BY USING THE EDEN PHOTOS APPLICATION AND ANY OTHER SOFTWARE PROVIDED BY EDEN TECH LABS FOR USE
WITH OR INCLUDED WITH YOUR EDEN PHOTOS APPLICATION AND ACCOUNT (collectively referred to as the
"App") YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND
CONDITIONS SET FORTH IN THIS EULA AND IN THE PRIVACY AND SECURITY POLICY LOCATED AT
This End-User Licensing Agreement ("EULA") is a legal agreement between You and Eden Tech Labs, a Bulgarian limited liability company with offices at 49 Knyaz Aleksandar Dondukov Boulevard, Sofia, Bulgaria ("Eden Tech Labs"), which governs your use of the Service (as defined herein). You acknowledge and agree that this EULA is between Eden Tech Labs and You only and that the company distributing the App ("Third Party Distributor") is not a party to this agreement, but the Third Party Distributor may have rights to enforce this agreement against you as a third party beneficiary of this EULA pursuant to an agreement between Eden Tech Labs Technologies and such Third Party Distributor.
Eden Tech Labs grants you a non-transferable license to use the App on a compatible device owned and controlled by you for your personal use, under the terms and conditions of this EULA and as permitted by any usage rules that may be applicable pursuant to a separate agreement between you and the Third Party Distributor. You further agree to comply with any other third party terms and conditions which may be applicable to your use of the App (such as terms of agreement between you and a photo service provider).Proprietary Rights
The App is licensed not sold. As between you and Eden Tech Labs, Eden Tech Labs will retain all intellectual property rights in the App, subject only to the licenses expressly granted herein. The App and related intellectual property rights are protected by law, including but not limited to United States and EU copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. You must not remove any product identification, copyright notices or proprietary notices or restrictions from the App. Nothing in this EULA will be interpreted to grant any implied license to any intellectual property of Eden Tech Labs. You may not reverse engineer, decompile, or disassemble the App or otherwise reduce to human-perceivable form, except and only to the extent that the right to do so is mandated under applicable law notwithstanding this limitation or as expressly provided for in this EULA.Third Party Components
Some portion of the software provided with the App may be open source, freeware, or other software that is included in or with the App and provided to Eden Tech Labs under license from third parties ("Third Party Components"). Such software is provided to you subject to the terms and conditions of the software license agreement applied to such Third Party Components by third parties. Use of the Third Party Components by you will be governed entirely by the terms and conditions of such license, and not by this EULA. To the extent the terms of this EULA conflict with the terms of such third party licenses, the terms of such third party licenses will govern. Terms and conditions relating to other Third Party Components are provided with the App. By agreeing to the terms of this EULA, you also agree to the terms of such licenses. To the extent any license for Third Party Components requires an offer to provide source code for those Third Party Components, this EULA constitutes such an offer. You may request more information by contacting Eden Tech Labs at email@example.com.Use of Your Information
In order to make full use of the App you may need to enter your Information into Eden Photos. As used in this agreement, the term "Information" means any information that you upload, transfer or provide to us in association with your use of Eden Photos, including but not limited to your email address, image files, and user posts, You retain all right, title and interest to any and all Information you provide, input or upload to Eden Photos. You grant Eden Tech Labs a limited right to use such Information solely for the purpose of providing the services offered by the App and your Account (collectively referred to herein as the "Service"). This permission also extends to third parties we work with to provide the Service.Your Rights in Images
You represent and warrant that you own all rights in and to the images you access, use or share via the App and that such images and your use of such images or other Information with the App, will not violate any copyright, trademark, right of privacy or publicity or literary or dramatic right of any third party. You agree that the Service may upload and temporarily store thumbnails of your images on Eden Tech Labs's servers to enable their automated machine analysis.Consent to Use of Data
You agree that Eden Tech Labs 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, and other services to you (if any) related to the Service. Eden Tech Labs 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.Right to Monitor
Eden Tech Labs has no obligation to monitor any information on the Service. Eden Tech Labs is not responsible for the accuracy, completeness, appropriateness or legality of images, files, user posts, or any other information you may be able to access using the Service.Sharing
The Service may provide features that allow you to intentionally share your information and images with others or to make them public. Eden Tech Labs has no responsibility for any activities (such as copying or reposting of the information by other users) that occur once you share such information and images.Prohibited Use
You agree not to transmit through the Service any unlawful, harassing, libellous, abusive, threatening, vulgar, obscene or otherwise objectionable material of any kind. You agree to only use the Service for lawful purposes, in compliance with all applicable laws including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include (without limit) storing, distributing or transmitting any unlawful material, attempting to compromise the security of any networked account or site, or making direct threats of physical harm.
You are prohibited from violating or attempting to violate the security of the Service by
all means including without limitation the following:
- accessing data not intended for you or logging into a server or account which you are not authorized to access;
- attempting to perform any technical security integrity review, penetration test, load test, denial-of-service simulation or vulnerability scan;
- attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Service, overloading, "flooding", spamming", or "crashing"; or
- forging any TCP/IP packet header or any part of the header information in any email;
- interfering with or disrupting the Services or servers or networks connected to the Service, or violating any requirements, procedures, policies or regulations of networks connected to the Services;
- accessing the Service by any means other than by use of the App.
