Therm-App
MD™ Pro User Manual
Confidential Opgal Propriety
Page
18-40
of
43
Document P/N UM-TAH00AQ-MD-PRO| Rev B
6.
LICENSE GRANT
. You have purchased a Product that includes Therm-App MD branded software modules owned or licensed by Opgal. With respect
to Therm-App MD mobile Apps owned or licensed by Opgal, Opgal grants you a non-exclusive license to use the Therm-App MD branded software
modules and the Therm-App MD branded mobile Apps (subject to the payment and usage terms applicable to each Therm-App MD branded App),
as well as associated media, user instructions, manuals, printed materials, and “online” or electronic documentation (“Software” and
“Documentation” respectively), only with the Product. Pe
rmitted use is your own use and not for resale. IF YOU DO NOT AGREE TO THOSE LICENSE
TERMS, DO NOT USE THE PRODUCT, COPY OR DOWNLOAD THE SOFTWARE. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE
WITH THE PRODUCT, WILL CONSTITUTE YOUR AGREEMENT TO THE LICENSE TERMS SET FORTH IN THIS DOCUMENT. You may also use the Product
with third party Therm-App MD branded software. Please note that your use of such third-
party software shall be governed by the third party’s
license terms. OPGAL
MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH THIRD-PARTY SOFTWARE.
7.
LICENSE LIMITATIONS
. You may not reverse engineer, decompile or disassemble the Software, except and only to the extent that such activity is
expressly permitted by applicable law notwithstanding this limitation, or according to open source licenses listed below.
8.
SOFTWARE UPDATES
. Opgal may issue software updates from time to time and you can update the Software downloading a new APK, contact
your account manager for more information.
9.
SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS
. You may permanently transfer rights in the Software only as part of a permanent
sale or transfer of the Product, and only if the recipient agrees to the terms of this License. If the Software is an upgrade, any transfer must also
include all prior versions of the Software.
10.
OWNERSHIP AND COPYRIGHT
. The Product, the Software and the Documentation are owned, copyrighted or licensed to Opgal or its third-party
suppliers. Your license, under Section 6 above, confers no title or ownership in the Software or the Documentation and should not be construed as
a sale of any rights in the Software or the Documentation. Opgal’s third party suppliers may protect their rights in the even
t of any violation of
these terms. Except as detailed below with respect to open source software, no parts of the Software or the Documentation including source code
may be reproduced, transmitted, transcribed or translated into any language or computer language in any form or by any means, electronic,
magnetic, optical, manual or otherwise without the prior written permission of Opgal. Names and marks appearing on the Product are either
registered trademarks or trademarks of Opgal and/or its affiliates and/or its licensors.
11.
OPEN SOURCE SOFTWARE
. The table below lists the open source software included in the Software, and the licenses applicable to the use of such
open source software modules. Notwithstanding anything to the contrary, nothing in this document will limit your rights under, or grant you rights
that supersede, the terms of such licenses to the extent they apply to such open source software.
Software License Agreement Location
Android Support lib http://www.apache.org/licenses/license-2.0
Aspectjrt http://projects.eclipse.org/content/eclipse-public-license-1.0
Dropbox Sync SDK http://www.apache.org/licenses/license-2.0
Isoparser http://www.apache.org/licenses/license-2.0
LibUSB library https://www.gnu.org/licenses/lgpl-2.1.html
Google analytics SDK http://www.apache.org/licenses/license-2.0
12.
LICENSE TERM AND TERMINATION
. Unless otherwise specified, any license granted is perpetual, provided however that if you fail to comply with
the terms of the license, Opgal may terminate the license upon written notice. Immediately upon termination, you will cease any use of the Software.
13.
LIMITATION OF LIABILITY
. OPGAL’S LIABILITY TO YOU UNDER THIS DOCUMENT IS LIMITED TO THE AMOUNT PAYABLE BY YOU TO OPGAL OR
ITS AUTHORIZED RESELLER FOR THE PRODUCT. NEITHER YOU NOR OPGAL WILL BE LIABLE FOR LOST REVENUES OR PROFITS, DOWNTIME COSTS,
LOSS OR DAMAGE TO DATA OR INDIRECT, SPECIAL OR CONSEQUENTIAL COSTS OR DAMAGES. THIS PROVISION DOES NOT LIMIT EITHER PARTY’S
LIABILITY FOR: UNAUTHORIZED USE OF INTELLECTUAL PROPERTY, DEATH OR BODILY INJURY CAUSED BY THEIR NEGLIGENCE; ACTS OF FRAUD;
WILLFUL MISCONDUCT; NOR ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
14.
EXPORT REGULATIONS
. The Product may be subject to export laws and regulations in your country. Before you export, re-export or transfer the
Product, you must verify if any export approval or license is required. Obtaining such approval or license is your exclusive responsibility and Opgal
makes no representation or warranty regarding the issuance of export license for the Product.
15.
GENERAL
. This document represents our entire understanding with respect to its subject matter and supersedes any previous communication or
agreements that may exist. Modifications to this document will be made only through a written amendment signed by both parties. This document
will be governed by the exclusive laws of the state of Israel, excluding rules as to choose and conflict of law. The courts of Israel will have exclusive
jurisdiction over all claims arising out of or relating to this document, and you hereby consent and submit to such exclusive jurisdiction. It is agreed
that the United Nations Convention on Contracts for the International Sale of Goods will not apply. Judgments of the foregoing courts will be
enforceable in any country.
