END USER LICENSE AGREEMENT 1. Limited License 1.1 Subject to the terms of this Agreement, innovation.rocks hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to download, install and use the Application on your mobile device. 1.2 The Application is intended for use as a multimedia-tool providing you with information about purchased products only. The Application and documentation shall not be used for any other purpose. 2. Restrictions Your license to use the Application is subject to the following restrictions: 2.1 innovation.rocks, the Partner and any third party licensors hereby retain all right, title and interest in and to the Application, including without limitation all copy rights, patent rights, trademark rights and all other intellectual property rights there in or related there to (the “Intellectual Property Rights”). This Agreement does not convey or otherwise provide to you title or any ownership rights or interests in or to any Intellectual Property Rights of innovation.rocks, the Partner or any third party licensors or any of their affiliates, including but not limited to (i) those incorporated in the Application or any component of the Application, or (ii) patents, patent applications, works of authorship, trade secrets, knowhow, ideas, or any other subject matter protectable under Intellectual Property Rights laws of any jurisdiction of innovation.rocks or the Partner. innovation.rocks, the Partner and any third party licensors are the sole and exclusive owners of and retain all right, title and interest in and to the Application, including all Intellectual Property Rights in each of the foregoing. Neither the delivery of any software nor any provision of the Agreement (including, without limitation, the rights and licenses granted by innovation.rocks to you) shall be deemed or construed to grant to you either expressly, by implication, by way of estoppel, or otherwise any right, license, or authority to infringe or immunity from infringement liability under (i) any of innovation.rocks’s, the Partner’s or its affiliates’ patents, including, without limitation, any patents covering or relating to the Application, or (ii) any other Intellectual Property Rights of innovation.rocks, the Partner or its affiliates covering or relating to any product or invention other than the Application and any combination of any software with any other product or invention. Any rights not expressly granted to you herein are hereby reserved by innovation.rocks or the Partner. The foregoing limitations shall in no way be deemed a derogation of the express rights granted by innovation.rocks in Section 2 hereof. 2.2 You shall not engage in any act or failure to act, that enables, causes or facilitates any use or distribution of the Application in a manner that causes any patents, copyrights or other Intellectual Property Rights owned or controlled by innovation.rocks, the Partner or any of its affiliates to become subject to any encumbrance or terms and conditions of any Open Source License. The rights granted by innovation.rocks in Section 2 hereof are conditioned upon your full compliance with the foregoing sentence. As used herein, “Open Source License” means any agreement that requires, as a condi-tion of use, modification and/or distribution of any software or other software incorporated into, derived from or distributed with such software (each a “work”), that complies with the Following criteria: (i) the making available of source code, object code or design infor-mation regarding a work; (ii) the granting of any permission or other right for creating mod-ifications to or derivative works regarding a work; (iii) the granting of any royalty free li-cense rights to any party under any patents or other Intellectual Property Rights regarding a work. By means of example and without limitation, “Open Source License” includes the following licenses and/or distribution models: (i) the GNU General Public License, (ii) the GNU Lesser General Public License, (iii) the Mozilla Public License or (iv) any other open source, free software or community licenses (such as, without limitation, those listed on http://www.opensource.org/licenses/alphabetical). 3.3 You will not: (i) reverse engineer, disassemble, decompile, or translate the Application, or otherwise attempt to derive the source Application, except if and only to the extent ex-pressly permitted by applicable law; (ii) use the Application or any part of the Application, the documentation or your knowledge of the Application to create a product with the same or substantially the same functionalities as the Application, to create or develop any de-veloper tools (including without limitation plug ins and middleware) or any software other than augmented reality derivative Works; (iii) transfer or assign this Agreement or any of the rights, duties or obligations hereunder; (iv) except as expressly permitted hereby, rent, lease, loan or otherwise in any manner provide or distribute the Application and/or docu-mentation or any copy of thereof to any third party. 3. Updates and upgrades and support service 3.1 Under this Agreement, innovation.rocks is not liable to provide you with any updates, up-grades and/or support service regarding the Application. 4. Services 4.1 The Application may enable access to innovation.rockss’ and/or the Partners’ and/or third party services and websites (collectively or individually, the “Services”). Use of the Ser-vices requires (i) auto-fokus-camera-enabled mobile device, (ii) either iOS or Android as an operating system and (iii) Internet access, and may require you to accept additional terms of service. 