DIGIMARC DISCOVER APPLICATION END USER LICENSE AGREEMENT
Between: Digimarc Corporation, an Oregon Corporation, having offices at 9405 SW Gemini Drive, Beaverton, Oregon 97008, USA ("Digimarc").
And: You ("you").
This Digimarc Discover Application End User License Agreement (the "Agreement") is between you and Digimarc. The retailer through which you obtain the Digimarc Discover application (the "App") is not a party to this Agreement. You represent and warrant that you have the full legal authority to enter into this Agreement.
You are not allowed to install or use the App if you are under the age of 13.
Effective Date: The date you accept this Agreement.
Last Updated: May 2021.
- Acceptance. By installing or using the App, you agree to the terms of this Agreement. If you do not agree, you are not authorized to use the App.
- License. Digimarc hereby grants you a limited, non-exclusive, non-transferable, revocable, personal license to use the App for non-commercial purposes.
- Copying and Reverse Engineering. You shall not copy, replicate, modify, adapt, translate, alter, decompile, disassemble, reverse-engineer, or create derivative works, in whole or in part from, the App. If you create derivative works in violation of this Agreement, those works belong to Digimarc, and you hereby assign all rights and title to those works to Digimarc. If the retailer through which you obtain the App has usage restrictions or imposes any other terms and conditions on the use of mobile applications made available by that retailer, you shall comply with those restrictions and other terms and conditions.
- Third Party Services. Third party websites and services may be accessible using the App ("Services"). Digimarc is not responsible for examining or evaluating Services. Digimarc reserves the right to change, suspend, remove, or disable access to any Services at any time without notice to you.
- Ownership. The App is not sold to you. Digimarc retains all right, title, and interest in and to the App. You agree not to challenge any aspect of Digimarc’s rights in the App.
- Termination. This Agreement will remain in effect until terminated. Either party may terminate this Agreement at any time for any reason without notice to the other party. On termination, your license to use the App will expire, and you must cease using and uninstall all copies of the App. Use of the App after termination will violate Digimarc's intellectual property rights. Sections 3-13 of this Agreement will survive termination of this Agreement.
- WARRANTY DISCLAIMER. THE APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, DIGIMARC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS TO HOW LONG AN IMPLIED WARRANTY MAY LAST. TO THE EXTENT REQUIRED, ANY SUCH IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
- EXCLUSION OF LIABILITY. DIGIMARC IS NOT LIABLE TO YOU FOR ANY DAMAGES OF ANY TYPE ARISING FROM ANY CLAIM OR ACTION UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER FORESEEABLE OR UNFORESEEABLE, EVEN IF DIGIMARC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL DIGIMARC'S AGGREGATE LIABILITY TO YOU EXCEED $5.00.
- Notices. Notices to Digimarc must be sent by registered, pre-paid, certified mail, return receipt requested, to Digimarc's address listed above or Digimarc’s then-current address as posted on Digimarc's web site at: http://www.digimarc.com. A notice is effective when received or when the return receipt shows the notice was rejected.
- Export Rules. You shall not ship, transfer, or export the App to, or use the App in, any country prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively, "Export Laws"). You represent and warrant that you are not a citizen of or located in a country that is subject to a U.S. Government embargo, or that has been otherwise designated by the U.S. Government as a "terrorist supporting" country (including Iran, Syria, Sudan, Cuba, and North Korea), and that you are not on any U.S. Government list of prohibited or restricted parties, or otherwise prohibited under the Export Laws from using the App.
- Miscellaneous. If any provision of this Agreement is determined to be void or unenforceable by a court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. This Agreement, and any dispute arising out of or relating to this Agreement, is governed by laws of the State of Oregon, USA, excluding its conflict of law provisions. The state and federal courts of Portland, Oregon, USA have exclusive jurisdiction to resolve all disputes arising out of or relating to this Agreement. You irrevocably waive any objection to the jurisdiction of those courts. You shall not assign this Agreement to any third party without Digimarc’s prior written consent. Any purported assignment in violation of these terms is void from its inception. Digimarc may assign this Agreement to any third party without your consent. The retailer through which you obtain the App is a third party beneficiary under this Agreement, and that retailer has the right to enforce this Agreement against you.
- Entire Agreement. This Agreement is the complete agreement between the parties as to its subject matter and supersedes all earlier agreements and discussions regarding the App. This Agreement may only be modified by a writing signed by Digimarc.
If you have questions concerning this Agreement, please contact Digimarc’s Customer Care Group at firstname.lastname@example.org or call Digimarc at +1 800 DIGIMARC (344-4627), ext. 4704.
Copyright Digimarc Corporation
Reachability v2.0 License and Reachability v2.0 Donoho Design Group, LLC Derived Work License
Digimarc Discover may include a software library provided by Donoho Design Group, LLC, a derived work of Apple’s Reachability v2.0.
The following terms and conditions apply to Apple’s Reachability v2.0: Copyright © 2009 Apple Inc. All Rights Reserved.
The Apple Software is provided by Apple on an "AS IS" basis. APPLE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS.
IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE
The following terms and conditions apply to the derived work of Apple’s Reachability v2.0, developed by Donoho Design Group, LLC: Extensions Copyright © 2009 Donoho Design Group, LLC. All Rights Reserved.
THIS SOFTWARE IS PROVIDED BY DONOHO DESIGN GROUP, L.L.C. “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Zxing (including jai-imageio)
The App may include a software library called ZXing (including jai-imageio).
Copyright 2008 ZXing Authors.
Licensed under the Apache License, Version 2.0 (the “Apache License”); you may not use this file except in compliance with the Apache License. You may obtain a copy of the Apache License at:
Software distributed under the Apache License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, either express or implied. See the Apache License for the specific language governing permissions and limitations under the Apache License.
Copyright (c) 2005 Sun Microsystems, Inc.
Copyright (c) 2010-2014 University of Manchester
Copyright (c) 2010-2015 Stian Soiland-Reyes
Copyright (c) 2015 Peter Hull
All Rights Reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Sun Microsystems, Inc. or the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission.
This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. ("SUN") AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that this software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility.
The App may include a software library called Yajl. Copyright 2007-2011, Lloyd Hilaiel.
Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.
THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.