STANCEBEAM END USER LICENSE AGREEMENT

 

 

 

THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN (I) YOU AND (II) QUICK LOGI TECHNOLOGIES INDIA PRIVATE LIMITED (“LICENSOR”) STATING THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF: (A) THE ‘STANCEBEAM’ PERFORMANCE ANALYSIS MOBILE APPLICATION AND (B) THE SOFTWARE INSTALLED ON THE ‘STANCEBEAM STRIKER’ (COLLECTIVELY “LICENSED APPLICATION”). PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING, DOWNLOADING, INSTALLING AND/OR USING THE LICENSED APPLICATION, YOU ARE INDICATING THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL AND/OR USE THE LICENSED APPLICATION.

 

Through the Licensed Application and subject to the purchase and installation of the Licensor’s StanceBeam Striker device, the Licensor may enable access to content, information, personalised and real-time performance analysis data and other services made available through the Licensor’s application and/or platform accessible here: https://www.stancebeam.com/ collectively and individually, “Services”). As a condition of your use of the Services, you agree to be bound by and comply with the Licensor’s Terms of Use, as available at https://www.stancebeam.com/terms-of-use , (“Terms of Use”), and Privacy Policy, as available at https://www.stancebeam.com/privacy-policy  (“Privacy Policy”), each of which is incorporated herein by reference. You agree that the Privacy Policy and Terms of Use may be updated from time to time, with notice to you, and any such changes shall be effective as soon as posted. You should review the Terms of Use and Privacy Policy on a regular basis so that you remain aware of the most current terms and conditions that apply to you.

 

1.             License Grant: Subject to the terms and conditions of this Agreement, the Licensor hereby grants to you a limited, non-transferable, non-sublicensable, non-assignable and revocable license to install and use the Licensed Application solely for your own personal, non-commercial use on devices that you own or control. For the avoidance of doubt, the Licensed Application is licensed, not sold, to you by the Licensor pursuant to and subject to the terms and conditions of this Agreement and any other applicable terms and conditions promulgated by any third-party processor not affiliated with the Licensor (e.g., a mobile appstore) (a “Third-Party Processor”). The Licensor reserves all rights not expressly granted to you herein. You acknowledge and agree that this Agreement is between you and the Licensor, and acknowledge that no Third-Party Processor is a party to this Agreement.

 

2.              Use of Licensed Application:  In order to use the Licensed Application, you must be a user of a mobile device running a compatible version of either iOS or Android  with means of accessing the internet through your mobile device (such as Wi-Fi). In order to avail of the full functionality of the Licensed Application, you must also own, possess and use the StanceBeam Striker. In the event that you do not own or possess the StanceBeam Striker, certain features and functionalities of the mobile application may not be available or accessible by you. The Licensed Application is intended for use by people who are 13 years of age or older, and persons under the age of 13 are prohibited from downloading, installing and/or using the Licensed Application. You affirm that you are either (i) more than 18 years of age, or (ii) are 13 years of age or older and are an emancipated minor, or possess legal parental or guardian consent, and (in each case) are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with the terms contained herein. In addition, you affirm that you have not been previously suspended or removed from the Licensed Application. The Licensor may, in its sole discretion, refuse to offer the Licensed Application for download to any person or entity. The Licensor may, without notice and in its sole discretion, terminate your right to use the Licensed Application, or any portion of thereof, and block or prevent your future access to and use of the Licensed Application or any portion thereof in case you breach or violate any terms of this Agreement, the Terms of Use or the Privacy Policy or the Licensor learns or reasonably suspects you to be ineligible to access the Licensed Application and/or the Services.

 

3.             Restrictions: This Agreement does not allow you to use the Licensed Application on any device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You hereby represent that you are in control of the device through which you utilise the Licensed Application and are entitled to use such device for the purpose of availing of the Services. In case this device is owned by another person or uses a number registered in the name of another person, you hereby certify that on behalf of the owner of such device, that you are authorised to install, subscribe to and use the Licensed Application on such device. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, or any updates or upgrades, or any part thereof. Any attempt to do so is a violation of the rights of Licensor, and its affiliates and licensors, as applicable. If you breach this restriction, you may be subject to prosecution and liable to pay damages in accordance with law. The terms and conditions of the Agreement shall govern any upgrades or updates provided by Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by or references a separate license agreement in which case the terms of that license agreement shall govern.

