IMPORTANT DISCLAIMER REGARDING ALL SNIFF LOGIC PRODUCTS AND SERVICES
Sniff Logic LTD products and services are not for medical use. Sniff Logic products are intended to be used for research applications, assisted communication, and personal use only. Our products are not sold as Medical Devices as defined in EU directive 93/42/EEC. Our products are not designed or intended to be used for diagnosis or treatment of disease.
SNIFF LOGIC LTD END USER LICENSE AGREEMENT (EULA)
Updates: January 1 2023
PLEASE REVIEW THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS EULA IS A BINDING LEGAL AGREEMENT BETWEEN SNIFF LOGIC LTD AND YOU AND/OR THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, “YOU“) REGARDING ANY SNIFF LOGIC HARDWARE (INCLUDING BUT NOT LIMITED TO SNIFF CONTROLLER BASIC, SNIFF CONTROLLER AIR, NASAL HOLTER, SCIENCE BRICK), AND SNIFF LOGIC SOFTWARE THAT YOU ARE INSTALLING, DOWNLOADING, COPYING, ACCESSING OR USING (INCLUDING ANY FUTURE UPDATES, UPGRADES OR VERSIONS OF THE SOFTWARE), WHETHER AS DESKTOP SOFTWARE OR MOBILE APPLICATION (COLLECTIVELY, THE “SOFTWARE“), AND ANY ASSOCIATED SNIFF LOGIC LTD SERVICES AND ACCOMPANYING DOCUMENTS, INFORMATION, MANUALS OR OTHER RELATED MATERIALS PROVIDED BY SNIFF LOGIC LTD.
THE HARDWARE SOFTWARE AND SERVICES ARE FOR INFORMATION AND ASSISTED COMMUNICATION PURPOSES ONLY AND ARE NOT INTENDED TO BE USED FOR ANY OTHER PURPOSE, AND SPECIFICALLY NOT MEDICAL OR DIAGNOSTIC-RELATED PURPOSES.
EULA TERMS
BY PURCHASING SNIFF LOGIC HARDWARE AND/OR BY INSTALLING, DOWNLOADING, COPYING, ACCESSING OR USING THE SOFTWARE, OR OTHERWISE ACCEPTING THIS EULA, OR ‘CLICKING’ ACCEPT (IF APPLICABLE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT UNDERSTAND OR AGREE, YOU MUST NOT INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE SOFTWARE AND HARDWARE.
LICENSE GRANT AND RESTRICTIONS.
1.1 License Grant. Sniff Logic LTD grants you a limited, personal, non-transferable, non-sub-licensable, and non-exclusive license to install and use the Software for your information, communication needs, and non-commercial use as part of the product or hardware supplied by or on behalf of Sniff Logic LTD in which the Software is contained or for which it is provided, together with any applicable Sniff Logic LTD Services (the “License”).
1.2 Restrictions Including User-Generated Content.
(a) With respect to the Software and Sniff Logic LTD Services, you will not (and will not allow any third party to): (a) exceed the scope and purpose of the License grant above; (b) remove or alter any copyright notice or any other notices, (c) modify or create derivative works; (d) reverse engineer or attempt to discover any source code or underlying ideas or algorithms; (d) provide, lease, lend, sublicense, use for timesharing or otherwise use or allow the use of it for the benefit of any third party (including minors, if applicable) unless you take full responsibility for ensuring that its use by anyone else will comply with the terms of this EULA; or (e) use, or allow the use, transfer, transmission, export, or re-export of it or portion thereof in violation of any export control laws or regulations, or in violation of any laws or regulations.
(b) For the purposes of this EULA, “User Generated Content” means any text, feedback, ideas, suggestions, documents, proposals, photographs or other data and information you or anyone acting on your behalf submits to Sniff Logic LTD including, without limitation, through online and mobile services made available by or on behalf of Sniff Logic LTD from time to time including, but not limited to, certain websites, widgets, computer programs, platforms, and mobile applications (collectively, the “Sniff Logic LTD Services”). You represent that your User Generated Content: (a) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, or rights of privacy; (b) will not violate any law, statute, ordinance or regulation; (c) will not be obscene or contain child pornography; and (d) will not be defamatory, unlawfully threatening or harassing, harmful to minors or others in any way, or otherwise offensive or inappropriate.
(c) You agree to indemnify, hold harmless and defend Sniff Logic LTD and its licensors from and against any claims or suits, including attorneys’ fees and expenses, which arise or result from any breach of this EULA by you or by another who has access to or use of the Software and/or Hardware, Sniff Logic LTD Services or User Generated Content through you.
1.3 License Grant – Personally Identifiable User Generated Data. For the purposes of this EULA, “Personally Identifiable User Generated Data” means User Generated Content that identifies you and is considered personal information in accordance with applicable privacy and data protection laws. For clarity, Personally Identifiable User Generated Data does not include de-identified and/or aggregated information. You own your Personally Identifiable User Generated Data; Sniff Logic LTD can’t use it without your consent. You grant to Sniff Logic LTD a revocable, non-exclusive, worldwide, royalty-free license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use Personally Identifiable User Generated Data in any manner and at any time only so far as required to deliver to you Software, Sniff Logic LTD products and Sniff Logic LTD Services. You waive any rights of publicity, moral or other similar such right with respect to Personally Identifiable User Generated Data while used in accordance with the preceding sentence.
1.4 License Grant – Non-Personally Identifiable User Generated Data. For the purposes of this EULA, “Non-Personally Identifiable User Generated Data” means all User Generated Content except for Personally Identifiable User Generated Data. You grant to Sniff Logic LTD a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit Non-Personally Identifiable User Generated Data in any manner and at any time. You waive any rights of publicity, moral or other similar such right with respect to the Non-Personally Identifiable User Generated Data that might require your permission for Sniff Logic LTD to use such Non-Personally Identifiable User Generated Data.
1.5 Intellectual Property. The Software and Sniff Logic LTD Services and Hardware are protected by copyright laws, international copyright, patents, trademarks, trade secrets and other intellectual property rights. As between you and Sniff Logic LTD, Sniff Logic LTD retains all right, title, interest, ownership and intellectual property rights in and to the Software, Hardware, and Sniff Logic LTD Services. The License confers no title or ownership in the Software or Sniff Logic LTD Services and is not a sale of any rights in the Software or Sniff Logic LTD Services. The License does not grant you any right to any enhancement or update to the Software and Sniff Logic LTD Services. Sniff Logic LTD reserves any and all rights not expressly granted to you. The Software and/or Sniff Logic LTD Services may incorporate third party intellectual property or open source code.
1.6 Permitted Age. You must be 18 years or older to accept this agreement. Also, you represent and warrant that: a) you are of legal age to form a binding contract with Sniff Logic LTD, and b) are not barred from accessing the Software or Sniff Logic LTD Services under the laws of the country in which you reside or from where you download, install, copy, access or use the Software or Sniff Logic LTD Services. By accepting this EULA you represent that you understand and agree to the foregoing.
1.7 For Communication and Information Purposes Only. Content generated or found through Sniff Logic LTD Services, Software or Sniff Logic LTD products is for assisted communication and informational purposes only, and is not intended to replace the relationship between you and your physician, healthcare provider or other professional you are working with (collectively, “Professional”). Sniff Logic LTD’s hardware (including but not limited to the Sniff Controller Basic, Sniff Controller Air, Nasal Holter, and Science Brick) are not medical devices and Sniff Logic LTD is not a licensed medical or healthcare provider and has no expertise in diagnosing, examining, or treating medical conditions of any kind. Further, you understand that any information generated from Sniff Logic LTD Services, Software or Sniff Logic LTD products is not medical information and you will ensure that medical information or other personal health information is not uploaded to Sniff Logic LTD Services or Software or Sniff Logic LTD products. You assume all liability for any medical or health information that is created or stored or uploaded on Sniff Logic LTD Services, Software or Sniff Logic LTD products, and you agree to fully indemnify and hold Sniff Logic LTD harmless from any liability, expense, suit, action or claim (including regulatory proceedings) related to your breach of this EULA including without limitation, any liability, expense, suit, action or claim that arises through your use of Sniff Logic LTD Services, Software or Sniff Logic LTD products.
1.8 Physical Symptoms. In rare cases, people can experience discomfort from interacting with a display on a mobile or stationary device. People can also experience discomfort from modifying their own respiratory patterns. If you have experienced such discomfort in the past, you should consult with your doctor before using any Sniff Logic service or device. If you experience such discomfort while using any Sniff Logic service, you should immediately discontinue use, and consult with your doctor before resuming use.
1.9 If you wish to share the information generated through the Software and/or Sniff Logic LTD Services with a third party, you are solely responsible for their management of your data.
2. TERMINATION. This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Software and destroying all copies of the Software in your possession or control and ceasing to use all associated Sniff Logic LTD Services. Sniff Logic LTD may terminate this EULA immediately upon notice to you for any or no reason. The EULA will terminate immediately without notice from Sniff Logic LTD if you fail to comply with any provision of this EULA (including breach for nonpayment, if applicable). Upon termination of this EULA, you agree to immediately uninstall the Software and destroy all copies of the Software and cease using all associated Sniff Logic LTD Services.
3. LIMITED WARRANTIES BY Sniff Logic LTD.
3.1 Statutory Protections. THE APPLICABLE LAWS OF SOME COUNTRIES MAY NOT ALLOW THE EXCLUSION OF IMPLIED GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS AND/OR THE LIMITATION OR EXCLUSION OF LIABILITY EITHER IN CONTRACTS OR IF YOU ARE A CONSUMER, AND AS SUCH, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU, IN WHICH CASE THIS AGREEMENT DOES NOT AFFECT YOUR STATUTORY RIGHTS.
