Mobile Application End User License Agreement
This Mobile Application End User License Agreement (”Agreement”) is a binding agreement between you (”End User” or “you”) and CODECHECK USA, INC. (“we” or the”Company”). This Agreement governs your use of the CODECHECK APPLICATION (including all related documentation, the “Application”). The Application is licensed, not sold, to you.
BY DOWNLOADING AND INSTALLING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR AT A LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THIS APPLICATION OR DELETE THE APPLICATION FROM YOUR MOBILE DEVICE.
1. License Restrictions. Licensee shall not:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time.
2. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company [and its licensors and service providers] reserve[s] and shall retain [its/their] entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
(a) We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
(b) The only cookies in use on our site are for Google Analytics. Google Analytics is a web analytics tool that helps website owners understand how visitors engage with their website. Google Analytics customers can view a variety of reports about how visitors interact with their website so that they can improve it.
Like many services, Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site. Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.
Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. For additional information on Google Analytics see https://www.google.com/policies/privacy/partners/
(c) The Company may collect, store, and analyze all personal data that you provide through the Application including but not limited to data related to your personal preferences as a consumer. We may use such data for all internal purposes and we may share such data with third-parties at our discretion.
5. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
6. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(a) BY DOWNLOADING THIS APPLICATION YOUR CONFIRM THAT YOU UNDERSTAND THAT ALL CONTENT IN THIS APPLICATION IS FOR INFORMATIONAL PURPOSES ONLY. THE COMPANY AS WELL AS ALL ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF ANY INFORMATION PROVIDED IN THIS APPLICATION, INCLUDING INFORMATION THAT IS PROVIDED BY THIRD-PARTY DATABASE PROVIDERS AND DO NOT ASSUME ANY LIABILITY FOR INACCURACIES, MISSTATEMENTS, OR OMISSIONS OR FOR ANY ADVERSE IMPACT FROM USING INFORMATION IN THIS APPLICATION.
(b) THE INFORMATION IN THIS APPLICATION DOES NOT CONSTITUTE MEDICAL ADVICE NOR DOES IT SUBSTITUTE SUCH MEDICAL ADVICE. BEFORE MAKING ANY HEALTH-RELATED DECISION YOU SHOULD CONSULT WITH A MEDICAL DOCTOR OR OTHER LICENSED HEALTH CARE PROVIDER.
(c) YOU TAKE NOTICE FROM THE FOLLOWING STATEMENT BY COMPANY’S NUTRITION DATABASE PROVIDER GLADSON: “WHILE WE WORK TO ENSURE THAT PRODUCT INFORMATION IS CORRECT, ON OCCASION MANUFACTURERS MAY ALTER THEIR INGREDIENT LISTS. ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN MORE AND/OR DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE. FOR THESE REASONS YOU SHOULD NOT RELY ON THE INFORMATION PRESENTED, BUT SHOULD ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. CONTENT ON THIS SITE IS FOR REFERENCE PURPOSES AND IS NOT INTENDED TO SUBSTITUTE FOR ADVICE GIVEN BY A PHYSICIAN, PHARMACIST, OR OTHER LICENSED HEALTH-CARE PROFESSIONAL. YOU SHOULD NOT USE THIS INFORMATION AS SELF-DIAGNOSIS OR FOR TREATING A HEALTH PROBLEM OR DISEASE. CONTACT YOUR HEALTH-CARE PROVIDER IMMEDIATELY IF YOU SUSPECT THAT YOU HAVE A MEDICAL PROBLEM. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. NEITHER CODECHECK USA, INC., ITS CONTENT PROVIDER(S) NOR PRODUCT MANUFACTURERS ASSUME ANY LIABILITY FOR INACCURACIES, MISSTATEMENTS, OR OMISSIONS.”
(d) THE APPLICATION MAY DISPLAY, INCLUDE, OR MAKE AVAILABLE ADDITIONAL THIRD-PARTY CONTENT (INCLUDING DATA, INFORMATION, APPLICATIONS, AND OTHER PRODUCTS, SERVICES, AND/OR MATERIALS) OR PROVIDE LINKS TO THIRD-PARTY WEBSITES OR SERVICES, INCLUDING THROUGH THIRD-PARTY ADVERTISING (”THIRD-PARTY MATERIALS”). YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR THIRD-PARTY MATERIALS, INCLUDING THEIR ACCURACY, COMPLETENESS, TIMELINESS, VALIDITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, QUALITY, OR ANY OTHER ASPECT THEREOF. COMPANY DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY THIRD-PARTY MATERIALS. THIRD-PARTY MATERIALS AND LINKS THERETO ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU, AND YOU ACCESS AND USE THEM ENTIRELY AT YOUR OWN RISK AND SUBJECT TO SUCH THIRD PARTIES’ TERMS AND CONDITIONS.
(e) The Application may allow you to upload product information into its database, be it by way of scanning such product information directly from a product’s packaging or by way of inputting such product information manually. The application may generate an evaluation of a product based on the product information uploaded by you. You do understand, however, that such an Evaluation will always depend on the quality and the accuracy of the uploaded information. Any such product evaluation that is based on user uploaded product information is therefore strictly for informational purposes only and may not be relied upon. The company does not guarantee the quality or the accuracy of such a user generated product evaluation and the company does not assume any liability for inaccuracies, misstatements, or omissions, or for any adverse impact from relying on such a user generated evaluation.
(f) the application may allow you to set, upload, or otherwise input certain personal preferences or other personalized information, which may be used to generate user specific evaluations of certain products. YOU DO UNDERSTAND, HOWEVER, THAT SUCH A user specific EVALUATION that is generated based on personal preferences WILL ALWAYS DEPEND ON THE QUALITY AND THE ACCURACY OF THE information provided by you. you also undertand that such a user specific evaluation that is generated BASED ON PERSONAL PREFERENCES may generate a product evaluation that does not reflect an ideal result for as you it is based on only a limited set of personal data while omitting other personal data that may be pertinent. you therefore understand that ANY SUCH PRODUCT EVALUATION THAT IS BASED ON USER preferences IS STRICTLY FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT BE RELIED UPONto make any health or other personal decision. THE COMPANY DOES NOT GUARANTEE THE QUALITY OR THE ACCURACY OF SUCH A personalized PRODUCT EVALUATION AND THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES, MISSTATEMENTS, OR OMISSIONS, OR FOR ANY ADVERSE IMPACT FROM RELYING ON SUCH A USER specific EVALUATION.
7. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including [reasonable] attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
8. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement, is invalid, illegal, or unenforceable, the remainder of this Agreement shall be unenforceable.
9. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of NEW YORK without giving effect to any choice or conflict of law provision or rule. To the extent permitted under the arbitration clause in Section 11, any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of NEW YORK in each case located in THE CITY OF NEW YORK and THE COUNTY OF NEW YORK. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
10. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The place of arbitration shall be New York, NY. New York State law shall apply. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
12. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
13. Term and Termination
(a) The term of Agreement commences when you download the Application and will continue in effect until terminated by you or Company.
(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
(c) Company may terminate this Agreement at any time without notice [if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
(e) Termination will not limit any of Company’s rights or remedies at law or in equity.
14. CodeCheck Premium
You can subscribe to an ad-free version of CodeCheck for 0.99 cents / month. These prices are for United States customers. The pricing may change and in other countries may vary and actual charges may be converted to your local currency depending on the country of residence. If you decide to purchase CodeCheck Premium, it will be done through your iTunes account. The subscription can be terminated monthly and will be automatically renewed 24 hours before the expiration, if no notice is given. The subscription can be managed after the purchase via the user settings in iTunes. The termination may also be carried out from there.