This application (the "App") is owned and maintained by Private Company „YUKON ADVANCED OPTICS WORLDWIDE“, legal entity code 300149641, registered at Ateities g. 21C, LT-06326 Vilnius, Lithuania, or a designated subsidiary in your country (hereinafter – „YAOW“, „we“, “our” or “us”).
The App is intended for use on iOS, Android or other mobile environment solely for use with YAOWS’s camera and hardware products, which include, but are not limited to digital night vision riflescopes, digital night vision devices, digital thermal imaging devices, digital rangefinders and other hardware designated as Stream Vision compatible and listed on the YAOW website (http://yukonopticsglobal.com/products/), YAOW product catalogues, as well as other devices (clearly indicating Stream Vision compatibility) (hereinafter – “YAOW device” or “YAOW devices”).
Use of the App constitutes your agreement to be unconditionally and without restrictions bound by the terms and conditions of this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, you must not use or must immediately terminate your use of the App, and/or must uninstall the App. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the App shall be subject to this Agreement.
Limited License Grant
Subject to your agreement and continuing compliance with this Agreement, YAOW grants you a non-exclusive, non-transferable, revocable limited license to access and use the App for non-commercial purposes. You agree that you will at all times comply with all laws and regulations when using the App and our products and services. YAOW reserves the right to stop offering and/or supporting the App or part of the App at any time, at which point your license to use the App or a part thereof will be automatically terminated. In such event, YAOW shall not be required to provide refunds, benefits or other compensation to users of the App. Your use of the App requires separate purchase by you of YAOW devices, manufactured or distributed by or through YAOW; your use of such products is subject to any terms and conditions contained in the documentations that accompanies such products. The App may not be fully functional if you use a version other than the latest version of the App and you agree to cease use of an older version of the App if requested by YAOW or if YAOW publicizes that only the most recent version of the App should be used by App users.
The App provided solely for your personal, noncommercial use. You may use the App only if you can legally accept this Agreement and commit under this Agreement, and only in compliance with this Agreement and all applicable laws. Persons younger than 18 shall not use the App and provide any personal data to us without the supervision of the parents or guardians. YAOW shall never knowingly collect personal information from persons younger than 18, and shall not disclose such personal data to third parties without the consent. Based on the above, it is presumed that any person using the App and the Services and supplying personal data to us is at least 18 years of age. In case younger than 18 years old person or person supplying wrongful data are identified, such person and all their data shall be immediately and without any notice withdrawn by terminating their remote access to YAOW device.
If you want to make commercial use of the App, you must enter into a separate written agreement with us in advance.
We may unilaterally and without any notice or warning set forth and enforce restrictions on using the App, especially when it is required for observing the acceptable use of the App (please also see section Prohibited Activities below). We reserve the right to unilaterally refuse service, terminate your use or limit access to the App at our sole discretion for any reason or no reason.
a. Personal information
b. Recording, saving and retaining content
The App allows you to save, retain and share content, including photos, videos, audio and other data on your mobile device. Anything that you save or otherwise retain through the App is referred to as “User Content”. YAOW respects the intellectual property, privacy and security of others, and we ask our users to do the same. When you save and retain any content with the App please consult the property, persons and entities portrayed in such content for consents, rights, information and restrictions that may be applicable to such content. Please note that certain content may not be recorded, reproduced, used, distributed or displayed without the written permission of the right holders and affected parties. You are solely responsible for the User Content you record, save and retain with the App and you will not violate the restrictions applicable to/by the property, persons and entities where such content originates, regardless if any such restrictions are posted or not. As a condition to your use of the App, you agree not to use the App to infringe any applicable laws or third party rights, including privacy and intellectual property rights and not to engage in any Restricted Activities (see below). You may be subject to civil, administrative and criminal penalties, including without limitation monetary damages, if you engage in the Restricted Activities, or otherwise violate this Agreement, or infringe any third party’s legal rights. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate use and access to the App to any users who infringe any third party rights or applicable laws.
c. Feedback about the App
We value hearing from our users, and are always interested in learning about ways we can improve the App. If you choose to submit comments, ideas, proposals, documents or feedback, you agree that we are free to use them without any restriction or compensation to you.
By sending us any comments, ideas, suggestions, documents or proposals (hereinafter – the "Suggestions "), you agree that (i) your Suggestions do not contain the confidential or third party
information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Suggestions, (iii) we may have something similar to the Suggestion already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and commercialize your Suggestions (ideas/concepts).
By receiving your Suggestions YAOW does not waive any rights to use similar or related information previously known to us, or developed by our employees, or obtained from sources other than you.
The App and its proprietary features, functionality, interfaces and source code protected by copyright and other intellectual property laws. The App and its proprietary features, functionality, interfaces and source code are owned by YAOW. Except for the limited license rights expressly provided herein, YAOW and its suppliers have and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the App, its proprietary features, functionality, interfaces and source code and the Software (as defined below), and all copies, modifications and derivative works thereof (including any changes which incorporate any of your ideas, feedback or suggestions). You acknowledge that you are obtaining only a limited license right to the App, its proprietary features, functionality, interfaces and source code and the Software and that no ownership rights are being conveyed to you under this Agreement or otherwise. You may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the App, its proprietary features, functionality, interfaces and source code in any other way or for any other purpose without the prior written consent of YAOW.
You acknowledge that the App, its proprietary features, functionality, interfaces and source code includes certain trademarks and service marks owned by YAOW and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the App, its proprietary features, functionality, interfaces and source code.
Please note that all proprietary software programming contained in this App (collectively, "Software") is owned by YAOW and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. You shall not (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer the App, its proprietary features, functionality, interfaces and source code, or the Software, or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the App, its proprietary features, functionality, interfaces and source code, or the Software, by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions); (b) distribute, sell, sublicense, rent, lease or use the App, its proprietary features, functionality, interfaces and source code, or the Software (or any portion thereof), for time sharing, hosting, service provider or like purposes; (c) remove any product identification, proprietary, copyright or other notices contained in the App, its proprietary features, functionality, interfaces and source code, or the Software; (d) modify any part of the App, its proprietary features, functionality, interfaces and source code, or the Software, create a derivative work of any part of the App, its proprietary features, functionality, interfaces and source code, or the Software, or incorporate the App, its proprietary features, functionality, interfaces and source code, or the Software, into or with other software; (e) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the App, its proprietary features, functionality, interfaces and source code, or the Software; (f) utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection used by YAOW in connection with the App, its proprietary features, functionality, interfaces and source code, or the Software, or use the App, its proprietary features, functionality, interfaces and source code, or the Software, together with any authorization code, serial number, or other copy protection device not supplied by YAOW; or (g) use the App, its proprietary features, functionality, interfaces and source code, or the Software, to develop a product which is competitive with any YAOW product offerings. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the App, its proprietary features, functionality, interfaces and source code, or the Software, is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
Data Charges and Mobile Phones
You agree that you are solely responsible for any charges that you may incur for using the App, including text-messaging and data charges associated with use with mobile devices. Please consult your applicable service providers if you have any questions regarding usage charges before using the App. The App may automatically download and install upgrades, updates, or other new features unless you disable these features in your device’s settings. You are responsible for obtaining all hardware necessary to run the App and for any fees, including, but not limited to internet connection, data, or mobile carrier fees that you incur when accessing the App.
To the fullest extent permissible under applicable law, you agree to release, defend, indemnify and hold YAOW, its affiliates and agents, and their respective officers, directors, managers, partners, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of User Content, including but not limited to any claims that such User Content is unlawful or violates the intellectual property or other rights of third persons, (ii) your use of the App or any reliance on its proprietary features, functionality, interfaces and source code, or (iii) your violation or breach of this Agreement.
YAOW is under no obligation to enforce the Agreement against you. While we encourage you to let us know about the violation of this Agreement by any users of the App, however, in case of such violations we reserve the right to investigate and take appropriate action at our sole discretion.
Below is a partial list of the kinds of activities that are prohibited on or through the App. While using the App you agree not to, and will not assist, encourage, or enable others to use the App for/to (collectively herein - "Prohibited Activities"):
You also agree not to, and will not assist, encourage, or enable others to:
You also agree not to act contrary to the law, and not to perform aforesaid actions, even if permissible under applicable law, without providing 30 days' prior written notice to us, which shall be provided together with any information that we may reasonably require giving us an opportunity to provide alternative remedies or otherwise accommodate them at our sole discretion.
We will disclose your data and all information about Prohibited Activities without your consent and any notice to you to the competent national and foreign authorities, especially in cases of: (i) any criminal and administrative investigation of your activities pertaining to violations of third party’s privacy or any other rights, or any applicable law; (ii) any legal action regarding suspected illegal activities; (iii) enforcement or application of this Agreement; (iv) compliance with the legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on YAOW; or (v) protecting of legal rights, reputation, and property. We may also choose to comply with domestic and foreign court orders and requests pertaining to violations of third party’s privacy or any other rights, or any other illicit use of your YAOW device and/or the App.
Warranty Disclaimer and Limitation of Liability.
