PLEASE REVIEW THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS EULA IS A BINDING LEGAL AGREEMENT BETWEEN DGV INC. AND/OR ITS AFFILIATES (“DGV AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, “YOU“) REGARDING THE SOFTWARE THAT YOU ARE INSTALLING, DOWNLOADING, COPYING, ACCESSING OR USING (INCLUDING ANY FUTURE UPDATES, UPGRADES OR VERSIONS OF THE SOFTWARE) (COLLECTIVELY, THE “SOFTWARE“), AND ANY ASSOCIATED DGV SERVICES AND ACCOMPANYING DOCUMENTS, INFORMATION, MANUALS OR OTHER RELATED MATERIALS PROVIDED BY DGV AS PART OF, OR IN CONNECTION WITH THE SOFTWARE.
THE SOFTWARE AND THE SERVICES ARE FOR INFORMATION PURPOSES ONLY AND ARE NOT INTENDED TO BE USED FOR ANY OTHER PURPOSE, INCLUDING MEDICAL OR DIAGNOSTIC-RELATED PURPOSES.
THE SOFTWARE, USER INFORMATION, USER INTERFACE, SUPPORT, COMMUNICATION AND AGREEMENT, ARE ONLY PROVIDED IN ENGLISH. DO NOT USE NARBIS UNLESS YOU CAN FLUENTLY READ AND UNDERSTAND ENGLISH. FURTHER, DO NOT INSTALL, DOWNLOAD OR USE THIS SOFTWARE UNLESS YOU CAN FLUENTLY READ AND UNDERSTAND THIS AGREEMENT.
EULA TERMS
BY INSTALLING, DOWNLOADING, COPYING, ACCESSING OR USING THE SOFTWARE, OR OTHERWISE ACCEPTING THIS EULA, OR ‘CLICKING’ ACCEPT (IF APPLICABLE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT UNDERSTAND OR AGREE, YOU MUST NOT INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE SOFTWARE.
1. LICENSE GRANT AND RESTRICTIONS.
1. License Grant. DGV grants you a limited, personal, non-transferable, non-sub-licensable, and non-exclusive license to install and use a single copy of the Software for your information and non-commercial use as part of the product or hardware supplied by or on behalf of DGV in which the Software is contained or for which it is provided, together with any applicable DGV Services (the “License”).
2. Restrictions Including User-Generated Content.
a. With respect to the Software and DGV Services, you will not (and will not allow any third party to): (a) exceed the scope and purpose of the License grant above; (b) remove or alter any copyright notice or any other notices, (c) modify or create derivative works; (d) reverse engineer or attempt to discover any source code or underlying ideas or algorithms; (d) provide, lease, lend, sublicense, use for timesharing or otherwise use or allow the use of it for the benefit of any third party (including minors, if applicable) unless you take full responsibility for ensuring that its use by anyone else will comply with the terms of this EULA; or (e) use, or allow the use, transfer, transmission, export, or re-export of it or portion thereof in violation of any export control laws or regulations, or in violation of any laws or regulations.
b. For the purposes of this EULA, “User Generated Content” means any text, feedback, ideas, suggestions, documents, proposals, photographs or other data and information you or anyone acting on your behalf submits to DGV including, without limitation, through online and mobile services made available by or on behalf of DGV from time to time including, but not limited to, certain websites, widgets, computer programs, platforms, and mobile applications (collectively, the “DGV Services”). You represent that your User Generated Content: (a) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, or rights of privacy; (b) will not violate any law, statute, ordinance or regulation; (c) will not be obscene or contain child pornography; and (d) will not be defamatory, unlawfully threatening or harassing, harmful to minors or others in any way, or otherwise offensive or inappropriate.
c. You agree to indemnify, hold harmless and defend DGV and its licensors from and against any claims or suits, including attorneys’ fees and expenses, which arise or result from any breach of this EULA by you or by another who has access to or use of the Software, DGV Services or User Generated Content through you.
3. License Grant – Personally Identifiable User Generated Data. For the purposes of this EULA, “Personally Identifiable User Generated Data” means User Generated Content that identifies you and is considered personal information in accordance with applicable privacy and data protection laws. For clarity, Personally Identifiable User Generated Data does not include de-identified and/or aggregated information. You own your Personally Identifiable User Generated Data; DGV can’t use it without your consent. You grant to DGV a revocable, non-exclusive, worldwide, royalty-free license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use Personally Identifiable User Generated Data in any manner and at any time only so far as required to deliver Software, DGV products and DGV Services. You waive any rights of publicity, moral or other similar such right with respect to Personally Identifiable User Generated Data while used in accordance with the preceding sentence.
