End-User License Agreement (EULA)
IMPORTANT – PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH INSTALLATION : THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND EMFORIA AND SETS OUT THE TERMS AND CONDITIONS FOR DOWNLOADING, INSTALLING AND USE OF EMFORIA’S “NUTRIIA” APPLICATION.
BY DOWNLOADING, INSTALLING, OR USING THE “NUTRIIA” APPLICATION AND BY CLICKING ON THE “AGREE AND PROCEED” BUTTON AS IT SHOWS UP IN THE “NUTRIIA” APPLICATION, YOU AGREE TO BE BOUND BYTHIS AGREEMENT AND YOU CONFIRM THAT YOU ARE DULY AUTHORIZED TO ENTER INTO THIS AGREEMENT.
IF YOU DO NOT AGREE TO TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “AGREE AND PROCEED” BUTTON SHOWING UP IN THE “NUTRIIA” APPLICATION, DO NOT DOWNLOAD, INSTALL OR USE THE “NUTRIIA” APPLICATION.
DEFINED TERMS
For the purpose of this Agreement
“APPLICATION” means the coded symbol or icon, including software comprising it, which may include associated software programs, media, printed materials and “online” or electronic documentation, enabled to appear on your smartphone or tablet through which you can perform the features and functions of the
“NUTRIIA” application.
“EMFORIA” means eMForia Consulting, 1167 route des Rues, 69400 ARNAS – FRANCE.
« YOU » means any natural person who is provided with the APPLICATION for private and individual usage.
The APPLICATION is protected by copyright, trademark and other intellectual property laws and treaties. The APPLICATION is licensed, not sold.
1. GRANT OF LICENSE
EMFORIA grants you the non-exclusive, non-transferable limited right to install and use the APPLICATION on a smartphone or tablet that you own or control. This license does not allow you to use the APPLICATION on any smartphone or tablet that you do not own or control, and you may not distribute or make the APPLICATION available over a network where it could be used by multiple devices at the same time. The terms of the license will govern any updates/upgrades provided by EMFORIA that replace and/or supplement the original APPLICATION, unless such update/upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. DESCRIPTION OF RIGHTS AND LIMITATIONS
You shall not:
a) Remove any proprietary notices on any and all copies of the APPLICATION;
b) Rent, lease, lend, sell or sublicense the APPLICATION;
c) Decompile, reverse engineer, disassemble, modify or create derivative works of the APPLICATION, any updates, or any part thereof or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the APPLICATION, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
d) Distribute registered copies of the APPLICATION to third parties;
e) Deviate from all applicable laws and third party terms, e.g. wireless data service agreement with a Telecom Service Provider, regarding use of the APPLICATION;
If the APPLICATION can be configured through settings EMFORIA provides to you, you are entitled to adjust those settings within the limits EMFORIA allows without violating this Agreement.
The APPLICATION must only be used with compatible equipment. Information about characteristics of such compatible equipment is provided on the platforms from where the APPLICATION can be downloaded.
EMFORIA can make changes to the APPLICATION for whatever reason, at their sole discretion, in particular for technical purposes such as software updates, functional enhancements and software optimization. You agree that EMFORIA can decide to no longer support a given version of the APPLICATION as soon as a more recent update is released.
3. SUPPORT
EMFORIA may provide you with support services related to the APPLICATION. Any updates/upgrades provided to you as part of such support services shall be considered part of the APPLICATION subject to the terms and conditions of this Agreement. You are responsible for backing-up your data, software and applications present on the device on which is installed the APPLICATION before involving the EMFORIA support services. EMFORIA has the right to not offer support service for the APPLICATION or to suspend or discontinue any existing support service for the APPLICATION, at their sole discretion.
For questions regarding the APPLICATION please contact us at: contact@nutriia.fr
4. PROPRIETARY RIGHTS; OWNERSHIP
All rights, title and interest in and to the APPLICATION and any copies thereof are owned exclusively by EMFORIA. The agreement does not grant you any intellectual property rights related to the global APPLICATION or to any of its constitutive components such as and not limited to: the user interface, the graphical, textual and audio elements, the software, algorithms and databases.
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 grants you no rights to use such content. All rights not expressly granted in this Agreement are reserved by EMFORIA.
You acknowledge that in the event of a third party claim alleging that the APPLICATION or your possession or use of the APPLICATION infringes such third party rights, EMFORIA may, at its own discretion, solely investigate, defense, settle and discharge of any such intellectual property infringement claim. You shall promptly notify EMFORIA in writing of such claim after you have received notice of it and give EMFORIA full and sole authority and the co-operation necessary to defend or settle such claim. You will immediately discontinue the use of the respective APPLICATION. If you neglect to discontinue the use of the respective APPLICATION you shall indemnify EMFORIA from any claims and hold EMFORIA harmless from any and all damages that arise from such negligence.
