EULA

EasySmart Phone end user license agreement

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE EasySmart Phone APPLICATION.

This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity, “you”) and EveryWare Technologies s.r.l. (“EveryWare”, “We”, “Our”) for the use of the EasySmart Phone application which may include networking services, associated software components, media, and “online” or electronic documentation (collectively,  the “APPLICATION”). By installing, copying, or otherwise using the APPLICATION, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the APPLICATION between you and EveryWare, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or cease immediately to use the APPLICATION.

1. OWNERSHIP, GRANT OF LICENSE.

The APPLICATION is licensed to you, not sold. EveryWare and its licensors own and retain all proprietary rights in the APPLICATION.  Subject to the terms and conditions of this EULA, EveryWare grants you a terminable, nonexclusive, nontransferable, non-sublicenseable license to use, perform, and display the APPLICATION on your device. As set forth below, the APPLICATION is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(a) Maintenance of Copyright Notices.

You must not remove or alter any copyright notices on the APPLICATION.

(b) Distribution.

You may not distribute the APPLICATION to third parties.

(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.

You may not reverse engineer, decompile, or disassemble the APPLICATION.

(d) Support Services.

EveryWare may provide you with support services related to the APPLICATION (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the APPLICATION and subject to the terms and conditions of this EULA.

(e) Compliance with Applicable Laws.

You must comply with all applicable laws regarding use of the APPLICATION.

3.  IMPORTANT DISCLAIMER.

The APPLICATION should not be used or relied on as an emergency locator or medical system, or in any task whose failure may lead to any kind of damage; it should not be used while operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance or any other application in which the failure or inaccuracy of the application could lead to personal injury, death, or severe physical or property damage. It is not intended for business use. You acknowledge that EveryWare is offering this APPLICATION in reliance upon the warranty disclaimers and limitations of liability set forth below and accepted by you.

4. PROHIBITED ACTIVITIES. You agree not to use the APPLICATION in any manner that can violate the law.

5. THIRD PARTY CONTENT. Content from other users, advertisers, and other third parties may be made available to you through the APPLICATION. Because we do not control such Content, (a) you agree that we are not responsible for any such Content and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other users, advertisers, and other third parties.

6. PRIVACY POLICY. Our use and disclosure of information provided to us by you through your use of the APPLICATION is governed by our privacy policy (the “Privacy Policy”), which is incorporated in this EULA by reference. By using the APPLICATION you acknowledge that you have read and accepted the Privacy Policy. Before using the APPLICATION, please carefully read the Privacy Policy. The Privacy Policy can be found at the web site everywaretechnologies.com/easysmart. The Privacy Policy can be updated by EveryWare, for any reason, in its discretion. Your continued use of the APPLICATION after the posting of any modifications is equivalent to your acceptance of such modifications.

7. TERMINATION AND MODIFICATION OF THIS AGREEMENT

Without prejudice to any other rights, EveryWare may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the APPLICATION in your possession. EveryWare reserves the right at its discretion, to change, modify, add, or remove portions of this EULA at any time. You should check this agreement periodically for changes.Your continued use of the APPLICATION after the posting of any modifications is equivalent to your acceptance of such modifications.

8. COPYRIGHT

All title, including but not limited to copyrights, in and to the APPLICATION and any copies thereof are owned by EveryWare or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the APPLICATION is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by EveryWare.

9. NO WARRANTIES

EveryWare expressly disclaims any warranty for the APPLICATION. The APPLICATION is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. EveryWare does not warrant or assume responsibility for any service interruption and for the accuracy or completeness of any information, text, graphics, links or other items provided by or contained within the APPLICATION. EveryWare makes no warranties respecting any harm that may be caused by the transmission of a device virus or other such device program. EveryWare further expressly disclaims any warranty or representation to Authorized Users or to any third party.

10. LIMITATION OF LIABILITY

In no event shall EveryWare be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of  ‘Authorized Users’ use of or inability to use the APPLICATION, even if EveryWare has been advised of the possibility of such damages. In no event will EveryWare be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. EveryWare shall have no liability with respect to the content of the APPLICATION or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

Exhibit A

Although delivered by EveryWare Technologies, the Application uses maps provided by Google. Such maps and information by Google are provided to you under the Google Maps/Google Earth APIs Terms of Service, which are hereby incorporated into this agreement by this reference: Google Maps/Google Earth APIs Terms of Service – http://code.google.com/apis/maps/terms.html

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