4.2 Neither innovation.rocks nor the Partner is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, or quality of any content, data, information, or materials provided by any third party in the use of the Services. Neither innovation.rocks nor the Partner do warrant or endorse and do not assume and will not have any liability or responsibility to your or another person for any party services of innovation.rocks, the Partner and/or third parties. 4.3 innovation.rocks and the Partner reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will innovation.rocks and/or the Partner be liable for the removal or disabling of access to any such services. innovation.rocks and/or the Partner may impose limits on the use of or access to certain services without notice or liability. 5. Consent to data use 5.1 You agree that innovation.rocks and/or the Partner may collect, use and disclose information, including but not limited to technical information about your device (including a device identifier, device type, random identifier, and the internet protocol address of your device), system, and Application, in accordance with applicable laws, especially data privacy laws. 6. Ownership, authority 6.1 You agree that you will not challenge any aspect of the rights of innovation.rocks and/or the Partner in the Application. 6.2 The Application is protected by copyright, patent and other intellectual property laws and by international treaties. Title and related rights in any content including still images, video or audio interacting with the Application is the property of the applicable image or audio owner and may be protected by applicable law. The license granted under this Agreement gives you no rights to such content including still images, video or audio. 7. Termination 7.1 If you fail to comply with the terms of this Agreement, the license automatically terminates, whether any contracting party communicates this fact to you or not. 7.2 innovation.rocks may terminate this Agreement by informal proper notice of termination at any time without observance of any date or time limit. 7.3 Upon termination of this Agreement, you must immediately destroy or uninstall all copies of the Application you possess and confirm having done this to innovation.rocks in written form; any further the Partner use of the Application will violate the intellectual property rights of innovation.rocks and/or and such use will be subject to penalties. 8. Warranty 8.1 innovation.rocks warrants that, at the time of delivery, the Application is free from material defects. Material defects are deviations from the product specification, including in the ac-companying documentation, where such deviations significantly impair the value of the Application or its fitness for ordinary use as described in the documentation. 8.2 You shall immediately notify innovation.rocks in writing of any material defect that may occur, specifying how the material defect manifests itself, what effect it has, under what circum-stances it occurs, and how it is to be classified from your point of view; otherwise innovation.rocks shall not be liable for the material defect. 8.3 Provided that innovation.rocks, having received notification of the material defect, has estab-lished that a material defect actually exists, it will try to remedy such material defect (sub-sequent improvement or subsequent delivery). innovation.rocks is entitled to bypass any ma-terial defect that may arise with an interim solution if the material defect itself can only be remedied at unreasonable expense, and if the run time and response time of the Applica-tion are not seriously impaired as a result of the interim solution. If any notified material defect cannot be ascribed to innovation.rocks, then you shall com-pensate innovation.rocks for the time spent, as well as for the accrued costs (in particular travel expenses), in each case at the applicable rate. 8.4 Warranty claims and claims under guarantee you might have are statute barred within a period of six months following the delivery of the Application, unless the corresponding de-fect has been maliciously concealed. Moreover, any Warranty claims and claims under guarantee you might have are limited with an amount of EUR 50,-- (Euro fifty). 9. Overall Liability 9.1 innovation.rocks shall only be liable for damage caused (i) intentionally or by gross negligence, (ii) if a defect has been maliciously concealed, (iii) if a specific condition has been guaranteed, (iv) for damages based on the Product Liability Act, (v) for physical injuries, (vi) for compliance with which is of particular importance in order to achieve the purpose of the Agreement (major obligation) and (vii) if the damage caused hereby is both typical and foreseeable based on the contractually agreed use of the Application. 9.2 In the event of initial impossibility of performance innovation.rocks shall be liable only if it had knowledge of the impediment to performance, or if its lack of knowledge is due to gross negligence. 9.3 innovation.rocks is only liable for the recovery of data provided that you have, appropriate to the level of risk, made regular backup copies, and ensured that the data from such backup copies can be reconstructed at reasonable expense. Any further liability for loss of data is excluded. 9.4 The above regulations shall also apply in favor of the employees and vicarious agents of innovation.rocks. 