Zest Application End User License Agreement
Zest is an Augmented Reality App that allows user to attach messages to real-world objects. It is designed to discuss objects of shared interest with users that are also seeing it, will see it, are close to it, or will be close to it.
Zest App is being developed by Zest Development, Belarus.
Zest App (“Licensed Application”) available through the App Store is licensed, not sold, to you. Your license to the App is subject to your prior acceptance of this Zest Application End User License Agreement (“EULA”) between you and Zest Development (“Licensor”). Your license to Zest App under this EULA is granted by Zest Development. Licensor reserves all rights in and to the Licensed Application not expressly granted to you under this EULA.
a. IMPORTANT! Beta Testing. Zest App is currently in its Beta Testing stage. By starting to use the Licensed Application you confirm that you received access to the Licensed Application from Licensor or from source authorised by Licensor. If this is not the case, you must stop using the Licensed Application immediately and uninstall it.
By starting to use the Licensed Application you agree not to disclose in any form its working principles, nature of its features, independently or as a whole, functional algorithms, graphics and symbols, or other elements of Licensed Application as the intellectual property, to other person or an organization. By starting to use the Licensed Application you also agree not to reproduce, copy, reverse-engineer, or in other way use working principles, nature of its features, independently or as a whole, functional algorithms, graphics and symbols, or other elements of Licensed Application for creation or improvement of your own product or other product that does not belong to the Licensor. If you do not agree to these terms, you must stop using the Licensed Application immediately and uninstall it.
By using Zest in current development stage you agree that Zest App in some particular cases can function not the way you expect it to function, and Zest Development can not take responsibility for all those particular cases. Please use Zest App with caution in use cases that involve your PII or information that is sensible for your or other people or can possibly compromise your privacy and security, or other people privacy and security.
Content you view or create using current version of Zest can be modified or removed in later versions of Zest.
b. Scope of License: Licensor grants you a personal, worldwide, royalty-free, nonexclusive, non-assignable, revocable, and non-sublicensable license to use the Licensed Application. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a separate EULA. 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 may not transfer, redistribute or sublicense the Licensed Application and, if you sell your device to a third party, you must remove the Licensed Application from the device before doing so. You may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that 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 Licensed Application).
c. You are allowed to use the Licensed Application and create an account using Licensed Application if:
You are not under an age of 14.
You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction—meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
You therefore may not use the Licensed Application, or enable anyone else to use the Licensed Application in a manner that:
violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
bullies, harasses, or intimidates.
slanders or distributes information in a way that is not conscionable and legal.
demonstrates nudity or violence.
spams or solicits our users.
d. Consent to Use of Data: You agree that Licensor 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 Licensed Application. Licensor 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.
e. Nature of Content. As a user of Zest App, you will be able to create and view messages attached to objects that are content of Zest as a Social Media App. Messages attached to object consist of message text, message author information, object preview image, object recognition data generated from one or multiple object photo similarities, object GPS coordinates data, creation date and time. When creating Zest content, you expose a combination of those to potentially unlimited audience, and take responsibility for doing so.
Attaching messages to objects using Zest App follows regulations applicable to making photos of objects. Attaching messages to people using Zest App is not allowed.
You’re allowed to attach messages to objects that belong to other person or company. However, you must be allowed to publish a photo and GPS-coordinates of such an object in combination with information you provide in your message by your local regulations to do so.
You retain ownership rights in content created with Licensed Application. However, by creating content with Licensed Application you grant Licensor a license to use it for functioning and development of the Licensed Application as a Social Media.
Much of the content displayed in Licensed Application is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although the Licensor reserves the right to review or remove all content that is created using the Licensed Application, the Licensor does not necessarily review all of it, and does not take responsibility for any content that others provide using the Licensed Application.
You are encouraged to give the Licensor feedback on the Licensed Application. However, by providing feedback you grant Licensor permission to use your ideas to improve Licensed Application.
f. Termination. This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
g. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
h. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED 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 OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED 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.
i. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR 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 OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’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.
j. You confirm that the mobile device on which you run Zest App belongs to you, and you are taking responsibility for correspondence of actions of any user that uses Zest on this mobile device, other than ones who accepted directly EULA on his or her own behalf, with EULA.
k. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
l. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
m. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.