End User License Agreement

 

V. 0521

 

Carefully read all the terms and conditions of this Agreement prior to using your copy of the GroundControl Software (the "Software"). By using the Software you indicate that you have read this agreement, understood it, agree to be bound by its terms and conditions and accept them. You also agree that this agreement is the complete and exclusive statement of agreement between the parties and supersedes all marketing materials, proposals or prior agreements, verbal or written and any other communications between the parties or between Us and the public relating to the subject matter of this agreement. We have all rights in the Software and the related documentation, and licenses its use to the licensee ("You") under the following terms and conditions.

License

 

We grant you a personal, non-transferable, non-exclusive license to use the Software ("License"). License is subject to the complete payments of all amounts due by you to Us for the License. You may not sell, lease or transfer the Software or allow use of the Software to any person but you or your employees.

 

You are licensed to use the Software only for the particular type of device (e.g. PC, Macintosh) and operating system you have purchased it for. You may use the Software only on one device at a time, so if you wish to use it on another device of the same type, you must first uninstall it and completely remove it from the device it has been installed on.

 

License is only to the version of the Software you have purchased. We may release from time to time updates to that version, that you will be able to download and use. However – the License does not apply to other versions of the Software, to the extent we shall release such versions.

 

You may not:

 

  1. electronically or in any other manner, transfer, reverse engineer, disassemble, reverse translate or in any manner decode in order to derive any source code from the Software. You may not use, distribute, copy, modify, alter the Software or the documentation either for you or to others except as expressly provided in this EULA.

 

  1. Loan, rent, lease, give, sub-license or otherwise transfer the Software (or any copy) in whole or in part, to any other person, except as specifically set forth in this EULA.

 

  1. Remove, alter or cause not to be displayed, any trademarks, copyright notices or start-up messages contained in the programs and/or documentation.

 

  1. incorporate or link any open source software with any part of the Software, or otherwise take any action which may cause the Software or any portion thereof to be subjected to the terms of the Free Software Foundation’s General Public License (GPL) or Lesser General Public License (LGPL), or of any other open source license;

 

 

THIS LICENSE WILL TERMINATE AUTOMATICALLY if you fail to comply with the terms and conditions set forth above.

 

Trial Version

We may, from time to time, according to our sole discration, offer trial versions to the Software, in order to enable users to experience and examine the Software ("Trial Version").

 

Any Trial Version may include all or part of the functions of the Software, and it use may be for a limited time, according to our sole discretion ("Trial Period"). Although you might allow you continue using the Trial Version after the expiration of the Trial Period (under certain imitations according to our discretion), you will be required to pay the price of the Software in order to continue using the Software's full versions. We may terminate the Trial Period on any time.

 

Since Trial Version is aimed to allow you experience use of the Software, we strongly recommend that you will not use the Trial Version for any commercial or other purposes which might have personal importance to you. Without derogating of any of the limitations of Our liability herein, we will have no liability to any damage, loss or expense You may suffer from using the Trial Version.   

 

Copyright

We retain all intellectual property rights and other rights related to the Software, including but not limited to its components, goodwill, trade secrets, patents, know-how, trademarks and proprietary information revealed and/or licensed to You according to this EULA.

 

You agree that the Software, documentation, training materials, trade names and trademarks are copyrighted and/or trademarked. You agree to exercise due care and diligence under this EULA to protect Our interests and rights. You may not copy the Software or the documentation. You may not transfer the Software or the documentation to any person.

 

Modifications And End Of Life

We reserve the right to modify the Software from time to time according to its sole discretion, including changing or removing certain features.

 

We do not commit to support and/or update the Software to any defined period, and We may, at any time, according to Our sole descretion, cease supporting and/or developing and/or upgrading the Software.

 

Privacy Policy

 

"Personal Information", means any and all information about you that is personally identifiable to you (your name, address, e-mail address, phone number, etc.) as well as other non-public information that is associated with the foregoing, and "Non-Personal Information" means information that is not associated with or linked to your Personal Information. Non-Personal Information does not enable identification of, or contact with, individual persons.

 

Generally speaking, we do not want and do not plan to use any of your Personal Data. However, such Personal Data might be sometimes essential in order to enable you to purchase and download the Software or to enable Us to provide you certain services.

 

For this purpose We may collect and store some or all of the following data categories: Your name, email address, correspondence exchanged between us, unique device identifier assigned to your device by phone makers, carriers, or makers of the operating system, registration information (such as an email address and password), your location, IP address,  operating system version and Software version.