4. License Grant – Non-Personally Identifiable User Generated Data. For the purposes of this EULA, “Non-Personally Identifiable User Generated Data” means all User Generated Content except for Personally Identifiable User Generated Data. You grant to DGV a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit Non-Personally Identifiable User Generated Data in any manner and at any time. You waive any rights of publicity, moral or other similar such right with respect to the Non-Personally Identifiable User Generated Data that might require your permission for DGV to use such Non-Personally Identifiable User Generated Data.
5. Intellectual Property. The Software and DGV Services are protected by copyright laws, international copyright, patents, trademarks, trade secrets and other intellectual property rights. As between you and DGV, DGV retains all right, title, interest, ownership and intellectual property rights in and to the Software and DGV Services. The License confers no title or ownership in the Software or DGV Services and is not a sale of any rights in the Software or DGV Services. The License does not grant you any right to any enhancement or update to the Software and DGV Services. DGV reserves any and all rights not expressly granted to you. The Software and/or DGV Services may incorporate third party intellectual property or open source code.
6. Permitted Age. You represent and warrant that: a) you are of legal age to form a binding contract with DGV, and b) are not barred from accessing the Software or DGV Services under the laws of the United States, Canada, or other applicable jurisdiction, including the country in which you reside or from where you download, install, copy, access or use the Software or DGV Services. By accepting this EULA you represent that you understand and agree to the foregoing.
7. For Information Purposes Only. Content generated or found through DGV Services, Software or DGV products is for informational purposes only and is not intended to replace the relationship between you and your physician, healthcare provider or other professional you are working with (collectively, “Professional”). DGV’s NARBIS smart glasses is not a medical device and DGV is not a licensed medical or healthcare provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind. Further, you understand that any information generated from DGV Services, Software or DGV products is not medical information and you will ensure that medical information or other personal health information is not uploaded to DGV Services or Software or DGV products. You assume all liability for any medical or health information that is created or stored or uploaded on DGV Services, Software or DGV products, and you agree to fully indemnify and hold DGV harmless from any liability, expense, suit, action or claim (including regulatory proceedings) related to your breach of this EULA including without limitation, any liability, expense, suit, action or claim that arises through your use of DGV Services, Software or DGV products.
8. Physical Symptoms. In rare cases, some people experience seizures or blackouts due to exposure to flashing lights or patterns created by the display of certain applications on virtual reality headsets, mobile, or other such similar devices.. If you have experienced seizures or blackouts with such technology applications in the past, or have experienced any nausea, involuntary movements, tingling, numbness, or vision issues while using such devices in the past, you should consult with your doctor before using similar applications such as the Narbis product and should immediately cease all such use of such applications should the symptoms re-occur. In any event you should avoid prolonged use of such applications to minimize any possible discomfort or fatigue, including any muscle, joint or eye strain and should closely monitor use of technology to avoid possible problems.
2. TERMINATION. This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Software and destroying all copies of the Software in your possession or control and ceasing to use all associated DGV Services. DGV may terminate this EULA immediately upon notice to you for any or no reason. The EULA will terminate immediately without notice from DGV if you fail to comply with any provision of this EULA (including breach for nonpayment, if applicable). Upon termination of this EULA, you agree to immediately uninstall the Software and destroy all copies of the Software and cease using all associated DGV Services.
3. LIMITED WARRANTIES BY DGV.
1. Statutory Protections. THE APPLICABLE LAWS OF SOME COUNTRIES MAY NOT ALLOW THE EXCLUSION OF IMPLIED GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS AND/OR THE LIMITATION OR EXCLUSION OF LIABILITY EITHER IN CONTRACTS OR IF YOU ARE A CONSUMER, AND AS SUCH, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.