5. TERM; TERMINATION
This Agreement is effective from the date when you download the APPLICATION until it is terminated, according to its terms. You and EMFORIA have the ability to terminate the Agreement at any time and for whatever reason. In the case of EMFORIA decision to terminate the Agreement, the termination will be effective (i) at the time you get notified of such decision or (ii) at the time EMFORIA decides to discontinue the APPLICATION and/or the related support services.
Your rights under this license shall automatically terminate without notice if you fail to comply with any terms of this Agreement. Upon termination of the license you shall cease all use of the APPLICATION, uninstall it from your smartphone or tablet and destroy all copies, full or partial, of the APPLICATION in your possession.
6. NO WARRANTY
EMFORIA does not warrant or assume any responsibility for the accuracy or completeness of information, text, graphics, links or other items that may be contained within the APPLICATION.
YOU EXPRESSLY ACKNOWLEDGE THAT THE USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EMFORIA CREATES A WARRANTY, AND THE APPLICATION IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EMFORIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, SUCH AS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. EMFORIA DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. The laws of some states or provinces do not allow the exclusion of implied warranties so the above limitations may not apply to you. You may have rights which vary from jurisdiction to jurisdiction.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE) SHALL EMFORIA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL COLLATERAL OR PUNITIVE DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE OR MALFUNCTION, DATA LOSS OR LOST PROFITS. THE FOREGOING LIMITATION SHALL APPLY EVEN IF EMFORIA SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR OF ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EMFORIA’S AGGREGRATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICATION, IF ANY.
You agree to hold harmless and defend EMFORIA from any claims, suits or proceedings which arise from anything you do or neglect to do in violation of this Agreement, any agreement, any law, regulation or the order of any court, provided that EMFORIA promptly notifies you in writing of such claim, suit or proceeding.
8. PRIVACY
The APPLICATION cares about your privacy and personal data residing in your smartphone or tablet. When running on your smartphone or tablet, in order to deliver its features, the APPLICATION has to access some personal data located in your smartphone or tablet:
- Navigating inside NUTRIIA for analysis purpose
The APPLICATION does not establish on its own any connection with a remote server and does not transfer nor store any of your personal data outside your smartphone or tablet.
At the installation or first usage time on your smartphone or tablet, the APPLICATION explicitly asks you to grant access to the required personal data. In case you do not grant some or all the requested authorizations, the APPLICATION will not be able to provide some or all of its functionalities.
9. EXPORT
You shall comply with all export and re-export (control) restrictions and regulations. You shall not transfer, facilitate or authorize the transfer of the APPLICATION or underlying information or technology thereof to a prohibited country or otherwise in violation of such restrictions and regulations. By using the APPLICATION you are agreeing to the foregoing and you are representing and warranting that you are not (i) located in, under the control of, or a national or resident of any country or (ii) an entity or person, to which goods are embargoed by the appropriate government agency or export authorities.
10. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the french law. Any claims or disputes arising out of or in connection with this Agreement shall be exclusively settled by the Competent Court of Grenoble (France), unless applicable mandatory laws provide otherwise.
A “claim” or “dispute” means any dispute, action, or other controversy between you and EMFORIA concerning the APPLICATION or this Agreement, whether in contract, warranty, tort or law.
This Agreement describes certain rights. You may have other rights under the laws of your state or country. This Agreement does not change those other rights if the laws of your state or country do not permit to do so.
11. ENTIRE AGREEMENT; AMENDMENT
You acknowledge that this Agreement constitutes the entire agreement between you and EMFORIA pertaining to the subject matter hereof and supersedes in its entirety any and all written or oral agreements previously ensuing between you and EMFORIA with respect to such subject matter. No modification of this Agreement shall be enforceable against EMFORIA unless EMFORIA gives it express approval in writing, signed by an authorized representative of EMFORIA.
12. SEVERABILITY
If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, then the parties hereby instruct such court to amend such provision to the minimum extent necessary to make it valid, legal and enforceable and, in the event such court is unable to do so, such provision shall be severed from this Agreement. In any and all events the remaining provisions of this Agreement shall remain in full force and effect.
13. WAIVER
No delay or failure of EMFORIA to exercise any right or remedy will operate as a waiver of such right or remedy, or of any other right or remedy and will prejudice or restrict its future exercise.
The single or partial exercise of this right or remedy shall not prevent or restrict its subsequent exercise or the exercise of another right or remedy.
14. ASSIGNMENT
You may not assign or transfer your rights or obligations granted in this Agreement by operation of law or otherwise, without the prior written approval of EMFORIA. EMFORIA may assign its rights or obligations to other parties without your approval.
For any question concerning this Agreement, you may contact EMFORIA at contact@nutriia.fr
THIS AGREEMENT APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW.