Preamble #
Candela Global, LLC, the Application Provider, creates, provides and employs technology in order to fulfill our mission of improving the quality of interaction between people, organizations, companies, governments and legal entities by assessing, valuing, measuring, aggregating, reporting on generally accessible public identifiers and handles.
Candela Global, LLC will update this End User License Agreement ("EULA)" or “Custom EULA”) from time to time and, at our own discretion, in order to remain compliant with the requirements of the appropriate Distribution Platform, External Services and, suppliers upon which we so heavily rely.
Should you have feedback regarding this EULA please feel free to contact us at support@candela.global.
Definitions #
Additional terms and definitions can be found in the Glossary.
End User License Agreement #
Apps made available through any Distribution Platform are licensed, not sold, to you.
Your license to each App is subject to your prior acceptance of this End User License Agreement between you and the Application Provider ("EULA)" or “Custom EULA”).
Your license to any App distributed or sold by the Distribution Platform under this EULAis granted by the Distribution Platform, and your license to any Third Party App under this EULAis granted by the Application Provider of that Third Party App. This App is subject to this EULAis referred to herein as the “Licensed Application.”
The Application Provider or Distribution Platform as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this EULA
a. Scope of License: The Licensor grants to you a nontransferable license to use the Licensed Application on any Device that you own or control and as permitted by the Privacy and Security Policy of the Application Provider, Usage Rules of the Distribution Platform and the Device. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules of the Distribution Platform or Device, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Associated Product or Device to a third party, you must remove the Licensed Application from the Associated Product or Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that 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 Licensed Application).
b. Consent to Use of Data: You agree that Licensor 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 Licensed Application. Licensor 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.
The Licensee agrees to be bound by and comply with the Application Provider’s Privacy and Security Policy. Please refer to the Application Provider’s Privacy and Security Policy for details of what data and Content we collect, how that data is utilized, as well as additional rights, obligations, and recommendations with regard to your use of the App and External Services.
c. Termination: This EULA is effective until terminated by you or Licensor. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
The Application Provider may stop providing the App, updates or fixes to the App and/or External Services, or any features within the App to you at any time and without notice. Candela Global, LLC also retains the right to create limits on use and storage of any and all data at our sole discretion at any time. Candela Global, LLC may also remove or refuse to distribute any content via its External Services, limit distribution or visibility of any content on the service, suspend or terminate users, and reclaim usernames or other identifiers without liability.
The Application Provider may alter or discontinue any App or External Service at any time without notice.
The Application Provider may close a user account at any time for any reason including inactivity. Any content or store of value, perceived or otherwise, associated with your account is forfeit when an account is closed.
Violation of the Privacy and Security Policy will result in Termination of this EULA but will not absolve you of liability with regard to your obligations under the Privacy and Security Policy and this EULA to the extent allowed by law in the governing jurisdiction.
d. External Services: The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY 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 OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION 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.
f. Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR 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 OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR 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 Licensor’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.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The Licensed Application 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.
i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and the Application Provider shall be governed by the laws of the State of Montana, excluding its conflicts of law provisions. You and the Application Provider agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Gallatin, Montana, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs as indicated in section k.
j. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and the appropriate Distribution Platform shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and the Distribution Platform agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs as indicated in section k.
k. If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
l. Maintenance and Support: The Application Provider is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA, or as required under applicable law. The Application Provider and End-User acknowledge, agree and, affirm that the Distribution Platform has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
m. Product Claims: The Application Provider and the End-User acknowledge, agree and affirm that the Application Provider, not the Distribution Platform, are responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application’s use of the HealthKit and HomeKit frameworks where and if applicable. This EULA will limit the liability of Application Provider to the End-User to the absolute minimum permitted by applicable law.
n. Intellectual Property Rights: The Application Provider and the End-User acknowledge, agree and affirm that, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, The Application Provider, not the Distribution Platform, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
o. Legal Compliance: The End-User must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
p. Developer Name and Address: The End-User will direct any questions, complaints or claims with respect to the Licensed Application to the Application Provider at:
Candela Global, LLC
18850 Crytal Mountain Road
Three Forks, Montana, USA
+1 (202) 798-3202
support@candela.global
q. Third Party Terms of Agreement: The End-User must comply with applicable third party terms of agreement when using Licensed Application.
s. Third Party Beneficiary: The Application Provider and the End-User acknowledge, agree and affirm that, the appropriate Distribution Platform the appropriate Distribution Platform’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the End-User’s acceptance of the terms and conditions of the EULA, the appropriate Distribution Platform will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.