This End User License Agreement is a legal agreement (hereinafter “EULA”) between CannaX Ltd. (“CannaX”) and you, being an individual (hereinafter “you,” “your,” or “User”). This EULA covers all web and mobile application software, product applications, source & object code, associated media, any printed materials, data, files and information, plus any accompanying “online” or electronic documentation (collectively, the “Software”) that have been provided to You by CannaX from either the Apple App Store or the GooglePlay store and includes without limitation all custom-branded Whitelabel or other versions of the Software. This version of CannaX EULA takes precedence over any other EULA relating to CannaX products/services and or terms embedded within the Software, unless otherwise specifically superseded in writing.
Access to Software
You may access and download to your mobile device the latest version of the Software from either the Apple App Store or the GooglePlay store. Once installed on your mobile device, You can use app without creating an account or You will choose a CannaX password to login to the Software. You are responsible for maintaining the confidentiality of your CannaX ID, password and account and for any activity in connection with your account and all activities that occur under your password. We will not be liable for any loss or damage arising from your failure to comply with these conditions. We will not be liable for any loss or damage arising from your failure to comply with these conditions.
Assent to Be Bound
By (i) clicking the “Accept the terms of service” checkbox on the app registration page and signing up; (ii) executing a written copy of this EULA or any subscription licence agreement; or (iii) installing, copying or otherwise using this Software, You agree to be bound by the terms and conditions of this EULA. If You do not agree with every term and condition of this EULA, do not download, open, install or use the Software or product package. If You have already downloaded the Software, then You must delete it immediately without further use. In addition, certain third party code may be provided with the Software. The third-party licence terms accompanying such code, and not the terms of this EULA, will govern Your use of such code. CannaX reserves the right to modify the terms, conditions and policies of this EULA from time to time and may, at any time, revoke Your use of the Software if you breach any of these terms and conditions. If CannaX makes changes to the terms and conditions of this Agreement, then You will be notified the next time You log in to use the Software. This EULA is void where prohibited by law. Unless otherwise agreed or permitted by CannaX in writing, You may not share or transfer any Software or other materials you receive from CannaX. You acknowledge that CannaX has no express or implied obligation to announce or make available any future commercial versions of the Software. You certify that You are of legal age of majority in the jurisdiction in which you reside (at least 18 years of age) and You represent that You are legally permitted use this Software and shall be legally bound by this Agreement.
Ownership and Copyright of Software.
Title to the Software and all copies thereof remain with CannaX and/or its suppliers. The Software is copyrighted and is protected by copyright laws and international treaty provisions. You agree not to remove copyright or trademark notices from the Software and agree to prevent any unauthorized copying of the Software within Your control (and to report such to CannaX, if not in your control). Except as expressly provided herein, CannaX does not grant any express or implied right to You under CannaX patents, copyrights, trademarks, or trade secret information.
Grant of Software License
Subject to compliance with the terms and conditions of this EULA, CannaX grants to You a non-exclusive, non-transferable, personal, limited-use licence – without the right to sublicense (the “Licence”) – to use the Software with or without an approved CannaX Event Invitation Code solely for the purpose of discovering cannabis events and connecting with other CannaX community members. You may not: (i) Modify or create any derivative works of any Software or documentation (any code written by CannaX for the Software to published application programming interfaces – APIs – shall be deemed part of the Software and included in this licence); (ii) Copy the Software except as provided in this Agreement or elsewhere by CannaX; (iii) Separate Software, which is licensed as a single product, into its component parts. (iv) Sublicense or permit simultaneous use of the Software under Your account by more than one user; (v) Reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); (vi) Redistribute, encumber, sell, rent, lease, sublicense, use the Software in a timesharing or service bureau arrangement, or otherwise transfer rights to any Software under any circumstances; (vii) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software; or (viii) Publish any results of benchmark tests run on the Software to a third party without CannaX prior written consent..