 

The main purpose for collecting and processing your Personal Data is enabling You to purchase, download and install the Software and enabling Us to provide You certain services related to the Software. We may also use your Personal Data to verify your identity in the event you contact us for assistance with the Software. In certain situations, We may use or share your Personal Data in order investigate, prevent, defend against, or take other action regarding violations of our license, illegal activities, suspected fraud, or situations involving potential threats to the legal rights or physical safety of any person or the security of our network or Software, to respond to subpoenas, court orders, or legal process, in an emergency, to protect the health and safety of our Software users or the general public, or as otherwise required by law, to respond to claims that any posting or other content violates the rights of third parties. We may use your Personal Data for internal analysis such as analyzing user behavior in aggregate for research and marketing purposes. We may also use your Personal Data, after getting your consent to it, in order to send you informative and prmotoional materials from time to time. We may outsource some tasks to other companies or third parties and may share your Personal Data with those companies or third parties if reasonably necessary to enable them to assist in fulfilling the requests you make. In such cases, if such affiliated companies or third parties acting on Our behalf are given access to your Personal Data, We require that the companies abide by Our privacy policy and institute safeguards to protect the confidentiality of your information.  (all together, the "Purposes").

 

Kindly note that personal data collected within the European Union may, for example, be transferred to and processed by third parties located in a country outside of the European Union. In such instances We shall ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws.

 

We will retain your Data for as long as your License is valid and for any additional period required under applicable law.

 

If you are a natural person in the EU, you have the right to obtain from Us confirmation as to whether or not your Personal Data is being processed by Us. Where that is the case, you may access to your Personal Data and the following information:

the purposes of the processing;

the categories of Personal Data concerned;

the recipients or categories of recipients to whom your Personal Data have been or will be disclosed;

where possible, the envisaged period for which the Personal Data will be stored, or, if not possible, the criteria used to determine that period;

You may get a copy of your Personal Data undergoing processing. For any further copies We may charge a reasonable fee based on administrative costs. If you make the request by electronic means, and unless otherwise requested by you, the information shall be provided in a commonly used electronic form.

 

If you are a natural person in the EU, you have the right to obtain from Us the rectification of inaccurate Personal Data concerning you.

 

Subject to any applicable law or legal advice allowing us to keep a copy of your Personal Data for the specific purposes set forth in such law or advice, you also have the right to obtain from Us erasure of your Personal Data. This shall not apply where keeping your Personal Data is needed: (a) for exercising the right of freedom of expression and information; (b) for compliance with a legal obligation which requires processing by law to which we are subject;   and (c) for the establishment, exercise or defence of legal claims.

 

If you are a natural person in the EU, you have the right to obtain from Us restriction of processing your Personal Data where one of the following applies: (a) the accuracy of your Personal Data is contested by you, for a period enabling us to verify the accuracy of your Personal Data; (b) the processing becomes unlawful and you oppose the erasure of your Personal Data and request the restriction of their use instead; (c) we no longer need the Personal Data for the Purposes, but they are required by you for the establishment, exercise or defence of legal claims;

 

Where processing has been restricted as aforementioned, such Personal Data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest.

 

You may exercise your right to withdraw your consent, accessing your Personal Data, changing and erasing your Personal Data, restricting the processing of your Personal Data or opting out by sending an e-mail to:  info@gingeraudio.com

 

However, please note that in order to protect your personal Data, we may require you to prove your identity in the manner we may find fit from time to time, before exercising any of these rights.

 

 

 

 

We use customary tools to help protect your personal information against unauthorized access and disclosure however, since the Internet is not a 100% secure medium for communication, We cannot guarantee, and you should not expect, that Your Personal Information or private communications will always remain private when using this Application.

 

We are not responsible for any damages which you, or others, may suffer as a result of the loss of confidentiality of such information.

 

If you consent to it, We may provide Software users periodic Software-related notifications, newsletters, or other information via email, push notifications, text messages and other communication means, based on users consent or as otherwise permitted by applicable law. NOTE THAT YOU ARE NOT OBLIGED UNDER ANY APPLICABLE LAW TO CONSENT RECEIVING SUCH MATERIALS FROM US. Users may elect, at any time, to stop receiving such messages at their discretion or declare an objection (“opt-out”) at no cost. If you no longer wish to receive periodic email updates from Us, you may e-mail us to info@gingeraudio.com  You may also follow the unsubscribe instructions included in each email (e.g. an unsubscribe link in the emails We send to you). However, if you do not consent to receive material from Us or elect to stop receiving it, please note that certain software-related email messages that We send users are necessary for the proper functioning and use of the Software.

