveel-it Mobile Application License Agreement (“the Agreement”).
“Reveel-it” means the Reveel-it Mobile Application (and specifically includes the Reveel system files, packaged APIs, related documentation, user discussion, forum and support communications facilities, and add-ons), Reveel.it mobile web media recognition app and is licensed to you subject to the terms of this Agreement. The License Agreement forms a legally binding contract between you and Reveel Technologies, Inc. in relation to your use of Reveel-it.
"Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. Reveel reserves all rights not expressly granted to you.
"Reveel" means Reveel Technologies, Inc., a Delaware corporation having its principal place of business at 180 Sansome Street, San Francisco, CA 94104, United States.
ACCEPTING THIS LICENSE AGREEMENT
In order to use Reveel-it, you must first agree to this Agreement. You may not use Reveel-it if you do not accept this Agreement.
By clicking to accept, you hereby agree to the terms of this Agreement.
You may not use Reveel-it and may not accept this Agreement if you are a person barred from receiving Reveel-it under the laws of the United States or other countries, including the country in which you are resident or from which you use Reveel-it.
If you are agreeing to be bound by this Agreement on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to this Agreement. If you do not have the requisite authority, you may not accept this Agreement or use Reveel-it on behalf of your employer or other entity.
Subject to the terms and conditions of this Agreement, Reveel grants to you a limited, worldwide, non-exclusive, non-sublicensable, non-transferable license to use Reveel-it solely to interact with and display content on that pertains to visual media associated with Reveel products.
You agree that Reveel or third parties own all legal right, title and interest in and to Reveel-it, including any Intellectual Property Rights that subsist in Reveel-it.
You may not use Reveel-it for any purpose not expressly permitted by this Agreement. Except to the extent required by applicable third party licenses, you may not copy (except for backup purposes), modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of Reveel-it or any part of Reveel-it.
Use, reproduction and distribution of components of Reveel-it licensed under an open source software license are governed solely by the terms of that open source software license and not this Agreement.
You agree that the form and nature of Reveel-it that Reveel provides may change without prior notice to you and that future versions of Reveel-it may be incompatible with applications developed on previous versions of Reveel-it. You agree that Reveel may stop (permanently or temporarily) providing Reveel-it (or any features within Reveel-it) to you or to users generally at Reveel's sole discretion, without prior notice to you.
Nothing in this Agreement gives you a right to use any of Reveel's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
USE OF REVEEL-IT BY YOU
You agree to use Reveel-it only for purposes that are permitted by (a) this Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree that you will not engage in any activity with Reveel-it, including the development or distribution of an application, that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party including, but not limited to, Reveel or any mobile communications carrier.
You agree that you are solely responsible for (and that Reveel has no responsibility to you or to any third party for) any data, content, or resources that you create, transmit or display through Reveel-it, and for the consequences of your actions (including any loss or damage which Reveel may suffer) by doing so.
You agree that you are solely responsible for (and that Reveel has no responsibility to you or to any third party for) any breach of your obligations under this Agreement, any applicable third party contract or terms of service, or any applicable law or regulation, and for the consequences (including any loss or damage which Reveel or any third party may suffer) of any such breach.
You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via Reveel-it any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject Reveel’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of Reveel-it.
You are strictly prohibited from communicating on or through Reveel-it any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
YOUR REVEEL-IT LOGON CREDENTIALS
Although sections of Reveel-it may be viewed simply by visiting Reveel-it, in order to access some content and/or additional features offered at Reveel-it, you may need to sign on as a guest or register as a member. You agree that you are responsible for maintaining the confidentiality of any Reveel-it logon credentials that may be issued to you by Reveel or which you may choose yourself (including your name, address, a User ID and password), and that you will be solely responsible for all activity performed under your logon credentials. You agree to provide true, accurate, current, and complete information when registering with Reveel-it. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of Reveel-it. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access Reveel-it using your account or User ID. You grant Reveel and all other persons or entities involved in the operation of Reveel-it the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of Reveel-it and in the provision of services to you. Reveel cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Reveel-it.
PRIVACY AND INFORMATION
In order to continually innovate and improve Reveel-it, Reveel may collect certain non-personally identifiable usage statistics from Reveel-it including but not limited to a unique identifier, associated IP address, version number of the software, and information on which tools and/or services in Reveel-it are being used and how they are being used.
THIRD PARTY APPLICATIONS
If you use Reveel-it to run applications developed by a third party or that access data, content or resources provided by a third party, you agree that Reveel is not responsible for those applications, data, content, or resources. You understand that all data, content or resources which you may access through such third party applications are the sole responsibility of the person from which they originated and that Reveel is not liable for any loss or damage that you may experience as a result of the use or access of any of those third party applications, data, content, or resources.
You should be aware the data, content, and resources presented to you through such a third party application may be protected by Intellectual Property Rights which are owned by the providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on these data, content, or resources (either in whole or in part) unless you have been specifically given permission to do so by the relevant owners.