4.             User Registration: You shall be entitled to use the service offered by the Licensed Application on completing the registration process available after the Licensed Application has been downloaded and installed. Additionally, you shall have to check the box confirming that you have read and agree to the Privacy Policy and the Terms of Use. The information sought at the time of registration may include, certain details regarding your StanceBeam Striker, username, password, date of birth, email address, phone number and any other information you choose to provide.

5.             Use of Data: You agree that the Licensor or any of its affiliates or clients may collect and use technical data and related information, including but not limited to technical information about your StanceBeam Striker, mobile 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 Licensed Application and the StanceBeam Striker. The Licensor or its affiliate or client may use this information to improve its products or to provide services or technologies to you. Furthermore, the Licensor may collect certain personally identifiable information, such as your name, residential address and email address in the course of permitting you to use the Licensed Application. You acknowledge and agree that the Licensor may use this information in any manner consistent with its policies and obligations under applicable law, including without limitation for the purpose of sending marketing material, either in electronic or paper form, to you and other materials relating to the Licensor.

 

6.             Proprietary Rights: The Licensor, its affiliates and/or their respective licensors own all right, title and interest in and to the Licensed Application, including, without limitation, all intellectual and proprietary rights in all materials and analytical software within the Licensed Application, including illustrations, tables, graphs, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and related software present in the Licensed Application, and, except for the limited license granted to you herein, nothing in this Agreement shall be construed to restrict, transfer, convey, encumber, alter, impair or otherwise adversely affect Licensor’s, its affiliates’ and/or their respective licensors’ ownership or proprietary rights therein or any other of Licensor’s, its affiliates’ and/or their licensors’ information, processes, methodologies, products, goods, services,  trade-marks or materials, tangible or intangible, in any form and in any medium. The compilation of all content on the Licensed Application is the exclusive property of Licensor and/or its Licensors and is protected by Indian and international copyright, trademark, and other laws.

 

7.              Content: You acknowledge that the performance analysis data and content provided on the Licensed Application has been/shall be compiled by the Licensor from various sources including from your StanceBeam Striker, external sources, including without limitation the clients of the Licensor and users of the Licensed Application. No representation is made or warranty given as to the completeness or accuracy of such information. The content of the Licensed Application may contain typographical errors, incomplete or out of date information. You acknowledge and agree that the Licensor and/or its content providers reserve the right to correct any typographical errors in the content provided on the Licensed Application. By using the Licensed Application, you agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials or content provided on the Licensed Application. The Licensor 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 hosted in the Licensed Application. Third-party materials and links to other web sites are provided in the Licensed Application solely as a convenience to you. You may voluntarily share the location of your device with other users through the Licensed Application. Location data provided by the Licensed Application is for basic reference only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Licensor, nor any of its respective content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed in the Licensed Application.

 

8.              Feedback: The Licensor shall not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to the Licensor, you acknowledge and agree that the Licensor shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback. You further agree and hereby assign to the Licensor all right, title and interest in and to the Unsolicited Feedback, and the Licensor and its affiliates/clients are free to use the Unsolicited Feedback without payment, royalty or restriction.

 

9.             NO WARRANTY: 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 OF THE LICENSED APPLICATION AND CONTENT ACCESSIBLE THROUGH THE LICENSED APPLICATION IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY OR IN CONNECTION WITH THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL BUGS AND FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE LICENSOR, ITS AFFILIATES, AND/OR THEIR RESPECTIVE LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF TITLE, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER THE LICENSOR, NOR ANY OF ITS AFFILIATES, AND/OR THEIR RESPECTIVE LICENSORS WARRANT THAT THE FUNCTIONS OR SERVICES CONTAINED IN, ACCESSED FROM, PERFORMED BY, DISPLAYED ON, LINKED TO/FROM, OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR, ITS AFFILIATES AND/OR THEIR RESPECTIVE LICENSORS SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