2. Limited Warranty. DGV DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. THE SOFTWARE AND DGV SERVICES ARE PROVIDED “AS IS” AND DGV DISCLAIMS ALL GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND DGV SERVICES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
3. Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN LIABILITY FOR DEATH OR BODILY INJURY RESULTING FROM DGV’S GROSS NEGLIGENCE, DGV, ITS SERVICE PROVIDERS AND ITS LICENSORS SHALL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CLAIMS ARISING FROM OR RELATED TO: (a) THE INSTALLATION, DOWNLOAD, COPYING, ACCESS TO OR USE OF THE SOFTWARE OR THE ACCESS TO OR USE OF ANY DGV SERVICE(S); OR (b) THE INABILITY TO USE OR THE NON-PERFORMANCE OF THE SOFTWARE OR ANY DGV SERVICE(S), IN ALL CASES WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, EVEN IF DGV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DGV, ITS LICENSORS AND SERVICE PROVIDERS EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE, OR THE APPLICABLE DGV SERVICE, IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM UNDER THIS EULA.
4. Basis of the Bargain; Exclusions. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and DGV. You understand and agree that DGV would not be able to economically or reasonably provide the Software or the DGV Services to you without these limitations.
4. GENERAL.
1. Governing Law. Unless stated otherwise below, this EULA will be governed and construed in accordance with the laws of Pennsylvania, USA and in the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of Pennsylvania or New York, at DGV’s discretion.
a. The United Nations Convention on Contracts of the International Sale of Goods is expressly excluded.
2. Privacy Policy. You acknowledge and agree that you have read the DGV Privacy Policy located at http://www.NARBIS.com/legal (or otherwise made available to you through DGV Services) and consent to the handling and processing of your data as described in the DGV Privacy Policy.
3. Language. If this EULA is translated in a language other than English, to the extent of any conflict between the English version and the translated version, the English version will prevail (http://www.NARBIS.com/legal
4. Changes to EULA. DGV may change the terms and conditions of this EULA at any time and recommends that you review them on a regular basis. You can review the most current version of this EULA at: http://www.NARBIS.com/legal or through the DGV Services. If DGV makes a change to the terms, it will post the revised version at the link above. You agree that your continued use of the Software after this EULA has been changed means that you have agreed to the changed terms.
5. Accounts and User Conduct. If DGV determines that any user is not using the Software or DGV Services responsibly, DGV has the right (but not the obligation) to remove, edit block or delete such user’s transmissions, User Generated Content, or use of the Software and/or DGV Services. If DGV, in its sole discretion, believes that the user has engaged in or facilitated practices that: (i) are in breach of this EULA, (ii) are offensive, illegal or violate the rights of others or DGV, (iii) violate any terms of use or guidelines established by DGV, or (iv) could result in liability for DGV, then DGV has the right (but not the obligation), without notice, to terminate the user’s access to and/or use of all or a portion of the Software and/or DGV Services, or delete information posted or stored to the Software and/or DGV Services. In addition, DGV reserves the right to limit the number of NARBIS accounts and the number of devices associated with an account. If DGV suspects that any registration data provided is inaccurate or incomplete, DGV may suspend or terminate the account without notice.
6. Entire Agreement; Amendment. This EULA is the entire agreement with respect to the Software and DGV Services and supersedes any other agreements or discussions, oral or written.
7. Interpretation. If any provision, clause or term of this EULA is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of that provision, clause or term will not affect the validity or enforceability of the remaining provisions, clauses and terms or the validity or enforceability of that provision, clause or term in any other jurisdiction. If any provision of this EULA is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provisions shall be severed from the EULA for the purposes of that jurisdiction and the other provisions shall remain in full force and effect. No waiver by either party of a breach or omission by the other party to this EULA will be binding on the waiving party unless it is expressly made in writing by the waiving party.
Survival. The provisions of this EULA that under a commercially reasonable interpretation reveal that the parties would have such provisions survive the termination of this EULA, including without limitation, Sections 1.2, 1.3, 1.4, 1.5, 1.7, 1.8, 1.9, 2, 3, and 4 will survive the termination of this EULA.
8. If you want any information about the Software or DGV Services, you may consult the user documentation that is provided with the Software or DGV Services. If you wish to request customer support from DGV for the Software or an DGV Service, or if you wish to provide Feedback about the Software or DGV Services to DGV, you may do so by contacting DGV at http://www.NARBIS.com/contact or at DGV Inc. Ambler Yards, 300 Brookside Ave, Building 43, Ambler, PA 19002
THIS EULA WAS LAST UPDATED ON OCTOBER 19, 2019