ACUERDO DE LICENCIA DE USO BETA PARA SOFTWARE DE TECNOLOGÍA DE REALIDAD AUMENTADA PROPIEDAD DE ARLAB

PRO LICENSE FOR AUGMENTED REALITY SOFTWARE PROPERTY OF ARLAB

 

Please carefully read this License Agreement for ARLab PRO, hereinafter the License, before using this program. The acceptance of this License awards the condition of Licensee ARLab PRO, hereinafter Licensee, and expresses the full and unreserved acceptance by the Licensee of each and every one of the terms of this License. If you do not agree with these license terms, do not accept the use of ARLab Software. Nevertheless, the use of the ARLab Software by the Licensee implies acceptance of the terms of the License. 


This license contract represents the entire agreement between the Licensee and AUGMENTED REALITY LAB SL, hereafter ARLab, with respect to the subject matter hereof, and supersedes any previous agreement between the Licensee and ARLab regarding the Software License of ARLab. 


Acceptance of the terms of the License does not grant the Licensee any rights over the ARLab Software not explicitly mentioned in the content below. 


Once the Licensee has paid the price for using the License, the Licensee will receive a link to download the ARLab Software and instructions on how to start developing APPs. At the same time, the Licensee's account will be updated with the ability to create unlimited APPs developed using the ARLab Software during the period of 1 year, computed date to date, from the time when the Licensee makes payment of the License. An API Key will be sent free of charge for each APP created by the Licensee that will enable the use of the ARLab Software. The ARLab Pro License also provides the Licensee with one year of access to ARLab Pro Support.


To start the development of a specific APP will require that, prior to its creation, the Licensee set a unique Bundle or Package Name that will not change for the entire life of the APP. That is, upon receipt of the API Key, the Licensee may either continue a previous development by entering the name of the APP linked to the specific API Key, or designate a Bundle and start a new development distinct from any previous ones. Similarly, and together with the creation of a unique Bundle, the Licensee will need to select the Platform for which such development is to be performed. The Licensee will not be able to change the Bundle or the Platform at any time thereafter. If the Licensee wishes to modify or replace the Bundle or use another Platform, it will require the creation of a new APP. 


0. - DEFINITIONS 

 

1.    ARLab PRO License or License: ARLab Software License that allows the Licensee to develop an unlimited number of APPs for a period of one year computed, date to date, from the time when a payment is made for the License. Each APP must have a unique Bundle selected by the Licensee before beginning development. Each APP may be used only in a single Platform that must also be previously selected by the Licensee before development starts. APPs developed under the ARLab Pro License may be sold by the Licensee without restrictions in any of the available online marketplaces or directly to third parties. 

 

2.    APP / APPlication: For the purposes of the ARLab PRO License, an APP is considered to be any software development by the Licensee with a useful technical or practical application operating in a previously selected Platform. Before any development is carried out linked to a specific API - key, the Licensee shall designate a unique Bundle and the operating Platform. Such designations will be unique and exclusive to this development and this API - key, and may not be modified or replaced in any way. 

 

3.    ARLAB Software:  The Augmented Reality SDK property of ARLab whose use is given to the Licensee for a period of one year computed, date to date, from the time when a payment is made for the License, to use in the development of one or more APPs.

 

4.    API Key: Password provided by ARLAB to the Licensee to access the ARLab Software and develop one or more APPs. This will require entering the unique Bundle and Platform.

 

5.    Bundle or Package Name: The name selected by the Licensee for a specific and unique software development in a specific Platform. The name cannot be modified or replaced in any case once selected by the Licensee. The API Key that allows access to the Licensee to a particular APP will always be linked to successfully entering the correct Bundle. 

 

6.    Platform: Operating system chosen by the Licensee for the operation of the APP. The designation of the Platform will always happen prior to the selection of the Bundle. The Platform chosen cannot be changed after selecting the Bundle. 

 

7.    ARLab PRO Support: Professional support service that assists Licensees with the management, monitoring and resolution of incidents that may arise from the use of the ARLab Software under the terms defined in clause 6 of the License. 


1. - GRANT OF LICENSE

 
1.1. Through the PRO License, ARLAB grants the Licensee the right to use the ARLab Software to develop an unlimited number of APPs for a period of one year computed, date to date, from the day on which the Licensee makes the payment for the License. APPs developed under the ARLab PRO License can be marketed by the Licensee without any restrictions in any of the online marketplaces available or directly to third parties. 



2. - INTELLECTUAL PROPERTY

 

2.1. The SDK property of ARLAB and all documentation and / or information relating to it is the exclusive property of ARLab. ARLab owns all intellectual property rights and copyright of the software, the documentation and any other work, program or product given by ARLab to a Licensee in compliance with the APP License. 


2.2. The ARLab Software is protected by copyright laws, patents, and international copyright treaties, as well as all other laws and treaties concerning intellectual property. 

2.3. This document is a license agreement and not a sale contract. Consequently, ARLab remains the sole owner of the augmented reality SDK Software, trademarks used in connection with it and all intellectual property rights over the software and those related to it.

 
2.4. This document does not transfer to the Licensee any ownership rights over the ARLab Software.

 

2.5. The APPs created from development using the ARLab Software are the sole property of the Licensee. 


3. - PERSONAL DATA


3.1. During the payment for the License and use of the Software, Licensees must provide personal data to ARLab. ARLAB informs Licensees that it will treat such data in accordance with current legislation on the subject, and the terms set forth in the Privacy Policy and the corresponding file CUSTOMERS AND / OR SUPPLIERS AEPD registered with the inscription code 2113270749 with the Agencia Estatal Española de Protección de Datos Personales (Spanish Agency for the Protection of Personal Data). The user can access this Privacy Policy via the following URL:
http://developers.arlab.com/terms


4. - WARRANTY DISCLAIMER 


4.1. The use of the License, which is aimed at a global market, may mean that some countries may have legislation that prevents some of the following restrictions from being applicable, in which case they shall not apply to Licensees in that country. For more information about your rights, please contact the customer care agency in your country.

 

4.2. YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE USE OF THE ARLAB SOFTWARE IS AT YOUR OWN RISK AND THAT YOU ASSUME THE ENTIRE RISK RELATED TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT.

 

4.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ARLAB SOFTWARE AND SERVICES PERFORMED BY ARLAB SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ARLAB EXCLUDES ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE ARLAB SOFTWARE AND SERVICES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND / OR CONDITIONS OF COMMERCIABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

 
4.4. ARLAB DOES NOT GUARANTEE, WITHOUT DETRIMENT OF YOUR USE AND ENJOYMENT OF THE ARLAB SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN THE ARLAB SOFTWARE AND THE SERVICES PERFORMED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE AND ARLAB SERVICES PERFORM UNINTERRUPTED OR ERROR FREE, THAT ALL SERVICES REMAIN AVAILABLE, THAT DEFECTS IN THE ARLAB SOFTWARE OR SERVICES BE CORRECTED, OR THAT THE ARLAB SOFTWARE BE COMPATIBLE OR OPERATE WITH ANY THIRD PARTIES SOFTWARE, APPLICATION OR SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE FUNCTIONALITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR SERVICES.

 
4.5. THE LICENSEE FURTHER ACKNOWLEDGES THAT THE ARLAB SOFTWARE AND SERVICES RESULTING FROM THIS LICENSE ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE FAILURE OR DELAYS, MISTAKES, OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THE ARLAB SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING, BUT NOT LIMITED TO, THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, MACHINERY FOR AIR TRAFFIC CONTROL, HOSPITAL EQUIPMENT, OR WEAPONS SYSTEMS. 


4.6. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ARLAB OR AN AUTHORIZED REPRESENTATIVE OF ARLAB WILL BE CONSIDERED AS A WARRANTY. IN THE EVENT THAT THE ARLAB SOFTWARE OR SERVICES STEMMING FROM THE USE OF THE LICENSE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TAKING INTO ACCOUNT THAT LEGISLATION IN SOME COUNTRIES DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON STATUTORY RIGHTS OF A CONSUMER, THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 
5. LIMITATION OF LIABILITY 



5.1. ARLAB WILL NOT BE LIABLE IN ANY CASE, TO THE EXTENT APPLICABLE BY LAW, FOR THE INJURY OR LOST PROFITS OR DAMAGES, OR ANY SPECIAL, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS BY CORRUPTION OR LOSS OF DATA, FOR THE INABILITY TO SEND OR RECEIVE DATA, OR INTERRUPTION OF BUSINESS, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF ARLAB SOFTWARE AND SERVICES RESULTING FROM THE USE OF THIS LICENSE, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ADVISED TO ARLAB OF THE POSSIBILITY OF SUCH DAMAGES.

 
5.2. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OF PROFITS OR DAMAGES, DIRECT OR INDIRECT DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. 


5.3. ARL's total liability for damages shall not, in any case, be greater than the price paid by Licensee to purchase the License. The previously mentioned limitations will apply even if the above stated remedy fails its essential purpose. 

6. - ARLab PRO SUPPORT


6.1. Without detriment to the Application of the liability limitations in clauses 4 and 5, the purchase of an ARLab PRO License grants to the Licensee the right to receive technical support for the communication, management, monitoring and resolution of all issues arising from the use of the ARLab Software. 


6.2. In the event of an issue arising from the use of ARLAB Software, the Licensee may contact the ARLab PRO Service through the support section of the ARLab website:
support.arlab.com. The Licensee has the right to use this service during the same period of one year during which the License is valid. The technical support team of ARLab PRO Service will contact the Licensee no later than 1 hour from the receipt of an e-mail with a response. A response will be understood to mean the delivery of customized information related to the incident or request, classified by type and possible inclusion of data analysis from our world-class support team of experts. 


6.3. The provision of a technical assistance service does not imply that ARLab guarantees the resolution of all incidents.

 

7. - OTHER RESTRICTIONS


7.1. The Licensee may use the ARLab Software to develop an application under a specific Bundle and Platform which shall not vary at any time. The Licensee may not transfer the rights granted in this License Agreement. The Licensee also may not reverse engineer, decompile, or disassemble the program. 


7.2. The Licensee also expressly agrees not to: 


7.2.1. Using ARLab Software for any purpose other than those provided for under this License.

 

7.2.2. Reengineer, decompile and disassemble, partially or completely, the Software, unless provided differently by applicable laws. However, the Licensee, prior to each disassembling, will request from ARLab the information necessary to achieve interoperability of the Software with another program.

 

7.2.3. Remove or alter any identification, proprietary notice, label or trademark of ARLab and / or its Licensors that appear on or in the ARLab Software. 

 

7.2.4 Use the ARLab Software in violation of any law or local ordinance or state rules or regulations, including laws relating to abuse or misuse of information.

 

7.3. The Licensee acknowledges that the obligations assumed in this License are essential to protect ARLab’s commercial activity. Accordingly, Licensee agrees and acknowledges that any violation or threatened violation of their obligations will cause irreparable damage to ARLab.


8. – TERM

  
8.1. The right to use the software under the terms regulated by the ARLab PRO License is valid for one year computed date to date, being the first day when the payment made by the Licensee is finalized.

 

8.2. You are entitled to terminate the License with ARLab by (i) notifying ARLab at any time at contact@arlab.com or (ii) by closing your User Account, should this option be available.

 

8.3. ARLab reserves the right to terminate this License Agreement automatically and without notice in case of breach by the Licensee of any terms and conditions specified therein. Likewise, ARLab is entitled to terminate the License provide to you, partly of entirely, include, but are not limited if: (i) You breach any provision of the License Agreement; (ii) ARLab is obliged to do so by law.

 

8.4. You understand and accept that upon termination of the License you will have to stop using the ARLab Software immediately. The right to terminate the License Agreement, either by you or ARLab, can be exercised at any time. Termination of the Agreement has immediate effect.

 

8.5. All provisions of the License Agreement that are intended to survive the termination, by nature or because such has expressly been provided for in the License, shall survive such termination. These provisions include, but are not limited to, provisions regarding intellectual property, warranty disclaimers, indemnity and limitations of liability and applicable law.

 

9. - JURISDICTION AND APPLICABLE LAW

 
9.1. This License Agreement shall be governed by the laws of Spain. In case of any questions and / or differences in their existence, validity, effectiveness, interpretation and / or effect, the only courts with jurisdiction will be in the city of Madrid (Spain), with the parties resigning any other jurisdiction that may apply. 

10. – GENERAL

  
10.1. You acknowledge and agree that ARLab can sue for breach of the License Agreement by the Licensee. 

 

10.2. The License Agreement constitutes the entire License between ARLab and you.

 

10.3. If any provision of this License Agreement is contrary to applicable law, it will be considered void without affecting or leading to the nullity of the whole agreement. Likewise, if any provision of the License is held invalid or unenforceable, that provision will be construed to reflect the ARLab original intent. Despite the invalidity or unenforceability of such provision, all other provisions of the PRO License will remain in full force and effect.

 

10.4. You agree that if ARLab does not exercise or enforce any legal right or remedy under the License, this will not constitute a formal waiver of ARLab's rights and that those rights or remedies will still be available to ARLab.

 

10.5. ARLab may at any time and without giving notice to you assign its rights under the ARLab.

 
10.6. ARLab expressly reserves any rights it may have and which were not granted to Licensees expressly under this License Agreement.

 
11. - FREE SOFTWARE AND THIRD PARTY SOFTWARE

 
11.1. The ARLab Software includes some software programs licensed under licenses OpenGL http://www.opengl.org and OpenSSL: http://www.openssl.org. 


11.2. The ARLab Software may include one or more libraries, files and other items to assist the Licensee in the use of the ARLab Software. ARLab guarantees to the Licensee the right to use these libraries, files and other items provided that the Licensee complies with the terms of this contract and any specific conditions regarding the libraries or files.

 
11.3. By accepting the contents of the License, You, the Licensee, agrees to the terms and conditions that are complementary or supplementary to the content of this License, if eventually they are established by ARLab.

 
11.4. In any case, it is the responsibility of the Licensee to use the ARLab Software in a way that always respects the terms of this License.