YOU EXPRESSLY AGREE THAT USE OF THE APP AND RELIANCE ON ITS FEATURES< FUNCTIONALITY AND INTERFACES IS AT YOUR OWN RISK. YAOW AND ITS AFFILIATES AND AGENTS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE APP, THE SOFTWARE, ITS PROPRIETARY FEATURES, FUNCTIONALITY, INTERFACES AND SOURCE CODE, THE USER CONTENT, THE SERVICES PROVIDED
THROUGH THE APP OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE APP, ITS PROPRIETARY FEATURES, FUNCTIONALITY, INTERFACES AND SOURCE CODE, THE SOFTWARE, THE USER CONTENT AND THE SERVICES PROVIDED THROUGH THE APP ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND YAOW AND ITS AFFILIATES AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. YAOW RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE APP, IN ITS PROPRIETARY FEATURES, FUNCTIONALITY, INTERFACES AND SOURCE CODE. YAOW DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE SERVICES PROVIDED THROUGH THIS APP. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE FUNCTIONS CONTAINED IN THE APP WILL MEET YOUR REQUIREMENTS, THAT ANY FEATURE OR FUNCTIONALITY IN THE APP OR THE APP ITSELF WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE APP WILL BE CORRECTED OR THAT THE APP WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR SERVICES. YOU ASSUME ALL RISK FOR USE OF YAOW’S PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO THE APP, AND YOU ARE COMPLETELY RESPONSIBLE FOR TAKING ALL SAFETY AND SECURITY PRECAUTIONS FOR THE USE OF SUCH PRODUCTS AND SERVICES.
YAOW, ITS AFFILIATES AND AGENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTIAL, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES FOR LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, LOST PROFITS OR COSTS OF COVER, WHETHER RESULTING FROM OR CAUSED BY THE APP, THE SOFTWARE, CONTENT, THE USER CONTENT, THE SERVICES PROVIDED THROUGH THIS APP, THIS AGREEMENT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL YAOW BE HELD RESPONSIBLE OR LIABLE TO YOU FOR THE CONDUCT OF THIRD PARTIES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED EURO (100 EUR). IN ANY CASE, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Termination of Service
You understand and agree that in YAOW's sole discretion, and without prior notice, your access to this App may be terminated or suspended, and YAOW may exercise any other remedy available, if YAOW believes that your use of the App (a) violates (i) the terms of this Agreement, (ii) the rights of YAOW, its affiliates and agents or any third party, or (iii) any applicable law or regulation, or (b) is otherwise objectionable or inappropriate or (c) constitutes fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to YAOW for violations of this Agreement, and you consent to injunctive or other equitable relief for such violations without the requirement that YAOW post a bond. YAOW is not required to provide any refund to you if you are terminated as an authorized user of the App because, in YAOW's sole discretion, you have violated the terms of this Agreement.
The App, its proprietary features, functionality, interfaces and source code and/or Software may be subject to export controls and economic sanctions laws, regulations and requirements and to import laws, regulations and requirements of certain jurisdictions. By downloading the App, you represent and warrant that you are not located in, under the control or, or a national or resident of, any such restricted jurisdiction.
The App, its proprietary features, functionality, interfaces and source code and the Software were developed fully at private expense. The App is commercial computer software. If the user or licensee of the App is an agency, department, or other entity of the government, such user or licensee must enter into a separate written agreement with us in advance. Any unauthorized or other use is prohibited.
Applicable Law and Dispute Resolution
The law of the Republic of Lithuania shall govern this Agreement, as well as any claim, cause of action or dispute that might arise between you and YAOW. If you are in the United States, then at our discretion the rights and obligations of YAOW may be assumed by a designated subsidiary in your country, and the domestic law of your country may be applicable.
All disputes and claims shall be resolved by negotiations. If negotiations fail to resolve the dispute or claim for 30 (thirty) days, such dispute or claim shall be finally resolved through the judicial procedure at the Vilnius city court or Vilnius district court according to the rules of subject matter jurisdiction. In case the rights and obligations of YAOW are assumed by a designated subsidiary in your country, and the domestic law of your country is applicable, then such disputes and claims may be finally resolved by the competent court in your country at the location (city, county, state) of the designated subsidiary in your country.
We reserve the right to modify and update this Agreement at our sole discretion, at any time, for any or no reason, and without notice or liability, as indicated below. We also reserve the right to modify, update, or discontinue the operation of the App at our sole discretion, at any time, for any or no reason, and without notice or liability.
All users of the App are obliged to ensure that they are familiar with the most current wording of this Agreement. The date of the most current wording of this Agreement is indicated at the top of the text. The change of this Agreement may be communicated to you by sending an email and/or by publishing the updated Agreement on YAOW Stream Vision website, and/or About section of the App. You agree to review this
Agreement each time you use the App, since you agree to be bound by it each time you use or access the App. Each update of this Agreement comes into force as of the moment when it is published as indicated above. You understand and agree that any continued use and access of the App after any updates to this Agreement are made, means that you voluntarily agree to be bound by the updated Agreement.
This Agreement constitutes an agreement between you and YAOW regarding the use of the App, and supersedes any prior agreement between you and us on such subject matter. The parties
acknowledge that no reliance is placed on any representation made but not expressly contained in this Agreement.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
You may not assign or transfer your rights or obligations under this Agreement to any third party.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.