End User License Agreement (EULA)
If you do not accept the terms of this EULA, do not install, use or access the EKWB Services.
By clicking the “ACCEPT” or “ACTIVATE” or similar option in connection with this EULA, you agreed to be bound by these terms and conditions not just with respect to EKWB Services you are obtaining at the time, but also for any additional EKWB Service you later acquire directly or indirectly through that first EKWB Service, including new and different Service or EKWB, or updates and upgrades to a prior EKWB Service, for which you do not accept a separate end user license EULA.
If you do not wish to agree to these terms, please click “DECLINE” or “CANCEL” or “BACK” or any similar option presented with this EULA. If you do so, you will not be able to use EKWB Services covered by this EULA. If you decline to accept this EULA, or if you are not satisfied with EKWB Service for any other reason, you may obtain a refund of the amounts you have paid for EKWB Services within the past 30 days by following the instructions here.
EKWB may amend this EULA at any time by notice provided to you in accordance with this EULA, and your continued use of, or decision not to seek a refund for EKWB Service at any point at least 30 days after the notice date will constitute your acceptance of the amendment of this EULA. EKWB may require that you accept the amendment of this EULA in order to continue using EKWB Service you have previously purchased. If you decline to accept the amendment of this EULA, EKWB may terminate your use of the affected EKWB Service, in which case EKWB refund the amounts you paid for the Service (prorated for the unexpired or unused portion of the Subscription Term). By downloading, installing, or using the software, you are representing that you purchased the software from an approved source and binding yourself to the EULA. The following terms of the EULA govern your use of the Software (defined below), except to the extent: (a) there is a separate signed contract between you and EKWB governing customer's use of the software, or (b) the software includes a separate "click-accept" license EULA or third party license EULA as part of the installation or download process governing your use of the software. To the extent of a conflict between the provisions of the foregoing documents, the order of precedence shall be (1)the signed contract, (2) the click-accept EULA or third party license EULA, and (3) the EULA.
If, in the course of acquiring a EKWB Service you provided EKWB with an email address and that email address later changes, you must update your user profile to ensure that you receive notices about Subscription Period extensions and other important information about this EULA and the EKWB Services
EKWB, subject to the Special Terms, may from time to time update any EKWB Service or replace a EKWB Service with another EKWB Service with similar functionality without requesting or obtaining your separate consent, and your Device or certain Device functions may not be available to you while the Update is in process;
Before entering in the EULA you represent that you are 18 years of age or older, and are authorized to accept this EULA on behalf of all of the individuals and entities for whom (or for whose Devices) you obtain EKWB Services.
“Applicable Conditions” with respect to any EKWB Services, means the Subscription Term for the EKWB Services, whether the Subscription Term automatically extends. The Applicable Conditions are specified (i) on the checkout payment page if you obtain the EKWB Services over the Internet, from a Mobile App Store or by other electronic means, (ii) by telephone or email communication when you purchase the EKWB Services.
“Authorized Purposes” means with respect to EKWB Services, your personal use or internal commercial use, and in each case not for resale or other exploitation for the benefit of a third party.
“EKWB ” means EKWB , a company formed under the laws of Slovenia
"Documentation" means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) pertaining to the Software and made available by an Approved Source with the Software in any manner
“Extension Term” has the meaning ascribed to it by below terms
“Group Company” means, with respect to EKWB , an entity controlling, controlled by or under common control with the EKWB .
“Control,” as used in this section, means ownership of more than 50% of the outstanding voting interest of the applicable entity.
A “Person” includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns
“Personally Identifiable Information” means information that can be used to uniquely identify, contact, or locate a single individual or can be used with other sources to uniquely identify a single individual including, as applicable under applicable law, personal data (as the term is used by the EU Data Protection Directive 95/46/EC).
"Software" means all software programs distributed, published or otherwise made available by EKWB or its affiliates. Software also includes Documentation, updates and upgrades as well as accompanying manual(s) and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials, which is part of Service
“Services” means all Services made available by EKWB , including but not limited to Services accessed through webpage www.SMART-OPTOMETRY.COM, by means of a browser or by other online communication method.
“Software and Services” are collectively referred to as “EKWB Services”.
“Subscription Term” with respect to each EKWB Services, means the means the period beginning on the date you obtain the EKWB Services and continuing for the term (defined by the passage of time, your use of the EKWB Services or another metric) specified by the Applicable Conditions
“Third Party Materials” means software, Services, websites, offers and promotions or products provided by any third party and governed by Third Party Terms and Conditions.
“Update/Upgrade” means content or code EKWB deploys to update or/and upgrade EKWB Services including but not limited to new releases or versions of Software, updated malware signatures, spyware definitions, anti-spam rules, virus definitions, URL black or white lists, firewall rules, intrusion detection data, lists of authenticated web pages, and vulnerability data; or any other available update provided by EKWB from time to time in connection with a EKWB Services.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this EULA.
Conditioned upon compliance with the terms and conditions of the EULA, EKWB grants to you a nonexclusive, non sublicensable and nontransferable license to use for Authorized Purpose the EKWB Service for which you have paid the required license fees to an Approved Source. Unless otherwise expressly provided in the Documentation or any applicable Supplemental License EULA, you shall use the Software solely as embedded in and used for Authorized purposes. No other licenses are granted by implication, estoppel or otherwise. In addition to the limitations established by this EULA you will not (i) copy Software for any purpose other than, as reasonably necessary to use the same as contemplated by this EULA, and to preserve uninstalled/off-line copy for disaster recovery purposes; (ii) install the Software on any operating system not supported by EKWB, or (iii) remove any copyright, trademark or other proprietary notices from the Software.