9.5 In the event of any failure of the Application to conform to any applicable warranty, you may wish to contact the retailer from whom you obtained such Application to determine such Application to determine such retailer’s applicable refund policy, if any. To the maximum extent permitted by applicable law, such retailer will have no other war-ranty obligation whatsoever with respect to the Application. Except as expressly set forth herein, such retailer will be responsible for no other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warrant. Nothing herein creates or imposes any obligations on such retailer, or implies that such re-tailer has any obligations, with respect to the Application. For clarity, unless such retailer has expressly agreed otherwise, such retailer shall not be responsible for addressing any claims relating to the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory re-quirement; and (iii) claims arising under consumer protection law or similar legislation. 9.6 Section 9 and Section 10 hereof state the entire liability of innovation.rocks. In no event shall innovation.rocks be liable for any direct or indirect damage other than those stated in this Section 9 and Section 10 hereof. 10. Waiver 10.1 On the part of innovation.rocks, neither any failure to exercise, nor any delay in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further exercise thereof or the exercise of any other right or remedy. The waiver by innovation.rocks of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term of the Agreement. 11. Indemnity for infringement 11.1 You agree to indemnify and hold innovation.rocks and the Partner, its subsidiaries and affili-ates and each of their respective officers, directors and employees harmless from and against any and all claims, demands, causes of action, losses, liabilities, damages, costs and expenses, incurred or otherwise suffered by innovation.rocks or the Partner (including but not limited to costs of defense, investigation and reasonable attorney’s fees) arising out of, resulting from or in connection with (i) any download, installation or use of the Ap-plication, related content or materials, which causes an infringement of any patent, copy-right, trademark, trade secret, or other Intellectual Property, publicity or privacy right of any third parties arising in any jurisdiction anywhere in the world, and (ii) any breach of this Agreement by you. 11.2 If and as requested by innovation.rocks, you agree to defend innovation.rocks in connection with any third party claims, demands, or causes of action resulting from, arising out of or in connection with any proceedings described in Section 12.1 hereof. 12. Audit rights 12.1 Upon written request of innovation.rocks, you shall, within a period of fourteen days following receipt of the request, supply innovation.rocks in writing with all requested information on the type and extent of use of the Application by you at the time, which is necessary to exam-ine whether such use complies with the provisions of the Agreement. 12.2 During the term of the Agreement, innovation.rocks is entitled, at its own expense, to have a member of the tax advising or business consulting professions who is sworn to profes-sional secrecy, or any other independent expert, verify whether there has been compli-ance with the provisions of the Agreement. The auditor must be granted access to inspect all documents and files deemed definitive for calculating the extent of use of the Applica-tion. If such verification reveals any inaccuracies, then the audit fees shall be borne by you, otherwise they will be borne by innovation.rocks. 13. Reservation rights 13.1 innovation.rocks and the Partner reserve all rights in the Application, including patent, copy-right and trade secret rights not expressly granted above. 13.2 Nothing contained in this Agreement shall be construed as conferring by implication, es-toppel or otherwise, any license or other right under the Application or any patent rights, or other industrial or intellectual property rights except for the limited Application license ex-pressly granted herein. 13.3 For the avoidance of doubt, the limited Application license does not authorize you to grant any license or sublicense concerning the Application or any patents or other intellectual property rights. innovation.rocks and the Partner do not provide you with the right to incorpo-rate or combine the Application with or into any products or services. 14. Confidentiality 14.1 The Application contains secret knowledge pertinent to innovation.rocks and the Partner. You will undertake to protect from disclosure to any third party the Application and its un-derlying software, including all accompanying documentation, any backup copies made, and all other information of innovation.rocks or the Partner identified or marked as confidential and which is made accessible to the customer within the context of this contractual re-lationship. This includes, in particular, all information made accessible which goes beyond the outward appearance of the Application and the mere list of its range of functions, as well as the methods and processes used by innovation.rocks or the Partner. 14.2 The obligation of secrecy described in Section 15.1 hereof shall not apply to confidential information which (i) was already publicly known at the time of disclosure, or became pub-lic knowledge thereafter (and where non-compliance with the above provisions was not a contributory factor), (ii) is expressly revealed by innovation.rocks or the Partner on a non-confidential basis, (iii) was already in the lawful possession of you prior to the disclosure, or (iv) is subsequently revealed to the customer by a third party without contravening an obligation of secrecy. The burden of proof for the existence of any of the above exceptions shall be borne by you. 15. Third party software 15.1 The Application may use or be integrated by third party software, which requires additional terms and conditions. Such third party software underlies additional terms and conditions, which are enlisted in detail on the Website of the Partner under Metio.com/fileadmin/upload/documents/licenses/License_Metaio_SDK_Final_05-13_Final.pdf, are part of and incorporated into this Agreement. By accepting this Agree-ment, you also accept the aforementioned additional terms and conditions. 