END USER LICENSE AGREEMENT
This End-User License Agreement (“Agreement” or “EULA”) governs your use of the “The Collector’s Eye” ("CE") software (“Software”) and Services (described in Section 5) provided by Thelios, LLC, its subsidiaries and contractors (“Thelios”) designed to operate on your device powered by the Android™ operating system provided by Google, Inc. (“Android-powered Mobile Device”). The Software is licensed, not sold.
You, the end-user of the Software, acknowledge that the Agreement is entered into by and between Thelios and you and not with Google, Inc. (“Google”). You also acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
Your use of the Software constitutes your acceptance of the terms of this Agreement, which may be amended from time to time by Thelios. The most recent version of this Agreement shall always be available on the Internet at http://www.coincollectorseye.com/eula.html Thelios reserves the right to change or modify this Agreement or any other Thelios policies related to use of the Software or Services at any time, and at its sole discretion, by posting revisions on the Internet at http://www.coincollectorseye.com/eula.html. Continued use of the Software and Services following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
Subject to the terms of this Agreement, Thelios grants to you a nontransferable, nonexclusive, royalty-free, fully paid, worldwide license (without the right to sublicense) to install and use one copy of the Software, in executable object code format only, solely on your Android-powered Mobile Device.
2. License Restrictions.
You agree to the following license restrictions: (a) to use the Software solely for your personal, noncommercial use; (b) to not duplicate, copy or distribute the Software except as necessary to use it on your Android-powered Mobile Device; (c) to not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party; (d) to not copy the written materials accompanying the Software; (e) to not modify, translate, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Software in order to build a similar or competitive product or service; and (f) to preserve all copyright and other proprietary rights notices on the Software and all copies thereof.
3. Copyrights And Trademarks.
You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Thelios and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by Thelios or its suppliers.
This Software is protected by copyright laws, international copyright treaties, other intellectual property laws and treaties.
Android™ is a trademark of Google, Inc.,
registered in the
4. Updates Or Upgrades To The Software.
Thelios is not obligated to provide any updates or upgrades to the Software. However, the terms of this License will govern any software upgrades provided by Thelios that replace and/or supplement the original Thelios Software product, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
5. Services; Third-Party Materials.
The Software may enable access to Thelios’and Third-Party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and you accept additional terms of service by making use of these Internet-accessible Services.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or images, and that the Third Parties’ results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. You agree to use the Services at your sole risk and that Thelios shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You acknowledge that the content you encounter does not necessarily reflect the opinions or policies of Thelios.
Certain Services may display, include or make available content, data, information, applications or materials from (“Third-Party Materials”) or provide links to certain Third-Party web sites. By using the Services, you acknowledge and agree that Thelios 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. Thelios does not warrant or endorse and does 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. Neither Thelios, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability of data displayed by any of the Services.
You agree that the Services contain proprietary content, information and material that 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. 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, 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 Thelios is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, Third-Party Services and Third-Party Materials that may be accessed from, displayed on or linked to from the Android-powered Mobile Device are not available in all languages or in all countries. Thelios 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.
Thelios reserves the right to change, suspend, remove, terminate, or disable access to any Services for any or no reason at any time without notice. In no event will Thelios be liable for the removal of, termination, or disabling of access to any such Services. Thelios may also impose limits on the use of or access to certain Services, in any case, and without notice or liability.
B. Coin Identification Service (the “CIS”).
i. Scope Of The CIS.
The CIS is a Service provided by Thelios to you. This Service, can be accessed solely through the CE interface and features and will only provide data results containing images, names, dates, country of origin and composition when made available. Access to CIS is prohibited outside the CE user interface and provided features. During live use, the user agrees to upload to CIS hosted servers two coin photographs (front and back) per session that may be shared with our service and all users of the CIS (“the public”). Thelios may analyze your photograph and determine, in its complete discretion, whether there are technical or non-technical issues with hosting your photograph. If there are no disqualifying issues with your photograph, Thelios will host your photograph in order to attempt to perform an automated identification. You will then be able to share your photo via social media networks with your family, friends, and the public – all of whom can view your uploaded photograph.
Thelios may select, in its complete discretion, photographs uploaded to the CIS to be included for coin searches and identifications of coins belonging other CE users.
There is currently no monetary cost to access the CIS solely through CE at this time for data on images, names, dates, country of origin and composition when made available. This may be subject to change in the future.
Thelios reserves the right to charge for the initial download of the full CE version. Thelios also has made available a free version which mandates that users share their photo via social media networks with your family, friends, and the public – all of whom can view your uploaded photograph(s). A link will be provided to the identification results containing images, names, dates, country of origin and composition when available.
New features and products that go beyond the scope of images, names, dates, country of origin and composition, may be added to CIS at any time. Thelios reserves the right to make licensing of such new products or services accessible by purchase only.
iii. Representations And Warranties From The Purchaser.
You represent and warrant that (a) you are 16 years of age or older; (b) the uploading and use of your photograph on or through Thelios’s CIS does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person; and (c) the uploading and use of your photograph on or through Thelios’s CIS does not result in a breach of contract between you and a third party.
iv. Review of Photographs Uploaded To CIS.
