1. Licence, not sale
The software embedded in the StitchSitter device, together with any update, upgrade or replacement supplied by us, and any accompanying documentation (the "Firmware"), is licensed, not sold, to you. RevApple, LLC and its licensors retain all right, title and interest in and to the Firmware, including all intellectual property rights in it.
By using the device, or by installing or accepting any update to the Firmware, you agree to this Agreement.
2. Grant of licence
Subject to your compliance with this Agreement, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Firmware solely in its executable form, solely as embedded in and running on the genuine StitchSitter device on which it was supplied, and solely for your own use of that device for its intended purpose.
3. Restrictions
You shall not, and shall not permit or assist any third party to:
- Copy, reproduce, distribute, publish, transmit, sell, rent, lease, lend, sublicense or otherwise make the Firmware available to any third party, in whole or in part, in any form.
- Extract, dump, read out, image, clone or otherwise obtain a copy of the Firmware from the device or from any update file, other than as expressly permitted by applicable law that cannot be excluded by agreement.
- Install, load, flash or run the Firmware, or any part or derivative of it, on any device other than the genuine StitchSitter device on which it was supplied.
- Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, algorithms, structure or organisation of the Firmware, except and only to the extent that applicable law expressly permits it despite this limitation, and only after you have given us written notice and a reasonable opportunity to provide the information you require.
- Modify, adapt, translate or create any derivative work based on the Firmware.
- Circumvent, disable, remove or otherwise interfere with any security, signature verification, licensing, access control or anti-tamper mechanism in the Firmware or the device.
- Remove, obscure or alter any copyright, trademark or other proprietary notice contained in the Firmware.
- Use the Firmware to develop, manufacture, market or assist any third party in developing, manufacturing or marketing a product that is competitive with, substantially similar to, or a functional replacement for, the device.
4. Updates
We may make updates to the Firmware available from time to time. Updates may add, change or remove features, and may be required for continued correct operation, security or compatibility. This Agreement governs any update unless the update is accompanied by its own licence, in which case that licence governs.
We are under no obligation to provide any update, or to continue to support any particular version of the Firmware or any particular device, for any period.
5. Transfer
You may transfer your rights under this Agreement permanently only as part of a permanent transfer of ownership of the device itself, provided that you retain no copy of the Firmware, and that the recipient agrees to be bound by this Agreement. Any other transfer, assignment or sublicense is void.
6. Open source components
The Firmware includes components supplied by third parties under open source licences. Those components are licensed to you under the terms of their respective licences, and where those terms conflict with this Agreement, the terms of the applicable open source licence govern in respect of that component. Nothing in this Agreement limits any right you have under an applicable open source licence.
7. Termination
This Agreement is effective until terminated. It terminates automatically, without notice, if you breach any of its terms. On termination you must cease all use of the Firmware. Sections concerning ownership, restrictions, disclaimers, limitation of liability and general provisions survive termination.
8. Export and sanctions compliance
You may not use, export or re-export the Firmware or the device except as authorised by the laws of the State of Delaware, United States and of the jurisdiction in which they were obtained. You represent that you are not located in, and are not a national or resident of, any country or on any list of restricted parties to which such export is prohibited under applicable law.
9. Disclaimer and limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FIRMWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND RevApple, LLC DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FIRMWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY ARISING OUT OF OR RELATING TO THE FIRMWARE IS SUBJECT TO THE SAME LIMITATIONS AS ARE SET OUT IN THE LIMITED WARRANTY, AND SHALL NOT EXCEED THE PURCHASE PRICE ACTUALLY PAID FOR THE DEVICE.
10. Governing law
This Agreement is governed by the laws of the State of Delaware, United States, without regard to its conflict of laws provisions.