THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SCAN, INC. ("SCAN") STATING THE TERMS THAT GOVERN YOUR USE OF THE SCAN APPLICATION ("LICENSED APPLICATION"). THIS AGREEMENT, TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF SCAN'S RULES AND POLICIES, COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND SCAN. BY INSTALLING THE LICENSED APPLICATION YOU ARE INDICATING THAT YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT INSTALL OR USE THE APPLICATION. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU. CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND SCAN MAY REFUSE ACCESS TO THE LICENSED APPLICATION FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
The Licensed Application is licensed, not sold, to You for use only under the terms of this license, unless accompanies by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor (Scan) reserves all rights not expressly granted to You.
a. Scope of License: This license granted to You for the Licensed Application by Scan is limited to a non-transferable license to use the Licensed Application on any Android device that You own or control. This license does not allow You to use the Licensed Application on any Android device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of Scan and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Scan that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that Scan may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Scan may use this information to improve its products or to provide services or technologies to You.
c. Termination. The license is effective until terminated by You or Scan. Your rights under this license will terminate automatically without notice from Scan if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third Party Materials. The Licensed Application may enable access to Scan's and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Scan shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Scan is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Scan does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Alerts and/or notification data provided by any Services is for convenience only and you understand that multiple factors including network availability may affect notification data delivery, which is not guaranteed. Neither Scan, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or notification data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Android device are not available in all languages or in all countries. Scan makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Scan, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Scan be liable for the removal of or disabling of access to any such Services. Scan may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SCAN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SCAN DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SCAN OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SCAN BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SCAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Scan's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
j. Copyrights and Trademarks. Except where otherwise specified, the contents of the Licensed Application are copyright (c) 2010-2011 Scan, Inc. All rights reserved.
The contents of the Licensed Application are subject to protection under U.S. and foreign copyright laws. You are not permitted to use the copyrighted content outside of the normal functions of the Licensed Application without the prior written consent of Scan.
The Scan Application uses the zxing project (http://code.google.com/p/zxing/) for 1D/2D barcode image processing. The zxing project is licensed under the Apache License, Version 2.0 (http://www.apache.org/licenses/LICENSE-2.0).
"QR code" is a registered trademark of DENSO WAVE INCORPORATED.
Neither Scan nor the Licensed Application is affiliated with or endorsed by DENSO WAVE INCORPORATED.
All other marks and names mentioned herein may be trademarks of their respective companies.
Please direct any questions or comments to Scan, Inc. in the form of an email ([email protected]).
Last date of modification: September 7, 2013
Personally Identifiable Information. When you register the Licensed Application, you must complete a registration form that requires you to provide Personal Information (including, without limitation, your name and email address).
Announcement Email Information. From time to time we provide information about our products to our customers in the form of email. After successfully registering the Licensed Application, you have the option to opt out of all Announcement Emails from Scan by sending an email to [email protected] and requesting to be removed from Scan's email list (please include your name and username/email address in any such request). Announcement Emails will be emailed directly to the address that you provide when you register.
We may place email links and or forms on our Website to allow you to contact us directly. The Personal Information you provide in these links and forms is used to respond directly to your questions or comments. We may also file your comments to improve our website, products, or process, or review and discard the Personal Information. All information, other than the Personal Information that you send to Scan using these email links or forms, will not be considered or treated as confidential information. Do not send us any information, ideas, suggestions, proposals, or comments that you consider confidential or that you want to be treated as confidential.
Use of Your Personally Identifiable Information. We use Personal Information to respond to your inquiries, improve our marketing and promotional efforts, to analyze Licensed Application and service offers, and to customize our services and Licensed Application(s). We may use Personal Information to deliver information to you and to contact you regarding administrative notices. We may also use Personal Information to resolve disputes and troubleshoot problems.
We may use your Personal Information for both academic and market research. This information, including the data collected from scans, geolocation data, and other log data, may be shared with third parties and analyzed by their staff on their machines. Prior to the sharing of information with third parties, Scan will execute a contract with the third party to govern the usage and control of the data.
We may use additional information not considered Personally Identifiable to analyze and improve troubleshooting techniques and responses, and to improve the value of Licensed Application(s) and services provided by Scan or third parties.
If the email address you provide us is an email address that you access via a wireless device, you understand that your wireless carrier's standard rates apply to these messages, and that you may change your mind at any time and elect to not receive such messages. You also represent that you are the owner or authorized user of the wireless device on which the messages may be received, and that you understand and are authorized to approve the applicable charges.
Reminder Alerts. You may choose to allow the Licensed Application to provide reminder alerts. Should you allow the Licensed Application to provide reminder alerts, you understand and agree that this service may be provided using services operated outside of the Licensed Application, including, but not limited to, systems such as Android's Services. You understand and agree that pertinent data needed for such alerts will be transmitted and temporarily be stored on services operated by Scan, and that at the appropriate time, this alert data will be transmitted via corresponding services, e.g., Android's Services, for delivery to your device or chosen delivery endpoints. At no time is the Personal Information you provide transmitted via the third-party delivery service unless as required by the nature of the delivery mechanism (electronic mail, for example, requires your name and email address for delivery). Should you disagree with the mechanism of this service, you agree to disable and not use reminder alerts as provided in the Licensed Application.
Required Disclosures. Scan may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to prevent injury or property damage. We will usually attempt to notify you when we are making such a disclosure, but we may not do so in an emergency or when we are prohibited by law or court order from giving such notice.
Information Sharing and Third Party Service Partners. Scan does not rent, sell, or share personal information about you with other people or non-affiliated companies without your consent or unless we have a good faith belief that access, use, preservation, or disclosure is reasonably necessary to (a) satisfy any law, regulation, legal process or enforceable governmental request, (b) enforce any applicable Terms of Service (including investigation of potential violations thereof), or (c) detect, prevent or otherwise address fraud, security, or technical issues.
Scan may provide services for the Licensed Application through contractual arrangements with affiliates, service providers, partners and other third parties ("Service Partners"). Scan and its Service Partners use your Personal Information to operate and deliver their products and services. Unless otherwise agreed by you in a separate agreement, Scan's Service Partners may not use your Personal Information to inform you of other products or services available from those Service Providers.
Opt-Out Policy. Scan allows you to opt out of our use of your Personal Information for purposes other than the purpose for which it was provided. This includes, by way of example, marketing and promotional mailings relating to Scan products and services. In some cases, we may ask you to affirmatively indicate your consent to receive marketing and promotional materials. In the case where you decline the consent to receive marketing and promotional materials, we will not send you any additional materials other than those required by our service agreement with you.
Access and Integrity of Stored Personal Information. The Personal Information you provide to Scan during registration of the Licensed Application is shown directly in the Licensed Application's settings. Should you wish to actively delete the Personal Information that you have provided, subject to your understanding that certain deletions may affect our ability to provide the Scan services you have requested, please send us an email to [email protected]
Enforcement. If you have any questions or complaints regarding how your Personal Information is treated under this Policy or generally about the implementation of the principles of this policy, we encourage you to contact [email protected]
Location-Based Services. In order to fully function, the Licensed Application requires precise information about the location of your mobile device. For example, this location information is used to provide a map in the Licensed Application detailing your geographic location when you scanned an item. On first launch, the Licensed Application will request permission to use location data. At any time, you may enable or disable location based tracking by accessing the Settings pane and toggling the checkmark for the option labeled "Use location data". To provide location-based features of the Licensed Application, Scan may collect, use and share precise location data, including the geographic location of your mobile device. If you disallow the Licensed Application's access to such location information, the Application may not be fully functional. We may review the aggregate location data of our customers to improve our services and refine our marketing strategies.
Last date of modification: September 7, 2013