You agree that each photograph you upload to the CIS may be reviewed by Thelios for potential technical, non-technical or decency issues, such as: being out of focus, lacking sharpness, or sufficient resolution to analyze and display your photographs; containing offensive, indecent, or objectionable behavior or content; violating the rights of any person or entity; or harming or threatening the safety of any person or entity. You agree that Thelios may reject, remove, ban, delete or refuse to compare or post a photograph for any or no reason. You agree to waive any right to contest any decision by Thelios to reject, remove, ban, delete, or refuse to host a photograph.
v. Use Of Your Photographs By Thelios.
Thelios does not claim ownership of any photographs you upload. However, Thelios does need certain rights from you, with respect to your photographs, in order to operate the CIS. Therefore, with respect to your photographs, you grant Thelios a worldwide, royalty-free, non-exclusive, fully sub-licensable license to use, distribute, reproduce, modify, compare and publicly display your photographs (in whole or in part) for the purposes of operating the CIS and enabling your use of the CIS. For example, if your uploaded photograph is deemed acceptable (see Section 5.B.iv), then Thelios will host your photograph and you will be able to share your photo via social media networks with your family, friends, and the public – all of whom can view your uploaded photograph.
The Software and the CIS display advertisements and promotions, and you agree that Thelios may place such advertisements and promotions on, about, or in conjunction with your photographs. The manner, mode and extent of such advertising and promotion are subject to change without specific notice to you.
You agree that Thelios shall have the right to archive copies of any photograph you upload to the CIS, and to use a copy of that photograph to promote this Software now and in the future.
vi. Use Of Your Content By Others.
You hereby grant other users of the CIS a worldwide, royalty-free, nonexclusive license to view any photograph you upload that is hosted by Thelios.
vii. Use Of Your Personal Information.
In order to upload photographs to the CIS, you are required to provide an e-mail address. If you choose not to provide an e-mail address, you may not be able to use certain features of the Software or the CIS. By entering your e-mail address you agree that Thelios can use your e-mail address to identify your photographs and to send you electronic communications, with opt-out details, concerning Thelios, the Software and Services. Thelios will not distribute, rent or sell your e-mail address. No other personal information will be collected by the Software. You have the option of utilizing the Software or CIS to share your uploaded photographs with your friends, family and the public through e-mails and social media networks including Facebook and Twitter. In order to facilitate the sharing of your photographs on social media networks, the Software may store your social media network information on your Android-powered Mobile Device, but that information is not shared with Thelios. Additionally, no information concerning the identity of the persons with whom you have shared your photographs is transferred to Thelios.
We may place e-mail links or forms in the Software or CIS to allow you to contact Thelios and affiliates. It is always your choice whether or not to provide any personal information.
viii. Removal Of Photograph.
Should you wish to have your photograph removed from the CIS, please e-mail Thelios at firstname.lastname@example.org from within the CE by pressing the Support menu button with your request to have any photographs associated with your user account removed. Thelios will remove your photograph as soon as practicable.
If you believe that a photograph infringes your copyright, please e-mail a Takedown Notice which complies with 17 U.S.C. § 502(c)(3) to email@example.com.
6. No Warranty.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE THELIOS SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THELIOS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE 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.
THELIOS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED INTHE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. THELIOS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY COMMUNICATION. THELIOS IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE THELIOS SOFTWARE OR SERVICES. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THELIOS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. 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.
Under no circumstances shall Thelios be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any photograph posted on or through the Services, or from the conduct of any users of the Services, whether online or offline.
Thelios cannot guarantee and does not promise any specific results from use of the Software or Services. Neither Thelios, nor any of its content providers, guarantees the availability, accuracy, completeness, or reliability of data displayed in its database. The information provided by Thelios should not be relied upon in determining the value of any items or in making a purchase decision based on such information. Further, the information provided in the CE database will not identify any defective or counterfeit items.
7. Limitation Of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THELIOS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, 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 SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THELIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THELIOS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT PRICE PAID FOR THE SOFTWARE, IF ANY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
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.
8. Indemnification By You.
You agree to indemnify and hold Thelios, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Software or Services in violation of this Agreement, arising from a breach of this Agreement, any breach in your representations or warranties, or if any photograph you upload to the Services causes Thelios to be liable to another.
9. Export Control.
You may not use or otherwise export or re-export
the Software except as authorized by
10. Injunctive Relief.
Thelios has the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.
11. Choice Of Law, Jurisdiction And Venue.
You agree that any disputes between Thelios and you shall be resolved under the substantive law
of the state of
12. Third-Party Beneficiary.
Google is a third-party beneficiary to this Agreement. Upon your acceptance of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement.
13. Section Titles.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Thelios’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
You may not assign your rights under this Agreement to any third party; Thelios may assign your rights under this Agreement without condition.
17. Product Questions, Comments, Claims And Contact Information.
Thelios, not Google, is responsible for addressing any questions, comments or claims relating to the Software and/or your use of the Software. If you have any comments or questions, please contact Thelios at the following e-mail address: firstname.lastname@example.org.
The Software license is effective until terminated by you or Thelios. Your rights under this license will terminate automatically without notice from Thelios if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Software, and destroy all copies, full or partial, of the Software.
19. Consent To Use Of Data.
You agree that Thelios may collect and use technical data and related information, including but not limited to technical information about your device, 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 Software. Thelios may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
This Agreement constitutes the entire agreement between you and Thelios regarding the use of the Software and supersedes any prior or contemporaneous understandings and agreements between you and Thelios related to its subject matter.