The Subscription term under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or EKWB Services and ends on the earlier date of either your disposal of the Software and/or EKWB Services or EKWB ’s termination of this EULA. You may terminate the EULA and the license at any time by destroying all copies of Software and any Documentation. Your rights under the EULA will terminate immediately without notice from EKWB if you fail to comply with any provision of the EULA. Upon termination, you shall destroy all copies of Software and Documentation in your possession or control. All your confidentiality obligations, all restrictions and limitations imposed on you under the section titled "General Limitations" and all limitations of liability and disclaimers and restrictions of warranty shall survive termination of this EULA. In addition, the provisions of the sections EKWB Intellectual property and Limited Warranty shall survive termination of the EULA.
EKWB , in addition to such other rights as may be available at law, in equity or otherwise, may terminate your license to any or all EKWB Services without liability (i) for convenience on five (5) days’ prior notice, provided that EKWB, in its sole discretion, shall for paid EKWB Services, grant a license for a substantially similar product for the remainder of the Subscription Term, or (ii) for cause at any time without notice.
This is a license, not a transfer of title, to the EKWB Service, and EKWB retains ownership of all copies of EKWB Service. You acknowledge that EKWB Services contain trade secrets of EKWB or its EKWB’s licensors, including but not limited to the specific internal design and structure of individual programs and associated interface information and Documentation. Except as otherwise expressly provided under the EULA, you shall only use EKWB Services in connection with the use of EKWB Service you purchased from an Approved Source and you shall have no right, and you specifically agrees not to:
(i) transfer, assign or sublicense your license rights to any other person or entity (other than in compliance with any EKWB relicensing/transfer policy then in force) and you acknowledge that any attempted transfer, assignment, sublicense or use shall be void;
(ii) make error corrections to or otherwise modify or adapt the EKWB Service or create derivative works based upon the EKWB Service, or permit third parties to do the same;
(iii) reverse engineer or decompile, decrypt, disassemble or otherwise reduce EKWB Service to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction or except to the extent that EKWB is legally required to permit such specific activity pursuant to any applicable open source license;
(iv) use or permit EKWB Service to be used to perform EKWB Services for third parties, without the express written authorization of EKWB ; or
(v) disclose, provide, or otherwise make available trade secrets contained within EKWB Services in any form to any third party without the prior written consent of EKWB . You shall implement reasonable security measures to protect such trade secrets.
UPDATES/UPGRADES AND ADDITIONAL COPIES.
Notwithstanding any other provision of the EULA: (1) You have no license or right to make or use any additional copies or upgrades unless you, at the time of making or acquiring such copy or upgrade, already hold a valid license to the original EKWB Service and have paid the applicable fee to an approved source for the upgrade or additional copies; (2) use of upgrades is limited to EKWB Service supplied by an approved source for which you are the original end user purchaser or otherwise hold a valid license to use EKWB Service which is being upgraded; and (3) the making and use of additional copies is limited to necessary backup purposes only. Updates will be deemed a part of the EKWB Services for all purposes under this EULA. Updates may include both additions to and removals of particular functionality offered by a EKWB Services or may replace it entirely, and the content and functionality of such updates is at the sole discretion of EKWB . EKWB or your Device may offer you the option to decline or delay Updates, but you must download and permit installation of all available Updates to obtain maximum benefit from the EKWB Services. EKWB may stop providing support for a EKWB Services until you have accepted and installed all Updates. EKWB will determine when and if Updates are appropriate and has no obligation to make any Updates available to you. EKWB in its sole discretion may stop providing Updates for any version of the EKWB Services other than the most current version, or Updates supporting use of the EKWB Services in connection with any versions of operating systems, email programs, browser programs and other software with which the EKWB Services is designed to operate.
You agree to maintain and reproduce all copyright, proprietary, and other notices on all copies, in any form, of EKWB Service in the same form and manner that such copyright and other proprietary notices are included on EKWB Service. Except as expressly authorized in the EULA, Customer shall not make any copies or duplicates of any Software without the prior written permission of EKWB .
EXPORT, RE-EXPORT, TRANSFER AND USE CONTROLS
IDENTIFIED COMPONENTS; ADDITIONAL TERMS
EKWB Service may contain or be delivered with one or more components, which may include third-party components, identified by EKWB in Service, readme.txt file, third-party click-accept or elsewhere (the "Identified Component(s)") as being subject to different license EULA terms, disclaimers of warranties, limited warranties or other terms and conditions (collectively, "Additional Terms") than those set forth herein. You agree to the applicable Additional Terms for any such Identified Component(s).
The Software in EKWB Service is provided "AS IS". This limited warranty extends only to the Software you purchased from an Approved Source. Your sole and exclusive remedy and the entire liability of EKWB and its Affiliate under this limited warranty will be (i) replacement of defective media and/or (ii) at EKWB 's option, repair, replacement, or refund of the purchase price of the Software, in both cases subject to the condition that any error or defect constituting a breach of this limited warranty is reported to the Approved Source supplying the Software to you within the warranty period. EKWB or the Approved Source supplying the Software to you may, at its option, require return of the Software and/or Documentation as a condition to the remedy. In no event does EKWB warrants that the Software is error free or that you will be able to operate the Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, EKWB does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.
LIMITATION OF LIABILITY
REGISTRATION AND PRIVACY
CHANGES AND MODIFICATION
This EULA represents the complete EULA concerning this license between the parties and supersedes all prior EULAs and representations between them. EKWB reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on EKWB ’s website. You will be deemed to have accepted such changes by continuing to use the EKWB Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected