End User License Agreement
Version and Effective Date of the EULA
Effective date: March 22, 2021
WELCOME TO USE OUR PRODUCTS!
Please read the following EULA (“Agreement”) carefully. Your use of our products means you have accepted this Agreement.
“Simple Echo Limited” or “we” means a BVI registered company;
“Our Products” are provided by Simple Echo Limited Limited and described as below.
“You” refers to the users of Our Scanner Pro Products which is mobile based application.
The privacy policy and other business rules we posted is also part of this Agreement. Please read them carefully. We specially remind you that according to your region and the version of the Products you use, we may provide different services, the clause of this Agreement and the Privacy Policy may not apply to the current version of the Products in your use.
I. Our Products
For the purpose of the EULA, “Our Products” refer to “Scanner Pro” Phone Application and services (provided by our company and/or our branches, affiliates or partners across the globe) in connection with the software products.
“Scanner Pro” refers to software with functions of documents scan, recognition and administration and other related internet-based value-added services (“Our Service”). We provide the above-mentioned services through free or paid Scanner Pro software (“Our Software”).
We specially remind you that we only provide you the software and service as tools. When using our products acquiring and processing information, you should respect legal rights of others such as intellectual property rights, personal information and privacy rights, etc., and make sure that you are authorized to copy, amend, upload and publish the information. If you upload or publish the information without permission, you may infringe legal rights of others and be legally liable for it.
II. Scope of Software License and Service
We grant you or your specified users a personal, worldwide, revocable, non-transferable and non-exclusive license to use our products. Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run Our Software or use Our Services on your smart mobile end-device, including but not limited to tablet, smart phone, scanner, and PC as well as other computer system (“end-device”) for non-commercial purposes.
By installing or otherwise using the Scanner Pro, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the Scanner Pro App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any Scanner Pro App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any Scanner Pro App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the Scanner Pro App shall constitute reasonable means. Your continued use of the Scanner Pro after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Scanner Pro. If you have any questions or concerns regarding the terms or conditions herein, please email us at simpleechoapp@gmail.com. Do not use the Scanner Pro until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
Use of the Scanner Pro is subject to our privacy policy, which is hereby incorporated into this EULA by reference. This EULA also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the Scanner Pro. The Scanner Pro may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of the Scanner Pro if you download or install the Scanner Pro through such marketplaces.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
1. Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the Scanner Pro or use the Scanner Pro for the benefit of any third party. Unless expressly authorized by Simple Echo Limited Limited or permitted under the applicable mobile platform terms, you are prohibited from making the Scanner Pro available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Scanner Pro, except to remove our Scanner Pro from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Scanner Pro, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Scanner Pro in any way. You do not have the right to and may not create derivative works of any Scanner Pro or any portions thereof. All modifications or enhancements to the Scanner Pro remain the sole property of Simple Echo Limited.
2. Scanner Pro Updates. We reserve the right to add or remove features or functions to existing Scanner Pro. When installed on your mobile device, the Scanner Pro periodically communicate with our servers. We may require the updating of the Scanner Pro on your mobile device when we release a new version of the Scanner Pro, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Scanner Pro. You acknowledge and agree that any obligation we may have to support previous versions of the Scanner Pro may be ended upon the availability of updates, supplements or subsequent versions of the Scanner Pro. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the Scanner Pro.
3. Access. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Scanner Pro. If you access a Scanner Pro App through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the Scanner Pro from your device. Downloading, installing or using certain Scanner Pro may be prohibited or restricted by your network provider and not all Scanner Pro may work with your network provider or device. Simple Echo Limited makes no representation that the Scanner Pro can be accessed on all devices or wireless service plans. Simple Echo Limited makes no representation that the Scanner Pro are available in all languages or that the Scanner Pro are appropriate or available for use in any particular location.
4. Purchases & Cancellation Rights.
(A) Where you purchase from a third party: Certain Scanner Pro are available for purchase from a mobile platform owner (e.g. Apple or Google) and/or will allow you to make an in-application purchase. Payment for such purchases may be processed by third parties who act on our behalf or directly by the mobile platform owner. Please note and acknowledge: if you download a Scanner Pro App from a mobile platform owner (e.g. Apple or Google), you may not be able to cancel your order or obtain a refund. Please review the mobile platform owner's terms in this regard before purchase. This may also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds on the website of the third party re-seller from whom you purchased the app (for example, the Apple App Store or the Google Play Store).
(B) Where you purchase from Scanner Pro directly: Please note and acknowledge: if you download an Scanner Pro App from Scanner Pro directly, you agree to waive your cancellation and refund right once the download of the app or the relevant purchase is made. This means that you will not be able to cancel your order or obtain a refund once the download and delivery of the app is complete. This will also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds from the relevant section of the Scanner Pro website.
III. Paid Service
You may need to pay for some services of Our Products. You (and your specified users) will acquire relevant services with the fees duly paid in full. For paid service, we will obtain your consent before collection of payment.
Simple Echo Limited could make changes about payment standard and method according to practical needs. Some free services may become paid services in the future. If the fee is not paid on time and in full, you will no longer be able to use the service when we start to charge fees. The above-mentioned change will be notified during a period of time before you use relevant services. The price of the products provided through website may change at any time. If there is a price reduction or promotion, Simple Echo Limited will not provide price protection or refund your payment.
As the software products contains information of authorization and activation (including but not limited to activation code, password, etc.) and are special commodities due to the risk of the information being revealed for others to open accounts, the policy on return of goods without any reason is not applicable after the transaction is completed. If no major quality problems, no return or exchange will be allowed. If you have any inquires or need any assistance, you can send email to
IV. Registration and Account Security
In order to better use our service, Scanner Pro take the Apple ID as account mark and we would always use the Apple ID that you brought the product with as identification of the product authority. For the better use of our Scanner Pro app, please make sure that you use the Scanner Pro app with the same Apple ID that you brought it with.
V. Privacy and Personal Information
We respect the privacy and personal information of each user and will protect your privacy and personal information in accordance with applicable law, especially special law/regulation on data protection by taking necessary measures and comply with the same in collecting, processing, transmitting and storing your personal information. Please be sure to read carefully our privacy policy which specifies the way we collect and use your personal information, etc.
We particularly remind that the information you upload may involve other people’s personal information or privacy. We will not disclose such contents without authorization.
You understand and undertake that you will fully respect any other persons’ privacy that you learn, receive or have access to from the information of other users and you will fully respect any other persons’ privacy in the information you upload as well. You will never collect, duplicate, store, disseminate, spread or misuse others’ private information without permission. If you obtain, use, sell or spread other’s personal information in bad faith, or infringe other’s privacy in any other way (including but not limited to harassment), you are in material breach of this Agreement. We will be entitled to at any time restrict or terminate your account privilege up to delete your account and we reserve the right to unilaterally terminate this Agreement and demand you to bear legal liabilities.
Special reminder: As mobile phone number is usually tied up with quite many functions used as tool for identification assistance, if your mobile phone number changes, please timely revise the relevant content of your account so that others may not clear identification test by using your mobile phone without permission. You should take precaution and deal with that situation accordingly when the email address for identity verification has security issue.
Our Products will ask for the following permissions during regular operation:
1. Storage: Access to device storage in order to read and manage documents;
2. Camera & Album: Use your device’s camera and photo album to take photos for the auto crop function;
3. Contacts: Access device contacts for inviting users to collaborate;
4. Phone: Binding the premium membership to your device ID to automatically log you in;
Permission will not be asked if you do not use these functions. If additional authority is required, we will ask for your permission in advance.
VI. Information Push
You agree that you may receive information pushed out when using Our Products and services that include update of Our Products or services and information of third party’s products or services that may be helpful to you, etc.
We specially remind that if the information pushed out you receive is about third party and not us, regarding such information, you should make your own judgment on authenticity of the content and be responsible for your own judgment and act. Except as expressly provided by law, we are not liable in any way for any loss or damage borne by you due to the content provided by way of such information.
VII. Third Party Services
In Our Products, we allow you to invoke services provided by third parties such as facsimile, social website or email services, etc. We only invoke services from third parties in our products through APIs and actual services are provided by third parties. For terms of use and relevant provisions, please refer to the EULA, etc. issued by those third parties. We will urge the third parties to comply with the applicable laws and regulations on personal information protection when they provide services. We do not bear any direct or indirect liability for any problem of personal information protection that happens in your using third party services or loss caused therefrom and the problem or loss should be borne by you and/or relevant liable party.
VIII. Content Generated by User
The contents provider should assume liability for any content (including but not limited to image file, file information, contact list, business card information, geographic location, email, message, material, literary works, software, music, sound recording, photo, graph, video, data, user’s registration information or other information, etc., “Contents”), whether transmitted in public or in private via Our Products. You (or your designated users) warrant that you (or your designated users) have necessary authorization to upload such Contents. If your (or your designated user’s) acts cause losses (including but not limited to compensation, attorney fees) to Simple Echo Limited, you agree to fully compensate for the losses. We reserve the right to review, block and delete the Contents or terminate the services pursuant to law.
As to the publicized contents, unless you notify us the contrary intention in writing, and it is not against law/regulation on personal data protection, you agree to grant Simple Echo Limited the world-wide, royalty-free, non-exclusive, sub-licensable and permanent license to use the same. We may decide at our own discretion to use (including but not limited to reproduce, adapt, amend, create derivative works, and translate) and distribute these Contents. In the meanwhile, you authorize Simple Echo Limited to file any action in its own name against any third party for the infringement upon the foregoing contents and any of its derivative works and to receive all the compensation. You shall warrant that you have necessary authorization to grant such license to Simple Echo Limited.
Notwithstanding the foregoing provision of reservation of rights, we will not necessarily use or distribute the Contents. Furthermore, such reservation of rights is only applicable to the Contents you have publicized rather than any personal information or privacy which has not yet been publicized. Unless otherwise provided in law/regulation on data protection, without permission of right holder, we will not use or provide to third party the unpublicized personal information and privacy.
You should be owner of copyright, or holder of other rights that should be had for using the services as to the lawful contents you post in the services.
IX. Information Storage and Synchronization
1. You acknowledge and agree to store information relating to use of Our Products into your own end-device, which will occupy some room of the end-device. Simple Echo Limited reminds that you should make your choice as to whether to set passwords for using Our Services in order to protect information security according to your needs.
2. You acknowledge and agree that the information generated during your use of Our Products may be stored and processed by Simple Echo Limited or its affiliates or service providers through their servers. As Our Products can be downloaded and used by users worldwide, the servers are located in Oregon, clash. By using our product, you agreed that the data needed would be stored and later on maybe transferred to necessary countries or third parties according to the needs. And the data store/transfer regulations would in compliance with laws and regulations in Oregon.
X. Subscription of the service
Scanner Pro on the Apple App Store and Google Play Store will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple or Google). Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial (Apple) or at any time before the end of the trial period (Google). See below in paragraph 6 ("Trial Periods") for further information. You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes or Android account. The cancellation will take effect after the last day in the relevant subscription period.
Trial Periods. Certain of our subscription services on the Apple App Store and Google Play Store may from time to time be offered for a fixed period of time on a free-trial basis. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes or Android account. Please note: your free-trial subscription will automatically renew as a paid subscription unless (a) auto-renew is turned off at least 24 hours before the end of the free-trial subscription period (Apple) or (b) you cancel before the end of the trial period (Google).
Online Dispute Resolution. Please note that we reserve the right not to participate in forms of alternative dispute resolution. For further information, please contact: simpleechoapp@gmail.com.
Gold in the App Environment. Through your use of Scanner Pro, you may accrue virtual "Gold" that may be used and virtually spent in the App environment. Gold are a limited license right distributed at our discretion, may only be used with respect to virtual items and services made available in the App environment, and are not redeemable for monetary value. In addition to the Gold that you may virtually accrue, you may also purchase Gold. Payments for Gold may be made through an in-app purchase (more details about which can be found here). Please note: we may limit the number of Gold or the total monetary value of Gold that you may purchase at one time, or over a given period of time, in our sole discretion. Newly purchased Gold credits may not be available for immediate use. If you make any unauthorized purchases of Gold, or if any of your purchase of Gold leads to charge-reversals, chargebacks, disputed charges, dispute fees, or any allegation of payment fraud, we may terminate your account, with or without notice, in our sole and absolute discretion.
All purchases of Gold are FINAL and non-refundable, except in our sole and absolute discretion. Once you purchase Gold, you cannot return them. If your account is cancelled or terminated by you or by us, for any reason, you will lose and forfeit any outstanding Gold The virtual items that you may virtually acquire or use in the App environment is a limited license right granted by us and you do not acquire any ownership right to any such virtual items. We may terminate such license right and withdraw or discontinue any virtual item in the Site environment or may remove your right to use any particular virtual item or service. Any exchanges of Gold for virtual items are non-reversible.
The virtual items that you may virtually acquire or use in the App environment are a limited license right granted by us and you do not acquire any ownership right to any such virtual items. We may terminate such license right and withdraw or discontinue any virtual item in the Site environment or may remove your right to use any particular virtual item or service. Any exchanges of Gold for virtual items are non-reversible.
Aside from the limited license to use virtual items or services as described above, you agree that you will not gain any right, title or interest whatsoever in the Gold, or virtual items or services, and that you may not trade, sell, transfer or transact Gold, or virtual items or services in any manner except as permitted in the App environment. You may not sell or trade the time taken to accrue Gold. Any transaction in Gold or virtual items or services via online auction sites or other channels outside the Services is strictly prohibited. You may not use cheat programs, including non-Scanner Pro software programs, to accrue Gold or virtually acquire Gold. We may immediately terminate your account if it comes to our attention that you have accrued, virtually acquired or used Gold in any non-permitted manner.
XI. Intellectual Property Rights
The Scanner Pro App, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Simple Echo Limited are Simple Echo's property or the property of Simple Echo Limited's licensors, and are protected by HK. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or our third party partners have placed on or within the Scanner Pro. All rights not expressly granted hereunder are expressly reserved to Simple Echo Limited and its licensors.
The Simple Echo Limited and Scanner Pro names, logos and affiliated properties, are the exclusive property of Simple Echo Limited or its affiliates. All other trademarks appearing on any Scanner Pro App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through a Scanner Pro App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
COPYRIGHT/SUBMISSIONS:
1. You are solely responsible for any Content you contribute, submit, display or for any adaptations of works made on or through your use of the Scanner Pro App(s). It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display.
2. Simple Echo Limited respects and expects its users to respect the rights of copyright holders. On notice, Simple Echo Limited will act appropriately to remove content that infringes the copyright rights of others. Simple Echo Limited reserves the right to disable the access to Scanner Pro or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe Scanner Pro App, or elements, infringe your copyright rights, please contact Simple Echo Limited's Copyright Agent at:
Email: simpleechoapp@gmail.com.com.
Please ensure your communication includes the following:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Scanner Pro App;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
XII. Teenagers Use
You must be 13 years of age (or 16 in the EEA) or older to install or to use the Scanner Pro. If you are at least 13 (or 16 in the EEA) but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the Scanner Pro for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access a Scanner Pro App, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use the Scanner Pro or associated features. If you are the parent or guardian of a child under 13 (or 16 in the EEA) and believe that he or she is using the Scanner Pro, please contact us at simpleechoapp@gmail.com.
XIII. Effectiveness, Term and Renewal
By installing or otherwise using the application Scanner Pro, you agree to be bound and accept this agreement entirely and to abide by all its terms and conditions, just as if you had signed it. If you do not agree to the terms and conditions, Please stop using Scanner Pro App immediately.
No failure or delay by Simple Echo Limited in exercising any right, power or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SCANNER PRO MUST COMMENCE WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
XIV. Governing Law and Jurisdiction
1. The parties understand and agree to abide by the special regulations applicable to certain nations/regions as set forth in the privacy policy.
2. With regarding to amendment to these EULA, change of services or modification to any other important matters, we will notify you via in-app notifications. Such notification shall be deemed as having been served upon release of the announcement.
3. We welcome your feedback in respect of Our Products. Unless otherwise expressly represented or subject to applicable laws, any feedback sent from you will be deemed as non-confidential contents. You agree that we may, at our own discretion, decide whether to release or publish such contents. And you agree to authorize us to use the same at no cost and to amend, adapt, adjust design or change related technical plans, or make any amendment as necessary.
4. If you have any comments on our services or the EULA, you may contact us: simpleechoapp@gmail.com, and we will use our best efforts to provide you with timely and necessary assistance.
5. You agree to abide by the local regulations and relevant laws when using the application, and you supervise or guide the users of interest with compliance of the relevant laws or data use policy. Simple Echo Limited does not represent or warrant that the Scanner Pro or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the Scanner Pro, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The HK special law, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) the Scanner Pro. You hereby submit to the exclusive jurisdiction and venue of the appropriate courts of Wan Chai district (HK), with respect to all matters arising out of or relating to this EULA.
XV. DISCLAIMER OF WARRANTY:
TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL SCANNER PRO ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, SIMPLE ECHO LIMITED, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, SIMPLE ECHO LIMITED MAKES NO WARRANTY THAT THE SCANNER PRO WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SIMPLE ECHO LIMITED PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SCANNER PRO WILL MEET YOUR EXPECTATIONS. SIMPLE ECHO LIMITED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SCANNER PRO; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SCANNER PRO OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH SCANNER PRO BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SCANNER PRO.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SCANNER PRO REMAINS SOLELY WITH YOU.
SIMPLE ECHO LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
NOTICE REGARDING CALL RECORDING FEATURE: Certain Scanner Pro may allow you to record phone conversations on your Android or iOS device. Some local, state, federal or international laws prohibit the recording of third-party audio without all parties' consent to such recording. You are solely responsible for compliance with all local, state, federal or international laws regarding call recording and obtaining any necessary consent. IN NO EVENT SHALL SCANNER PRO BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR YOUR FAILURE TO COMPLY WITH LOCAL, STATE, FEDERAL OR INTERNATIONAL LAWS REGARDING THIRD-PARTY AUDIO RECORDING.
1.LIMITATION OF LIABILITY:
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THATSIMPLE ECHO LIMITED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN SIMPLE ECHO LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SCANNER PRO; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE SCANNER PRO. IN NO EVENT SHALL LSIMPLE ECHO LIMITED'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SCANNER PRO APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SCANNER PRO APP, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
2. INDEMNIFICATION:
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SIMPLE ECHO LIMITED, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE SCANNER PRO, YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY SIMPLE ECHO LIMITED OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
3. EXPORT CONTROLS:
The Scanner Pro and the underlying information and technology are subject to HK. and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Apps. You agree to comply with these laws, restrictions and regulations when downloading or using the apps.
4. NOTICE TO US GOVERNMENT END USERS:
Any Scanner Pro installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that terms 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. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
XVI. SUPPLEMENTAL TERMS
To the extent permitted by applicable law (and without limiting the above rights, remedies and obligations except the extent expressly in conflict with additional terms below), the following additional terms shall apply to your use of Scanner Pro, as applicable:
Apple App Store: By accessing the Scanner Pro App through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:
1. This EULA is between SIMPLE ECHO LIMITED and you; Apple is not a party to this EULA.
2. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Scanner Pro App on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple's App Store Terms of Service.
3. Apple is not responsible for Scanner Pro App or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Scanner Pro App.
4. In the event of any failure of the Scanner Pro App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Scanner Pro App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Scanner Pro App.
5. Apple is not responsible for addressing any claims by you or a third party relating to the Scanner Pro App or your possession or use of the Scanner Pro App, including without limitation (a) product liability claims; (b) any claim that the Scanner Pro App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any third party claim that the Scanner Pro App or your possession and use of the Scanner Pro App infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
7. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Apple and its subsidiaries are third party beneficiaries of this EULA and upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof.
9. Simple Echo Limited expressly authorizes use of the Scanner Pro by multiple users through the Family Sharing or any similar functionality provided by Apple.
THE END.