AirCaption

AIRCAPTION SOFTWARE LICENSE TERMS OF USE

These license terms are an agreement between you and AirCaption. They apply to the software named above. The terms also apply to any AirCaption services or updates for the software, except to the extent those have different terms.

IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.
1. INSTALLATION AND USE RIGHTS. You may use any number of copies of the software to generate and edit captions.
2. DATA COLLECTION. The software may collect information about you and your use of the software, and send that to AirCaption. AirCaption may use this information to provide services and improve our products and services. Your use of the software operates as your consent to these practices.
3. UPDATES. The software may periodically check for updates and download and install them for you. You may obtain updates only from AirCaption or authorized sources. AirCaption may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.
4. FEEDBACK. If you give feedback about the software to AirCaption, you give to AirCaption, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You will not give feedback that is subject to a license that requires AirCaption to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
5. SCOPE OF LICENSE. This license applies to the AirCaption product. The software is licensed, not sold. This agreement only gives you some rights to use the software. AirCaption reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software except and solely to the extent required by third party licensing terms governing use of certain open source components that may be included in the software; remove, minimize, block or modify any notices of AirCaption or its suppliers in the software; use the software in any way that is against the law; share, publish, rent or lease the software, or provide the software as a stand-alone offering for others to use.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end-users, and end use.
9. APPLICABLE LAW. If you acquired the software in the United States, Washington law applies to interpretation of and claims for breach of this agreement, and the laws of the state where you live apply to all other claims. If you acquired the software in any other country, its laws apply.
10. CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state or country. Separate and apart from your relationship with AirCaption, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:

Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
Germany and Austria. Warranty. The properly licensed software will perform substantially as described in any AirCaption materials that accompany the software. However, AirCaption gives no contractual guarantee in relation to the licensed software. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, AirCaption is liable according to the statutory law. Subject to the foregoing clause (ii), AirCaption will only be liable for slight negligence if AirCaption is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called"cardinal obligations"). In other cases of slight negligence, AirCaption will not be liable for slight negligence.

11. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. AirCaption gives no express warranties, guarantees or conditions. To the extent permitted under your local laws, AirCaption excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
12. LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from AirCaption and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to (a) anything related to the software, services, content on third party Internet sites, or third party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if AirCaption knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.