 

If you are a natural person in the EU, you have the right to lodge a complaint with a supervisory authority, according to the EU General Data Protection Regulation.

 

Term

This license is effective until terminated. You may terminate it by destroying the Software and documentation and all copies. This license will terminate if you fail to comply with any term or condition of this EULA. You agree upon such termination to destroy all copies of the Software and documentation.

Limited Warranty and Limited Liability

THE SOFTWARE AND ITS DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND NOT US ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. FURTHER, WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE; AND YOU RELY ON THE SOFTWARE AND RESULTS SOLELY AT YOUR OWN RISK.

 

We warrant to You, the original licensee, that the copy of the Software installed on your device is free of defects in materials and workmanship under normal use and service for a period of sixty (60) days from the date of downloading the software. Our entire liability and your exclusive remedy shall be replacement of the copy of the Software not meeting Our aforementioned limited warranty. If failure of the  installed Software has resulted from the accident, abuse or misapplication of the Software, then We shall have no responsibility to replace the Software under its limited warranty.

 

While every reasonable effort has been made to ensure that you will receive a Software that you can use and enjoy, We do not warrant that the functions of the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Due to the complex nature of computer programs, the Software (like all large programs) will probably never be completely error-free. We do warrant that the Software will perform substantially in accordance with the user manual.

 

We are a small independent firm, and therefore We cannot, and do not, operate a regular help desk. We do not undertake to provide any support to the Software. However, if You are facing any difficulties related to the Software, you may contact us at info@gingeraudio.com, and we will make reasonable efforts in order to get back to you and try assisting you resolving them. 

 

THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT ARE MADE BY US. NEITHER WE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PROGRAMING OR DELIVERY OF THE SOFTWARE, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOSS OF PROFIT ARISING OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE SUCH SOFTWARE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIM.

 

WITHOUT LIMITING THE ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE MAINTENANCE OR OTHER SERVICES, INFORMATION AND RELATED CONTENT FOR THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Under no circumstances will Our total liability regarding this EULA exceed the total purchase price paid to Us as consideration for your use of the Software.

 

THESE ARE YOUR SOLE AND EXCLUSIVE REMEDIES for any and all claims that you may have against Us or any entity or person related to Us arising out of or in connection with the Software, whether made or suffered by you or another person and whether based in contract or tort or negligence.

 

You assume full responsibility for the selection of the Software, and for its use and the results of that use. Without derogating of the aforementioned, You assume full responsibility to use the Software in compliance with any applicable law or regulation, and you may not use the Software for any illegal or offensive purpose.

 

We are not responsible for problems caused by changes in the operating characteristics of the hardware or operating system software you are using which are made after the release date of this version of the  Software, nor for problems in the interaction of the Software with any other software.

 

No action for breach of warranty may be commenced more than 1 (one) year following the expiration date of the above limited warranty. Nothing in this Agreement shall purport to reduce Our liability in respect of death or personal injury or any other liability by virtue of statute not capable of being excluded when dealing with a consumer.

Government Licensee

If you are acquiring the Software on behalf of any unit or agency of the United States Government, this provision applies. The Government acknowledges Our representation that the Software and its documentation were developed at private expense and no part of them is in the public domain. The Government acknowledges Our representation that the Software is “Restricted Computer Software” as that term is defined in Clause 52.227-19 of the Federal Acquisition Regulations (FAR) and is “Commercial Computer Software” as that term is defined in Subpart 227.401 of the Department of Defense Federal Acquisition Regulation Supplement (DFARS). The Government agrees that: If the Software is supplied to the Department of Defense (DoD), the Software is classified as “Commercial Computer Software” and the Government is acquiring only “restricted rights” in the Software and its documentation as that term is defined in Clause 52.227-7013(c)(1) of the DFARS, and if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Software and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR.

Restricted Rights Legend

Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013, and when applicable subparagraphs (a) through (d) of the Commercial Computer-Restricted rights clause at FAR 52.227-19, and in similar clauses in the NASA FAR Supplement.

Governing Law and Jurisdiction

This Agreement shall be governed by the laws of Israel and the exclusive jurisdiction regarding any matter related to and/or derived of this Agreement shall be to the competent courts in the Central District of Israel.

 

Our Complete Details:

 

 GingerAudio

 

Y. Livny

info@gingeraudio.com

 

 

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