15.2 Neither innovation.rocks, nor the Partner will warrant, indemnify or otherwise be held liable for any third party software. 16. Governing Law and Jurisdiction 16.1 This Agreement shall be governed by and construed in accordance with Austrian law, to the exclusion of the conflict of law rules of Austrian international private law and the United Nations Convention on Contracts for the International Sale of Goods. 16.2 If you are not a consumer (with residence in Austria) within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz - KSchG), any dispute arising out of or in connection with this Agreement, including disputes on the valid conclusion of this Agreement shall be exclusively submitted to the District Court for Commercial Matters of Vienna; at the option of innovation.rocks, you can be sued at the place of your general juris-diction. For actions against consumers under the Austrian Consumer Protection Act, who are res-ident or ordinarily resident in Austria or are employed in Austria, the place of jurisdiction is the area where the consumer has his residence, habitual residence or place of employ-ment. 17. Miscellaneous 17.1 If any term hereof is or becomes invalid or unenforceable, this shall not affect the validity or enforceability of the remaining terms hereof. In this event, the parties shall endeavor to replace the invalid or unenforceable term by a valid and enforceable term that closest re-flects the purpose of the term to be replaced. The same applies by analogy to any modifi-cation to this Agreement to fill gaps hereof. 17.2 Nothing in this Agreement, express or implied, is intended to or shall confer on any person (other than the parties and their respective successors or permitted assigns as well as the Partner) any rights, remedies, obligations or liabilities. Notwithstanding the previous sen-tence, you agree that the retailer through which you have obtained the Application is a third-party beneficiary under this Agreement, and, upon your acceptance of this Agree-ment, such retailer will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary hereof. Notwithstanding the immediate preceding sentence, your right to enter into, rescind or terminate any varia-tion, waiver or settlement under this Agreement is not subject to the consent of any third party. 17.3 Any modification or amendment to this Agreement must be made in writing to become effective. Verbal ancillary agreements are deemed not to exist. 17.4 Notices shall be sent by registered, pre-paid mail with return receipt to the address of innovation.rocks or the Partner listed above in Section 1.1 hereof. Notice is effective when received or when the return receipt shows the notice was rejected by innovation.rocks or the Partner. 17.5 The terms of this Agreement apply only to the version of the Application available when acquired. Any previous or subsequent license granted to you for use of the Application, shall be governed by the terms and conditions of the agreement entered into when you purchase or acquire that version of the Application.
Copyright (C) 2008 - 2011 Google Inc.
Licensed under the Apache License, Version 2.0 (the "License");
You may not use this file except in compliance with the License.
You may obtain a copy of the License at
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS,
Without warranties or conditions of any kind, either express or implied.
See the License for the specific language governing permissions and limitations under the License.
Version 2.0, January 2004
Terms and conditions for use, reproduction, and distribution
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of suc h entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications repres ent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, b ut excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
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Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
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Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to m ake, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
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You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
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Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without an y additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
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Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "as is" basis, without warranties or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
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In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
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While redistributing the Work or Derivative Works thereof, You may choose to offer, and cha rge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
End of terms and conditions
ZBarAndroid SDK 0.2
ZBarAndroid SDK 0.2
Copyright and License
Licensed under the GNU Lesser General Public License, version 2.1.
Copyright 2008-2012 © Jeff Brown