You acknowledge that your use of such third party applications, data, content, or resources may be subject to separate terms between you and the relevant third party. In that case, this Agreement does not affect your legal relationship with these third parties.
LIMITATIONS ON USE WITHOUT A REVEEL MEDIA AGREEMENT
Subject to the terms of this Agreement and the following limitations, you may use Reveel-it to upload media and companion content to Reveel:
The maximum combined total file size of all media that may be uploaded to Reveel for fingerprinting and/or data storage is five (5) gigabytes.
The maximum duration that Reveel will store media on its servers is one hundred twenty (120) days, after which time such files will be automatically deleted from Reveel’s servers without notice. Reveel reserves the right, in its sole discretion, to delete stored media at any time.
Reveel does not want to receive confidential or proprietary information from you through Reveel-it. Any material, information, or other communication you transmit or post (“Contributions”) to the Services will be considered non-confidential.
All Contributions to this Mobile Application are licensed by you under the MIT License to anyone who wishes to use them, including Reveel.
If you work for a company or at a University, it’s likely that you’re not the copyright holder of anything you make, even in your free time. Before making contributions to this Mobile Application, get written permission from your employer.
USER DISCUSSION LISTS AND FORUMS
Reveel may, but is not obligated to, monitor or review any areas on Reveel-it where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. Reveel, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Reveel may edit or remove content on Reveel-it at its discretion at any time.
TERM AND TERMINATION
This Agreement will continue to apply until terminated by either you or Reveel as set out below.
If you want to terminate this Agreement, you may do so by ceasing your use of Reveel-it and any relevant Reveel-it logon credentials.
Reveel may at any time, terminate this Agreement with you if: (i) you have breached
any provision of this Agreement; or
(ii) Reveel is required to do so by law; or
(iii) your use of Reveel-it is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity;
(iv) the partner with whom Reveel offered certain parts of Reveel-it (such as APIs) to you has terminated its relationship with Reveel or ceased to offer certain parts of Reveel-it to you; or
(v) Reveel decides to no longer provide Reveel-it or certain parts of Reveel-it to users in the country in which you are resident or from which you use the service, or the provision of Reveel-it or certain Reveel-it services to you by Reveel is, in Reveel's discretion, no longer commercially viable.
When this Agreement comes to an end, all of the legal rights, obligations and liabilities that you and Reveel have benefited from, been subject to (or which have accrued over time whilst this Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 16.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
DISCLAIMER OF WARRANTIES
REVEEL-IT AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, REVEEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. REVEEL MAKES NO REPRESENTATIONS OR WARRANTY THAT REVEEL-IT WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF REVEEL-IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES REVEEL MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF REVEEL-IT. REVEEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF REVEEL-IT OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON REVEEL-IT. IN NO EVENT SHALL REVEEL OR ANY OF ITS AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE REVEEL-IT, EVEN IF REVEEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF REVEEL-IT IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. REVEEL SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON REVEEL-IT. YOUR PARTICIPATION IN REVEEL-IT IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REVEEL OR THROUGH REVEEL, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF REVEEL-IT, THAT YOUR USE OF REVEEL-IT IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL REVEEL OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE REVEEL-IT OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH REVEEL-IT OR FOR ANY INFORMATION OBTAINED THROUGH REVEEL-IT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
REVEEL’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH REVEEL-IT WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT REVEEL WOULD NOT PROVIDE REVEEL-IT ABSENT SUCH LIMITATION.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Reveel, 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 (a) your use of Reveel-it, (b) any application you develop on Reveel-it that infringes any copyright, trademark, trade secret, trade dress, patent or other Intellectual Property Rights of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by you with this Agreement.
CHANGES TO THE LICENSE AGREEMENT
Reveel may make changes to this Agreement from time to time. When these changes are made, Reveel will make a new version of this Agreement available on the website where Reveel-it is made available.
GENERAL LEGAL TERMS
The License Agreement constitutes the entire legal agreement between you and Reveel and governs your use of Reveel-it (excluding any services which Reveel may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Reveel in relation to Reveel-it.
You agree that if Reveel does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Reveel has the benefit of under any applicable law), this will not be taken to be a formal waiver of Reveel's rights and that those rights or remedies will still be available to Reveel.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which Reveel is the parent shall be third party beneficiaries to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this Agreement.
EXPORT RESTRICTIONS. REVEEL-IT IS SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO REVEEL-IT. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, END USERS AND END USE.
The rights granted in this Agreement may not be assigned or transferred by either you or Reveel without the prior written approval of the other party. Neither you nor Reveel shall be permitted to delegate their responsibilities or obligations under this Agreement without the prior written approval of the other party.
A party may give notice to the other party only in writing at that party’s principal place of business, attention of that party’s principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, five (5) business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, seven (7) business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision.
Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section.
The License Agreement, and your relationship with Reveel under this Agreement, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Reveel agree to submit to the exclusive jurisdiction of the courts located within the county of San Francisco, California to resolve any legal matter arising from this Agreement. Notwithstanding this, you agree that Reveel shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
This document was last updated on June 30, 2017.