In order to ensure a safe and effective experience for all of our customers, Eden Tech Labs reserves the right to limit the amount of data that may be accessed by You in any given time period. Eden Tech Labs reserves the right to limit usage which may be harmful to other users or to the security and stability of the Service provided by Eden Tech Labs. Usage limits may be amended at Eden Tech Labs's sole discretion from time to time.Third Party Websites and Services
The Service may enable access to third party websites and services (collectively and individually referred to as "Third Party Services"). Eden Tech Labs does not warrant or endorse any such Third Party Services and assumes no liability or responsibility for such Third Party Services or for any other materials, products or services of third parties. Your use of Third Party Services is at your sole risk. Eden Tech Labs makes no representation that the Third Party services are appropriate or available for use in any particular location. Eden Tech Labs reserves the right to change, suspend, remove or disable access to any Third Party Services at any time without notice. In no event will Eden Tech Labs be liable for the removal of or disabling of access to, or loss of data by, any such Third Party Services.Third Party Distributor Disclaimer
You acknowledge that as between Eden Tech Labs and Third Party Distributor, Eden Tech Labs is solely responsible for the Service. Third Party Distributor is not responsible for and does not provide any warranty, support or maintenance services for the Service. You agree that Third Party Distributor is not responsible for any product claims including but not limited to:
- product liability claims;
- any claim that the Service fails to conform to any applicable legal or regulatory requirement;
- claims arising under consumer protection or similar legislation;
- claims that the Service or your possession and use of the Service infringes a third party's intellectual property rights and Third Party Distributor has no obligation to investigate, defend, settle or discharge any such claims.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE 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 SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Eden Tech Labs HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, 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, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Eden Tech Labs DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Eden Tech Labs OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE 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.Suspension of Services
Eden Tech Labs reserves the right at anytime and from time to time to modify or discontinue temporarily or permanently the Service, or any part thereof, with or without notice. You agree that Eden Tech Labs shall not be liable to You or to any third party for any modification suspension or discontinuance of the Service, or any part thereof.Termination by Eden Tech Labs
You agree that Eden Tech Labs may, without prior notice, immediately terminate, limit your access to or suspend your Account, any associated email address, and access to the Service. Cause for such termination, limitation of access or suspension shall include, but not be limited to,
- breaches or violations of the EULA or other incorporated agreements or guidelines,
- requests by law enforcement or other government agencies,
- discontinuance or material modification to the Service (or any part thereof),
- unexpected technical or security issues or problems,
- extended periods of inactivity,
- engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made at Eden Tech Labs's sole discretion and that Eden Tech Labs shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Eden Tech Labs Services.
You may terminate your Account, any associated email address and access to the Service by submitting a termination request to Eden Tech Labs. Limitation of Liability Notwithstanding any damages that you might incur, the entire liability of Eden Tech Labs under any provision of this EULA and your exclusive remedy for all of the foregoing will be limited to the amount actually paid by you for the App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Eden Tech Labs BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF Eden Tech Labs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.Commercial Software
The App and accompanying documentation are "commercial computer Software" and "commercial computer Software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the App and accompanying documentation by the U.S. Government will be governed solely by the terms of this EULA and will be prohibited except to the extent expressly permitted by the terms of this EULA.Compliance With Export Laws
You represent that you are using the App for your own personal use and not for resale or export. You must comply with all applicable laws and regulations of the United States and other countries ("Export Laws") to assure that the App is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. You may not download, export or re-export the App:
- into, or to a national or resident of, any country to which the United States has embargoed goods; or
- to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the App, you are representing and warranting that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
We may revise the EULA from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised EULA. If you do not agree to the new terms, please stop using the Services.Copyright
Eden Tech Labs respects others' intellectual property and we ask that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our Digital Millennium Copyright Act Process attached hereto as Exhibit A. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.Governing Law and Interpretation
This EULA is governed by the laws of the Commonwealth of Massachusetts, U.S.A. The parties consent to the personal and exclusive jurisdiction of courts located in the Commonwealth of Massachusetts. In the event that any provision of this EULA is held to be unenforceable, this EULA will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties. Effective: 12pm CET, December 20, 2013Exhibit A
Eden Tech Labs respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, Eden Tech Labs will respond expeditiously to claims of copyright infringement committed using the Service if such claims are reported to Eden Tech Labs as set forth in this DMCA Notice Process Policy. If you believe that a user has violated your rights, please report alleged copyright infringements by completing the following DMCA Notice of Alleged Infringement and delivering it to Eden Tech Labs as set forth below. Upon receipt of Notice as described below, Eden Tech Labs will take whatever action, in its sole discretion, it deems appropriate, including but not limited to removal of the challenged content from the Service, or terminating a user's right to access and use the Service. DMCA Notice of Alleged Infringement ("Notice") Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to Eden Tech Labs: Eden Tech Labs, 49 Knyaz Aleksandar Dondukov Boulevard, Sofia, Bulgaria