Boring, but entirely necessary, enjoy…
IMPORTANT: BY USING YOUR HIGGINS.AI TABLET or HIGGINS.AI ON ANY DEVICE, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS:
A. HIGGINS.AI SOFTWARE LICENSE AGREEMENT
B. HIGGINS.AI EQUIPMENT LOAN AGREEMENT
C. NOTICES FROM HIGGINS.AI
Single Use License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY
BEFORE USING YOUR HIGGINS.AI DEVICE OR DOWNLOADING THE SOFTWARE UPDATE
ACCOMPANYING THIS LICENSE. BY USING YOUR HIGGINS.AI DEVICE OR DOWNLOADING A
SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE
TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO
NOT USE THE HIGGINS.AI DEVICE OR DOWNLOAD THE SOFTWARE UPDATE.
IF YOU HAVE RECENTLY PURCHASED AN HIGGINS.AI DEVICE AND YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE HIGGINS.AI DEVICE WITHIN THE RETURN PERIOD TO THE HIGGINS.AI STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED
IT FOR A REFUND, SUBJECT TO HIGGINS.AI'S RETURN POLICY FOUND AT http://www.higgins.ai/legal/.
(a) The software (including Boot ROM code and other embedded software), documentation,
interfaces, content, fonts and any data that came with your HIGGINS.AI Device ("Original HIGGINS.AI Software"),as may be updated or replaced by feature enhancements, software updates or system restore software provided by HIGGINS.AI ("HIGGINS.AI Software Updates"), whether in read only memory, on any other media or in any other form (the Original HIGGINS.AI Software and HIGGINS.AI Software Updates are collectively referred to as the “HIGGINS.AI Software") are licensed, not sold, to you by HIGGINS.AI Inc.
("HIGGINS.AI") for use only under the terms of this License. HIGGINS.AI and its licensors retain ownership of the HIGGINS.AI Software itself and reserve all rights not expressly granted to you.
(b) HIGGINS.AI, at its discretion, may make available future HIGGINS.AI Software Updates for your HIGGINS.AI Device. The HIGGINS.AI Software Updates, if any, may not necessarily include all existing software features or new features that HIGGINS.AI releases for newer or other models of HIGGINS.AI Devices. The terms of this License will govern any HIGGINS.AI Software Updates provided by HIGGINS.AI that replace and/or supplement the Original HIGGINS.AI Software product, unless such HIGGINS.AI Software Update is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions.
(a) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the HIGGINS.AI Software on a single HIGGINS.AI-branded HIGGINS.AI Device. Except as permitted in Section 2(b) below, and unless as provided in a separate agreement between you and HIGGINS.AI, this License does not allow the HIGGINS.AI Software to exist on more than one HIGGINS.AI-branded HIGGINS.AI Device at a time, and you may not distribute or make the HIGGINS.AI Software available over a network
where it could be used by multiple devices at the same time. This License does not grant you any rights to use HIGGINS.AI proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with HIGGINS.AI Devices. Some of those rights are available under separate licenses from HIGGINS.AI. For more information on developing third party devices and accessories for HIGGINS.AI Devices, please email thirdpartyapps@HIGGINS.AI. For more information on developing software applications for HIGGINS.AI Devices, please email devprograms@HIGGINS.AI.
(b) Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to download HIGGINS.AI Software Updates that may be made available by HIGGINS.AI for your model of the HIGGINS.AI Device to update or restore the software on any such HIGGINS.AI Device that you own or control. This License does not allow you to update or restore any HIGGINS.AI Device that you do not control or own, and you may not distribute or make the HIGGINS.AI Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time. If you download an HIGGINS.AI Software Update to your computer, you may make one copy of the HIGGINS.AI Software Updates stored on your computer in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.
(c) You may not and you agree not to, or to enable others to, copy (except as expressly
permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the
source code of, decrypt, modify, or create derivative works of the HIGGINS.AI Software or any services provided by the HIGGINS.AI Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of opensource components that may be included with the HIGGINS.AI Software).
(d) By storing content on your HIGGINS.AI Device you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The HIGGINS.AI Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.
(e) You agree to use the HIGGINS.AI Software and the Services (as defined in Section 5 below) in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the HIGGINS.AI Software and Services.
(f) Use of and access to certain features of the HIGGINS.AI Software and certain Services (as defined in Section 5) may require you to apply for a unique user name and password combination, known as an HIGGINS.AI ID. In addition, you acknowledge that many features and Services of the HIGGINS.AI Software transmit data and could impact charges to your data plan, and that you are responsible for any such charges. For more information, please consult the User Guide for your HIGGINS.AI Device.
3. Transfer. You may not rent, lease, lend, sell, redistribute, or sublicense the HIGGINS.AI Software. You cannot transfer of all of your license rights to the HIGGINS.AI Software to another party in connection with the transfer of ownership of your HIGGINS.AI Device, provided that: (a) the transfer includes your HIGGINS.AI Device and all of the HIGGINS.AI Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the HIGGINS.AI Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the HIGGINS.AI Software reads and agrees to accept the terms and conditions of this License. All Software Licenses and Hardware (as defined in the Hardware Loans Agreement) are the exclusive property of Higgins.AI Incorporated and can be removed, revoked or altered at any time without prior written or verbal justification. Legal
4. Consent to Use of Data.
(a) Diagnostic and Usage Data. If you opt in to diagnostic and usage collection, you agree that HIGGINS.AI and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your HIGGINS.AI Device, computer, 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 HIGGINS.AI Software, and to verify compliance with the terms of this License. HIGGINS.AI may use this information, as long as it is collected in a form that does not personally identify you, to provide and improve HIGGINS.AI’s products and services. If you have opted in and have Location
Services turned on, the location of your device may also be sent to help HIGGINS.AI analyze wireless or cellular performance issues (e.g. the strength or weakness of a cellular signal in a particular location). To enable HIGGINS.AI’s partners and third party developers to improve their software, hardware and services designed for use with HIGGINS.AI products, HIGGINS.AI may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.
(b) Location Data. HIGGINS.AI and its partners, licensees and third party developers may provide certain services through your HIGGINS.AI Device that rely upon location information. To provide and improve these services, where available, HIGGINS.AI and its partners, licensees and third party developers may transmit, collect, maintain, process and use your location data, including the real-time geographic location of your HIGGINS.AI Device, road travel speed information, and location search queries. The location data and queries collected by HIGGINS.AI are collected in a form that does not personally identify you and may be used by HIGGINS.AI and its partners, licensees and third party developers to provide and improve location-based products and services. By using any location-based services on your HIGGINS.AI Device, you agree and consent to HIGGINS.AI's and its partners', licensees' and third party developers’ transmission, collection, maintenance,
processing and use of your location data and queries to provide and improve such
products and services.
(c) AI Suggestions and Dictation. PLEASE NOTE THAT DICTATION IS OPTIONAL AND MAY NOT BE AVAILABLE ON ALL DEVICES. The AI Suggestions and Dictation features of the HIGGINS.AI Software may not be available in all languages or regions and features may vary by region. Your HIGGINS.AI Device supports AI Suggestions and Dictation, these features may allow you to respond to AI suggestions by making requests, give commands, type and dictate to your device using your voice or touch. When you use AI Suggestions or Dictation, the things you say will be recorded and sent to HIGGINS.AI in order to convert what you say or touch into commands and to process your requests. Your device will also send HIGGINS.AI other information, such as your first name and nickname; the names, nicknames, and work relationship with you (e.g., “manager”) of your address book contacts; and media names in your collection (collectively, your “User Data”). All of this data is used to help AI Suggestions and Dictation understand you better and recognize what you say. It is not linked to other data that HIGGINS.AI may have from your use of other HIGGINS.AI services. By using AI Suggestions or Dictation, you agree and consent to HIGGINS.AI’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information, including your voice input and User Data, to provide and improve AI Suggestions, Dictation, and dictation functionality in other HIGGINS.AI products and services. If you have Location Services turned on, the location of your HIGGINS.AI Device at the time you make a request to AI Suggestions may also be sent to HIGGINS.AI to help AI Suggestions improve the accuracy of its response to your location-based requests. As per the Hardware Loan Agreement, location services or device settings cannot be altered, disabled or reset without authorized Higgins.AI staff intervention. Agreements located at: http://www.higgins.ai/legal/.
(d) ServiceCall. The video calling feature of the HIGGINS.AI Software (“ServiceCall”) requires a Wi-Fi or cellular data connection and may not be available in all regions and may be restricted or unavailable from your service provider. Your use of ServiceCall is subject to your compliance with Section 2(e) above. In order to set up ServiceCall, and to initiate and receive ServiceCall calls between you and other Higgins.AI Incorporated staff members as per the Service Agreement, certain unique identifiers for your HIGGINS.AI Device and account are needed. These unique identifiers may include your email address(es), the HIGGINS.AI ID information you provide, a hardware identifier for your HIGGINS.AI Device, and your device’s telephone number. By using the HIGGINS.AI Software, you agree that HIGGINS.AI may transmit, collect, maintain, process and use these identifiers for the purpose of providing and improving the ServiceCall feature. You understand that your Device’s telephone number will be displayed to the other party on the video call (even if you have a blocked number) or your email address will be shown, depending on what setting you choose. As per the Hardware Loan Agreement, location services or device settings cannot be altered, disabled or reset without authorized Higgins.AI staff intervention. Agreements located at: http://www.higgins.ai/legal/.
(e) HigginsCommunications. The messaging feature of the HIGGINS.AI Software (“HigginsCommunications”) is subject to your compliance with Section 2(e) above. In order to set up HigginsCommunications, and to initiate and receive HigginsCommunicationss between you and other HIGGINS.AI Device users, certain unique identifiers for your HIGGINS.AI Device and account are needed. These unique identifiers may include your email address(es), the HIGGINS.AI ID information you provide, a hardware identifier for your HIGGINS.AI Device, and your device’s telephone number. By using the HIGGINS.AI
Software, you agree that HIGGINS.AI may transmit, collect, maintain, process and use these
identifiers for the purpose of providing and improving the HigginsCommunications service. The HigginsCommunications service requires a Wi-Fi or cellular data connection. To facilitate delivery of your HigginsCommunicationss and to enable you to maintain conversations across your devices, HIGGINS.AI may hold your HigginsCommunicationss in encrypted form for a limited period of time. If your message cannot be sent as an HigginsCommunications, your message may be sent as an SMS or MMS message, for which carrier messaging rates may apply. You understand that your device’s telephone number will be displayed to the other party (even if you have a blocked number) or your email address will be shown. As per the Hardware Loan Agreement, location services or device settings cannot be altered, disabled or reset without authorized Higgins.AI staff intervention.
(f) Data Stream. By using the Data Stream feature of Higgins Cloud, you agree that HIGGINS.AI may store photos taken on your HIGGINS.AI Device or uploaded from your computer for a limited period of time and automatically send the photos to your other HIGGINS.AI HIGGINS.AI Devices or computers All use of the Data Streaming is subject to the terms and conditions of this agreement and the Higgins Cloud Terms and Conditions located at: http://www.higgins.ai/legal/.
(g) Shared Data Streams. By using the Shared Data Streams feature of Higgins Cloud, you agree that HIGGINS.AI may store the photos you share continuously until you delete them, send that data to your other HIGGINS.AI devices and computers that have Shared Data Streams enabled, and send them to the HIGGINS.AI devices and computers of the people you choose to share them with. When you use Shared Data Streams, you are allowing your recipients to view, save, copy, and share your photos, as well as leave comments. You can delete individual data, comments, or entire shared data streams at any time to stop sharing them immediately, however, data that the viewer has previously saved to their device or computer will not be deleted. All use of the Shared Photo Streams feature is subject to the terms and conditions of this agreement and the Higgins Cloud Terms and Conditions located at: http://www.higgins.ai/legal/.
(h) Higgins Maps. The maps service and features of the HIGGINS.AI Software (“Maps”) may not be available in all languages or regions, and features and map data coverage may vary by region. Use of the Maps service requires a Wi-Fi or cellular data connection. When you use any location-based features within Maps, such as turn-by-turn navigation, traffic and local search, various location related and usage information may be sent to HIGGINS.AI, including the real-time geographic location of your HIGGINS.AI Device, in order to process your request and help improve Maps. Such location and usage data is collected by HIGGINS.AI in a form that does not personally identify you. By using Maps, you agree and consent to HIGGINS.AI’s and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of this information, to provide and improve the Maps features and service, and other HIGGINS.AI products and services. As per the Hardware Loan Agreement, location services or device settings cannot be altered, disabled or reset without authorized Higgins.AI staff intervention. Agreements located at: http://www.higgins.ai/legal/.
(i) Interest-Based Advertising. HIGGINS.AI may provide mobile, interest-based advertising to you.
5. Services and Third Party Materials.
(a) The HIGGINS.AI Software may enable access to HIGGINS.AI's App Store, Cloud, Maps and other HIGGINS.AI and third party services and web sites (collectively and
individually, "Services"). Such Services may not be available in all languages or in all countries. Use of these Services requires Internet access and use of certain Services may require an HIGGINS.AI ID, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with an HIGGINS.AI ID, or other HIGGINS.AI Service, you agree to the applicable terms of service for that Service, such as the latest Store Terms and Conditions located at: http://www.higgins.ai/legal/.
(b) 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 HIGGINS.AI shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
(c) 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 HIGGINS.AI 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. HIGGINS.AI, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any thirdparty
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.
(d) Neither HIGGINS.AI nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services. Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services, including the HIGGINS.AI Maps service, is provided for basic navigational and/or planning purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. You agree that, the results you receive from the Maps service may vary from actual road or terrain conditions due to factors that can affect the accuracy of the Maps data, such as, but not limited to, weather, road and traffic conditions, and geopolitical events. For your safety when using the turn-by-turn navigation feature, always pay attention to posted road signs and current road conditions, and follow safe driving practices
and traffic regulations.
(e) To the extent that you upload any content through the use of the Services, you represent that you own all rights in, or have authorization or are otherwise legally permitted to upload, such content and that such content does not violate any terms of service applicable to the Services.
You agree that the Services contain proprietary content, information and material that is owned by HIGGINS.AI, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or HIGGINS.AI. 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, using the Services to transmit any computer viruses, worms, trojan horses or other malware, or 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 HIGGINS.AI is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
(f) In addition, Services and Third Party Materials that may be accessed, linked to or displayed on the HIGGINS.AI Device are not available in all languages or in all countries or regions. HIGGINS.AI makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Services and 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. HIGGINS.AI 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 HIGGINS.AI be liable for the removal of or disabling of access to any such Services. HIGGINS.AI may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
6. Termination. This License is effective until terminated. Your rights under this License will
terminate automatically or otherwise cease to be effective without notice from HIGGINS.AI if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the HIGGINS.AI Software. Sections 4, 5, 6, 7, 8, 9, 12 and 13 of this License shall survive any such termination.
7. Disclaimer of Warranties.
7.1 If you are a customer who is a consumer (someone who uses the HIGGINS.AI Software outside of
your trade, business or profession), you may have legal rights in your country of residence which
would prohibit the following limitations from applying to you, and where prohibited they will not
apply to you. To find out more about rights, you should contact a local consumer advice
7.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, USE OF THE HIGGINS.AI SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE HIGGINS.AI SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HIGGINS.AI SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HIGGINS.AI AND HIGGINS.AI'S LICENSORS (COLLECTIVELY REFERRED TO AS "HIGGINS.AI" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE HIGGINS.AI SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7.4 HIGGINS.AI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE HIGGINS.AI SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE HIGGINS.AI SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE HIGGINS.AI SOFTWARE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN THE HIGGINS.AI SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE HIGGINS.AI SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF THIS SOFTWARE MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES.
7.5 YOU FURTHER ACKNOWLEDGE THAT THE HIGGINS.AI SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE
FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE HIGGINS.AI SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
7.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HIGGINS.AI OR AN HIGGINS.AI AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE HIGGINS.AI SOFTWARE 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.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO
EVENT SHALL HIGGINS.AI BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE HIGGINS.AI SOFTWARE AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE HIGGINS.AI SOFTWARE OR SERVICES, HOWEVER
CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF HIGGINS.AI 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 HIGGINS.AI'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 two hundred and fifty dollars (CDN$101.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Digital Certificates. The HIGGINS.AI Software contains functionality that allows it to accept digital certificates either issued from HIGGINS.AI or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY HIGGINS.AI OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIGGINS.AI MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES.
10. Export Control. You may not use or otherwise export or re-export the HIGGINS.AI Software except as authorized by Canada law and the laws of the jurisdiction(s) in which the HIGGINS.AI Software was obtained. In particular, but without limitation, the HIGGINS.AI Software may not be exported or re-exported
(a) into any CANADA embargoed countries or (b) to anyone on the CANADA Treasury
Department's list of Specially Designated Nationals or the CANADA Department of Commerce Denied Person’s List or Entity List. By using the HIGGINS.AI Software, 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 the HIGGINS.AI Software for any purposes prohibited by Canada law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
11. Government End Users. The HIGGINS.AI Software 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 CANADA 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 Canada.
12. Controlling Law and Severability. This License will be governed by and construed in
accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded. If you are a
consumer based in the United Kingdom, this License will be governed by the laws of the
jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any
provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
13. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and HIGGINS.AI relating to the HIGGINS.AI Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by HIGGINS.AI. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
14. Third Party Acknowledgements. Portions of the HIGGINS.AI Software may utilize or include third party software, hardware and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the HIGGINS.AI Software, and your use of such material is governed by their respective terms.
15. Use of MPEG-4; H.264/AVC Notice.
(a) The HIGGINS.AI Software contains MPEG-4 video encoding and/or decoding functionality. The HIGGINS.AI Software is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use. Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http://www.mpegla.com.
(b) The HIGGINS.AI Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THE HIGGINS.AI SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.
NOTICES FROM HIGGINS.AI
If HIGGINS.AI needs to contact you about your product or account, you consent to receive the notices by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.