Partner Programs and Event Invitation Codes
Through any one or more of CannaX partner programs, as may exist from time to time, You may be given a unique event invitation code approved by CannaX (an “Event Invitation Code”). You are only allowed to use an Invitation Code if you have a legal right to do so through participation in one or more CannaX Partner Programs. Use of Event Invitation Codes allows CannaX to provide you with better event experience and is subject to additional licensing as defined below in Section 6. You may enter unlimited Event Invitation Codes in the Event section of the Software for simultaneous participation in multiple events. The Event Invitation Code in the first position of entry in the Software will determine the branding, look and feel of the Software version You are using.
IN USING AN EVENT INVITATION CODE, YOU ARE PROVIDING YOUR CONSENT TO CANNAX SHARING YOUR DATA WITH THE THIRD PARTY PARTNER WHO PROVIDED YOU WITH THE EVENT INVITATION CODE. WHILE CANNAX DE-IDENTIFIES YOUR DATA BEFORE SHARING IT WITH THIS PARTNER, IT IS
POSSIBLE THAT THE THIRD PARTY PARTNER RECEIVING YOUR TRACKED DATA MAY BE ABLE TO LINK IT BACK TO YOU BY REFERENCING THE EVENT INVITATION CODE USED OR OTHER DATA PROVIDED WITH THEIR OWN SYSTEMS THAT YOU MAY HAVE INDEPENDENTLY AUTHORIZED. IF YOU DO NOT CONSENT TO YOUR INFORMATION BEING SHARED WITH THE THIRD PARTY PARTNER WHO PROVIDED YOUR EVENT INVITATION CODE, DO NOT INPUT AN EVENT INVITATION CODE WHEN REGISTERING WITH CANNAX. YOUR CONSENT TO THIRD PARTY PARTNER DISCLOSURE OF INFORMATION THAT CAN LINK TO PERSONAL INFORMATION ON THAT THIRD PARTY’S SYSTEM CAN BE WITHDRAWN AT ANY TIME BY DELETING THE EVENT INVITATION CODE(S) FROM THE EVENT SECTION WITHIN THE SOFTWARE. DELETING AN EVENT INVITATION CODE DOES NOT AFFECT CANNAX ABILITY TO USE YOUR ANONYMOUS DATA (AS DEFINED BELOW).
Ownership and License of Data, Consent to the Collection and Use of Data.
a. Personally-identifiable information.
b. Anonymous Data
7. Term and termination of This Agreement.
The Term of this EULA shall commence upon download of the Software and Your Accent to Bound, pursuant to Section 2 herein and shall continue until terminated by either party. CannaX may terminate this EULA and your use of the Software at any time for breach of any provision contained herein. You may terminate this EULA at any time for any reason by deleting Your account. Upon any expiration or termination of this EULA, or deletion of Your account, the rights and licences granted to You hereunder shall immediately terminate, and You shall immediately cease using the Software, and will return to CannaX (or, at CannaX request, destroy), any other tangible items in Your possession or control that are proprietary to CannaX or contain Confidential Information. If you choose to delete Your account, then CannaX will permanently remove all of Your personally identifiable information from all of its systems in accordance with industry best practices, which may not be recoverable. All of the Anonymous Data will be retained in the CannaX database in completely anonymized form for CannaX use as it solely deems at any time.
THE SOFTWARE LICENSED HEREUNDER MAY CONTAIN DEFECTS. CANNAX IS UNDER NO OBLIGATION TO PROVIDE TECHNICAL SUPPORT UNDER THE TERMS OF THIS EULA, AND PROVIDES NO ASSURANCE THAT ANY SPECIFIC ERRORS OR DISCREPANCIES IN THE SOFTWARE WILL BE CORRECTED.
WHILE WE PUT ALL OUT EFFORTS TO ENSURE ACCURATE INFORMATION IT IS ADVISABLE TO CROSS-CHECK WITH THE OFFICIAL EVENT WEBSITE BEFORE MAKING TRAVEL PLANS. FOR DETAIL TERMS YOU MAY REFER TO OUR POLICY GUIDELINES.
9. No License or Representation
Except as expressly set out herein, no licence for any trademark, patent, copyright, or any other intellectual property right is either granted to You or implied by this EULA or any disclosure hereunder.
10. Limitation of Liability.
CannaX and its affiliates, representatives, agents, directors, officers, shareholders, and employees are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, inaccurate, incomplete, or unintelligible registration or data point entries; (ii) telephone, electronic, hardware, or software program, network, Internet, computer, or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond our control; (v) any injuries, losses, or damages of any kind, whether to property or persons, arising in connection with or as a result of your use of the Software, any treatment decisions made by you in conjunction with your use of the Software or from your participation in the Program (as defined below) including but not limited to your receipt and/or use of any Benefits (as defined below); or (vi) any printing or typographical errors in any materials associated with the Software or the Program. Further, in no event shall we, or any of our affiliates, and/or their respective officers, directors, employees, agents, representatives, information providers, and licensors and/or their respective heirs and assigns be liable to you or any third parties for any damages of any kind or nature, including but not limited to, direct, indirect, incidental, consequential, exemplary, special (including loss of profit), punitive, or other damages arising from or in connection with the existence or use or inability of use of the Software (or its web companion, as the case may be) or any such dispute, regardless of whether CannaX or any of the other entities or persons listed above have been advised as to the possibility of such damages. Under no circumstances are You permitted to obtain benefits for, and You hereby waive all rights to claim punitive, incidental, or consequential damages, including attorneys’ fees, other than Your actual out-of-pocket expenses (i.e., costs, if any, associated with using the Software and/or participating in the Program), and You further waive all rights to have damages multiplied or increased. You accept all responsibility for, and hereby indemnify and hold us, our subsidiaries, and affiliates harmless from and against any actions taken by any user authorized by You to use Your account, including, but not limited to, disclosure of passwords to third parties.
12. Software Provided “As Is”.
Provision of any Software under this Agreement shall not create any obligation for CannaX to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to You or to any other party. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
You should assume that all contents of the CannaX App, including all parts related to the Program are copyrighted unless otherwise noted and may not be used except as provided herein and without our express written permission. Except as expressly provided herein, nothing contained herein shall be construed as conferring any licence or right under any CannaX copyright.
All product names, logos, and service marks displayed on this site that are identified by “TM” or appearing in type form different from that of the surrounding text (collectively, the “Trademarks”) are registered or unregistered trademarks owned by or licensed to CannaX or our affiliates, unless otherwise identified as being owned by another entity. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any licence or right, either express or implied, under any patent or Trademark of CannaX or any third party. No use of any Trademark may be made without our prior written authorization, except to identify the products or services of CannaX.
c. Export Restrictions
You acknowledge that the Software is of Croatian origin. You agree to comply with all applicable international and national laws that apply to the Software, including the EU. Export Administration Regulations, as well as end-user, end-user and destination restrictions issued by the EU and other governments.
d. Legal Fees.
In the event that either party shall bring any action to enforce or protect any of its rights under this EULA, the prevailing party shall be entitled to recover, in addition to its damages, its reasonable legal fees and costs (including those of in-house counsel) incurred in connection therewith.
e. Governing Jurisdiction.
This EULA is governed by the laws of Croatia excepting its conflicts or choice of law provisions. The parties hereby agree to irrevocably attorn to the exclusive jurisdiction of the courts of the Croatia. The venue shall be Split.
f. Miscellaneous Provisions.
This EULA constitutes the entire agreement and understanding between CannaX and You and supersedes all prior and contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended, except in a writing or digitally signed by an authorized representative of CannaX and You. This EULA shall be binding upon the respective successors and assigns of the parties hereto. No delay or omission by either party in exercising any right under this EULA shall operate as a waiver of that or any other right. If any provision of this EULA shall be held invalid or unenforceable for any reason, such invalidity or unenforceability shall attach only to such provision and shall not affect or invalidate any other provision of this EULA. For purposes of this EULA, “Affiliate” means an entity controlled by, controlling, or under ultimate common control of a party signing below. Furthermore, the person signing on behalf of the entity named below, has the authority to bind that entity and all of its Affiliates.
© 2019 CannaX Ltd.