PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SIXTH SENSE SOFTWARE. BY USING THE SIXTH SENSE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE.
IMPORTANT NOTE: To the extent that this software may be used to reproduce materials, it is licensed to you only for reproduction of non- copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
(a) The Sixth Sense software, content, documentation and any fonts included in the Software (collectively the "Sixth Sense Software") are licensed, not sold, to you by Sixth Sense Point Of Sale Inc. ("Sixth Sense") for use only under the terms of this License. Sixth Sense and/or Sixth Sense’s licensors retain ownership of the Sixth Sense Software itself and reserve all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by Sixth Sense that replace and/or supplement the original Sixth Sense Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
(b) From time to time, Sixth Sense may release software updates to the version of Sixth Sense Software you originally purchased. Sixth Sense will provide you any such updates that it may release up to, but not including, the next major release of the Sixth Sense Software, for free. For example, if you originally purchased version 1.X of the Sixth Sense Software, Sixth Sense would provide you for free any software updates it might release (e.g. version 1.2 or 1.3) up to, but not including, version 2.X of the Sixth Sense Software.
2. Permitted License Uses and Restrictions.
(a) Subject to the terms and conditions of this License, you are granted a limited non-transferable license to install and use the Sixth Sense Software on any computer that you own or control. You may not distribute or make the Sixth Sense Software available over a network where it could be used by multiple devices at the same time unless you purchase a separate license for each of those devices. You may not rent, lease, lend, sell, redistribute or sublicense the Sixth Sense Software.
(b) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Sixth Sense Software or any services provided by the Sixth Sense Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Sixth Sense Software). Any attempt to do so is a violation of the rights of Sixth Sense and its licensors of the Sixth Sense Software.
(d) Any financial information displayed by the Sixth Sense Software is provided for general informational purposes only and is not intended to be relied upon as, or a substitute for, financial advice. You are solely responsible for the financial decisions made by you and any consequences resulting therefrom, and should always seek the guidance and advice of a financial professional as appropriate. Neither Sixth Sense nor any of its licensors guarantees the accuracy, completeness, or timeliness of financial information appearing within the Sixth Sense Software or that desired results will be obtained.
(e) Certain components of the Sixth Sense Software, and third party open source programs included with the Sixth Sense Software, have been or may be made available by Sixth Sense on its Open Source web site (http://www.opensource.Sixth Sense.com/) (collectively the "Open-Sourced Components"). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Sixth Sense Software is used in accordance with the permitted uses set forth above; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Sixth Sense is not obligated to provide any maintenance, technical or other support for the resultant modified Sixth Sense Software.
3. Consent to Use of Data. You agree that Sixth Sense and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical and related information, including but not limited to information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Sixth Sense Software, and to verify compliance with the terms of this License. Sixth Sense may use this information to improve our products or to provide services or technologies to you.
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Sixth Sense if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Sixth Sense Software and destroy all copies, full or partial, of the Sixth Sense Software. Sections 6, 7, 10 and 11 of this License shall survive any such termination.
5. Services and Third Party Materials.
(a) The Sixth Sense Software enables access to Sixth Sense and third party services and web sites (collectively and individually, "Services"). Such services may not be available in all languages or in all countries. Use of the Services requires Internet access and use of certain Services requires you to accept additional terms.
(b) You understand that by using any of the Services, you agree to use the Services at your sole risk and that Sixth Sense shall have no liability to you for the content of the services.
(c) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Sixth Sense is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Sixth Sense, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
(d) You agree that the Services contain proprietary content, information and material that is owned by Sixth Sense and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or Sixth Sense. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Sixth Sense is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
(e) In addition, Services and Third Party Materials that may be accessed from, displayed on or linked to from the Sixth Sense Software are not available in all languages or in all countries. Sixth Sense makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Sixth Sense and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Sixth Sense be liable for the removal of or disabling of access to any such Services. Sixth Sense may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
6. Disclaimer of Warranties.
6.1 If you are a customer who is a consumer (someone who uses the Sixth Sense Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
6.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SIXTH SENSE SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
6.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SIXTH SENSE SOFTWARE AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SIXTH SENSE AND SIXTH SENSE'S LICENSORS (COLLECTIVELY REFERRED TO AS "SIXTH SENSE" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SIXTH SENSE SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
6.4 SIXTH SENSE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SIXTH SENSE SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE SIXTH SENSE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SIXTH SENSE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SIXTH SENSE SOFTWARE OR SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE SIXTH SENSE SOFTWARE OR SERVICES WILL BE CORRECTED.
6.5 YOU FURTHER ACKNOWLEDGE THAT THE SIXTH SENSE SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE SIXTH SENSE SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
6.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIXTH SENSE OR A SIXTH SENSE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SIXTH SENSE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL SIXTH SENSE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SIXTH SENSE SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SIXTH SENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Sixth Sense's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Export Control. You may not use or otherwise export or re-export the Sixth Sense Software except as authorized by Canadian law and the laws of the jurisdiction in which the Sixth Sense Software was obtained.
9. U.S. Government End Users. The Sixth Sense Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
10. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the Province Of Alberta, Canada, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
11. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Sixth Sense relating to the Sixth Sense Software, and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Sixth Sense. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
12. Third Party Acknowledgements. Portions of the Sixth Sense Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the “online” electronic documentation for the Sixth Sense Software, or may otherwise accompany such material, and your use of such material is governed by their respective terms.
13. Legal Fees. All legal fees, court costs, costs associated with arbitration and any costs incurred by Sixth Sense, resulting from a legal proceeding initiated by you or legal proceedings to enforce the terms of the license agreement, will be the responsibility of you.