3.2 Limited Warranty. SNIFF LOGIC LTD DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. THE SOFTWARE AND SNIFF LOGIC LTD SERVICES ARE PROVIDED “AS IS” AND SNIFF LOGIC LTD DISCLAIMS ALL GUARANTEES, ASSURANCES, CONDITIONS, WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND SNIFF LOGIC LTD SERVICES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
3.3 Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN LIABILITY FOR DEATH OR BODILY INJURY RESULTING FROM SNIFF LOGIC LTD’S GROSS NEGLIGENCE, SNIFF LOGIC LTD, ITS SERVICE PROVIDERS AND ITS LICENSORS SHALL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CLAIMS ARISING FROM OR RELATED TO: (a) THE INSTALLATION, DOWNLOAD, COPYING, ACCESS TO OR USE OF THE SOFTWARE OR THE ACCESS TO OR USE OF ANY SNIFF LOGIC LTD SERVICE(S); OR (b) THE INABILITY TO USE OR THE NON-PERFORMANCE OF THE SOFTWARE OR ANY SNIFF LOGIC LTD SERVICE(S), IN ALL CASES WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, EVEN IF SNIFF LOGIC LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SNIFF LOGIC LTD, ITS LICENSORS AND SERVICE PROVIDERS EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE, OR HARDWARE, OR THE APPLICABLE SNIFF LOGIC LTD SERVICE, IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM UNDER THIS EULA.
3.4 Basis of the Bargain; Exclusions. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and Sniff Logic LTD. You understand and agree that Sniff Logic LTD would not be able to economically or reasonably provide the Software or the Sniff Logic LTD Services to you without these limitations.
4. GENERAL.
4.1 Governing Law. Unless stated otherwise below, this EULA will be governed and construed in accordance with the laws of the state of Israel and in the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of Tel Aviv, Israel. The United Nations Convention on Contracts of the International Sale of Goods is expressly excluded.
4.2 Privacy Policy. You acknowledge and agree that you have read the Sniff Logic LTD Privacy Policy located at http://www.snifflogic.com/privacy (or otherwise made available to you through Sniff Logic LTD Services) and consent to the handling and processing of your data as described in the Sniff Logic LTD Privacy Policy.
4.3 Language. If this EULA is translated in a language other than English, to the extent of any conflict between the English version and the translated version, the English version will prevail.
4.4 Changes to EULA. Sniff Logic LTD may change the terms and conditions of this EULA at any time and recommends that you review them on a regular basis. You can review the most current version of this EULA at: http://www.snifflogic.com/eula or through the Sniff Logic LTD Services. If Sniff Logic LTD makes a change to the terms, it will post the revised version at the link above. You agree that your continued use of the Software after this EULA has been changed means that you have agreed to the changed terms.
4.5 Accounts and User Conduct. If Sniff Logic LTD determines that any user is not using the Software or Sniff Logic LTD Services responsibly, Sniff Logic LTD has the right (but not the obligation) to remove, edit block or delete such user’s transmissions, User Generated Content, or use of the Software and/or Sniff Logic LTD Services. If Sniff Logic LTD, in its sole discretion, believes that the user has engaged in or facilitated practices that: (i) are in breach of this EULA, (ii) are offensive, illegal or violate the rights of others or Sniff Logic LTD, (iii) violate any terms of use or guidelines established by Sniff Logic LTD, or (iv) could result in liability for Sniff Logic LTD, then Sniff Logic LTD has the right (but not the obligation), without notice, to terminate the user’s access to and/or use of all or a portion of the Software and/or Sniff Logic LTD Services, or delete information posted or stored to the Software and/or Sniff Logic LTD Services. If Sniff Logic LTD suspects that any registration data provided is inaccurate or incomplete, Sniff Logic LTD may suspend or terminate the account without notice.
4.6 Entire Agreement; Amendment. This EULA is the entire agreement with respect to the Software and Sniff Logic LTD Services and supersedes any other agreements or discussions, oral or written.
4.7 Interpretation. If any provision, clause or term of this EULA is determined by a court of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of that provision, clause or term will not affect the validity or enforceability of the remaining provisions, clauses and terms or the validity or enforceability of that provision, clause or term in any other jurisdiction. If any provision of this EULA is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provisions shall be severed from the EULA for the purposes of that jurisdiction and the other provisions shall remain in full force and effect. No waiver by either party of a breach or omission by the other party to this EULA will be binding on the waiving party unless it is expressly made in writing by the waiving party.
4.8 Survival. The provisions of this EULA that under a commercially reasonable interpretation reveal that the parties would have such provisions survive the termination of this EULA, including without limitation, Sections 1.2, 1.3, 1.4, 1.5, 1.7, 1.8, 1.9, 2, 3, and 4 will survive the termination of this EULA.
4.9 Sniff Logic LTD may note in some cases that its services are designed to work with products from Apple Inc., such as “iPhone” or “iPad”, which are trademarks of Apple Inc. Apple is not responsible for the operation of these Sniff Logic LTD services or their compliance with safety and regulatory standards. All other trademarks and trade names are the property of their respective owners and other company and product names mentioned herein may be trademarks of their respective companies.
4.10 If you wish to request customer support from Sniff Logic LTD for the Software or a Sniff Logic LTD Service, or if you wish to provide Feedback about the Software or Sniff Logic LTD Services to Sniff Logic LTD, you may do so by contacting Sniff Logic LTD at http://www.snifflogic.com/contact or at Sniff Logic LTD, 11 Nechama street, Tel Aviv, 6811540, ISRAEL.