 

10.          LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE LICENSOR OR ITS AFFILIATES, AND/OR THEIR RESPECTIVE LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, 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 LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR OR ITS AFFILIATES, AND/OR THEIR RESPECTIVE LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

11.          Indemnification: You agree to indemnify, defend, and hold Licensor, its affiliates and their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, service providers, and suppliers harmless against any and all claims, demands, actions, losses, damages, costs and expenses (including reasonable attorneys' fees), arising out of or relating to your (a) breach or violation of this Agreement, (b) infringement, misappropriation or any violation of the rights of any other party while or by using the Licensed Application and/or the Services, (c) violation or non-compliance with any applicable law, rule or regulation while or by using the Licensed Application and/or the Services, and (d) use or alteration of the Licensed Application (or any component thereof) in violation of this Agreement. Licensor reserves the right to assume the exclusive defense and control of any claims or actions subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

 

12.          Updates and Upgrades; No Guarantee of Continued Use or Availability: Licensor and its affiliates, clients and content providers reserve the right to modify, update, supplement, limit, discontinue, remove or disable access to the Licensed Application and/or any Services or features without notice to you and neither the Licensor, its affiliates, clients nor content providers nor any of their respective licensors shall be liable to you or any third party should they exercise such rights. From time to time, the Licensor may make available updates or upgrades to the Licensed Application via software download or other means. Such download may occur automatically without the need for any act on your part, or it may require you to manually download an update or upgrade through the same source from which the Licensed Application was originally downloaded. Certain functions of the Licensed Application may be modified or discontinued as a result of any such update or upgrade, or may not be available if you have not downloaded all updates and upgrades made available by the Licensor or otherwise.

 

13.          Changes to the Agreement: The Licensor may make changes to this Agreement, at any time and from time to time, by notifying you of the change, including, without limitation, by including the notice in the Licensed Application or by other electronic means, and a new copy of this Agreement shall be made available on the Licensed Application. By using the Licensed Application and/or any Services after such changes are made to the Agreement, you signify that you agree to be bound by and comply with such changes and Licensor shall treat your use as acceptance of the changed provisions.

 

14.          Termination: This Agreement is effective until terminated by you or the Licensor. Your rights under the license granted herein shall terminate automatically without notice from the Licensor if you fail to comply with any terms or conditions of this Agreement. Upon termination of this Agreement, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, thereof.

 

15.           Infringement of Copyright: In good faith, if you have reason to believe that any work copyrighted by you has been reproduced, embedded, or linked without any authorization on the Licensed Application, in a manner that constitutes an infringement of your copyright under law, please compile the following information and email to contact@stancebeam.com .

 

-- A clear identification of the copyrighted work allegedly infringed;

-- An clear identification of the allegedly infringing material on the Licensed Application (with specific URL reference);

-- Your contact details: name, address, e-mail address and phone number;

-- A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Licensed Application is not authorized by your agent or the law;

-- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

-- Your signature or a signature of your authorized agent.

 

16.           Governing Law and Interpretation: This Agreement and all the policies referenced herein constitute the entire agreement between the Licensor and you concerning the subject matter hereof. This Agreement and the Licensed Application, including any content and information contained therein shall be governed by the laws of the Republic of India and the courts of Bengaluru, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same. No failure or delay by Licensor, its affiliates, clients, content providers or licensors to exercise any right or enforce any obligation shall impair or be construed as a waiver or ongoing waiver of that or any or other right or power. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired and remain in full force and effect. You may not assign your rights under this Agreement without Licensor’s prior written permission and any attempt by you to do so shall be void. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.

 

17.           Contact Information: You may contact the Licensor at: D2 West,Trinity Acres,Sarjapur Road
Bengaluru-560102,India,
contact@stancebeam.com

 

 

Note to International Users: If you are a user accessing the Licensed Application from any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Indian laws, please be advised that through your continued use of the Licensed Application, which is governed by Indian law, you are transferring your personal information to India and you consent to that transfer and to the collection and usage of your Personal Information in accordance with the laws of the Republic of India.