“LIDAR POINTER” Software End User License Agreement (EULA)

PLEASE READ THE TERMS OF THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA” OR “LICENSE”) CAREFULLY BEFORE USING THE “LIDAR POINTER” SOFTWARE. BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, CLICKING ON AN “ACCEPT” BUTTON, OR OTHERWISE USING THE “LIDAR POINTER” SOFTWARE, 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 DOWNLOAD, INSTALL, COPY, ACCESS, CLICK ON AN “ACCEPT” BUTTON AND/OR USE THE “LIDAR POINTER” SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”. IF THE SOFTWARE WAS DOWNLOADED OR COPIED IN ANYWAY, DESTROY ALL COPIES OF THE SOFTWARE.

IF YOU DO AGREE TO THE TERMS OF THIS LICENSE, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE LICENSEE TO THE TERMS OF THE PRESENT LICENSE.

IMPORTANT NOTE: TO THE EXTENT THAT THE “LIDAR POINTER” SOFTWARE MAY BE USED TO IMPORT, UPLOAD, DOWNLOAD, REPRODUCE, GENERATE, MODIFY, PUBLISH, DISTRIBUTE AND/OR USE DATA, INFORMATION, MATERIALS OR CONTENT, IT IS LICENSED TO YOU ONLY FOR IMPORTATION, UPLOADING, DOWNLOADING, REPRODUCTION, GENERATION, MODIFICATION, PUBLICATION, DISTRIBUTION AND USE OF NON-COPYRIGHTED DATA, INFORMATION, MATERIALS OR CONTENT IN WHICH YOU OWN THE COPYRIGHT, OR DATA, INFORMATION, MATERIALS OR CONTENT YOU ARE AUTHORIZED OR LEGALLY PERMITTED TO IMPORT, UPLOAD, DOWNLOAD, REPRODUCE, GENERATE, MODIFY, PUBLISH, DISTRIBUTE OR USE. IF YOU ARE UNCERTAIN ABOUT YOUR RIGHT TO IMPORT, UPLOAD, DOWNLOAD, REPRODUCE, GENERATE, MODIFY, PUBLISH, DISTRIBUTE AND/OR USE ANY DATA, INFORMATION, MATERIALS OR CONTENT, YOU SHOULD CONTACT YOUR LEGAL ADVISOR. 

Article 1 – Parties

The present License is concluded between Goldgewicht Consulting (“Goldgewicht Consulting” or “Licensor”) and the person or legal entity (“You” or “Licensee”) who/which acquired a legitimate copy of the “LIDAR POINTER” Software from Goldgewicht Consulting or from a licensor of Goldgewicht Consulting or a party duly authorized by Goldgewicht Consulting.

Article 2 – Definitions

•	"Confidential Information" means any information of a proprietary or confidential nature disclosed or otherwise provided to You by Goldgewicht Consulting in connection with the “LIDAR POINTER” Software.

•	"“LIDAR POINTER” Software" means Goldgewicht Consulting’s “LIDAR POINTER” proprietary software, along with each and every one of its components, including but not limited to the source codes, interfaces, content, fonts, data, documentation, manuals, instructions, terms and conditions, modifications, prior and/or subsequent versions, diagnostic software, support materials and other materials provided by Goldgewicht Consulting with, within or for use in conjunction with, the “LIDAR POINTER” Software, including any Confidential Information, third-party software and open source components (except where they are considered individually or separately under this EULA), including their accompanying materials, as the case may be. 

•	“Update” means a minor amendment in or to the “LIDAR POINTER” Software, which may contain new minor features, content or improvements and shall be marked as a new sub-version number.

•	“Upgrade” means a material amendment in or to the “LIDAR POINTER” Software, which contains new features and/or major content or performance improvements and shall be marked as a new version number.

•	“Fix and Patch” means a minor amendment in or to the “LIDAR POINTER” Software, intended to remove bugs or alter minor features which impair the “LIDAR POINTER” Software's functionality. A fix or patch shall be marked as a new sub-sub-version number.

Article 3 – General Scope of the License

3.1.	The “LIDAR POINTER” Software is licensed, not sold, to You by Goldgewicht Consulting for use only under the terms of this License. 

3.2.	You may download and use the “LIDAR POINTER” Software for free and the present License is therefore granted to You on a royalty-free basis.

3.3.	Goldgewicht Consulting retains full ownership of the “LIDAR POINTER” Software itself and reserves all rights not expressly granted to You. 

3.4.	Goldgewicht Consulting, at its discretion, may make available future Updates or Upgrades to the “LIDAR POINTER” Software for Your compatible device. The “LIDAR POINTER” Software Updates and Upgrades, if any, may not necessarily include all existing software features or content or new features or content that Goldgewicht Consulting releases for newer or other models of devices. The terms of this License will govern any “LIDAR POINTER” Software Updates and Upgrades provided by Goldgewicht Consulting to the original “LIDAR POINTER” Software product, unless such Update or Upgrade is accompanied by a separate license in which case You agree that the terms of that license will govern such Update or Upgrade.

Article 4 – Permitted Licensed Uses and Restrictions

4.1.	Licensed Uses: Subject to the terms and conditions of this License, Goldgewicht Consulting hereby grants You a limited, non-exclusive and non-transferable license (without the rights to sub-license or assign) on, and right to install and use, the “LIDAR POINTER” Software on any compatible device that You own or control for the following purposes:

(i)	To use the “LIDAR POINTER” Software to perform the following functions:

•	Measuring distance between your device and a surface;
•	Indicating the angle of inclination of your device;
•	Obtaining oral distance measurement through speech synthesis technology;
•	Turning on the flashlight of your device to get extra light when you need it.

and to that end,

(ii)	to download, install, use and run the “LIDAR POINTER” Software.

WARNING:
•	The “LIDAR POINTER” Software requires a device equipped with a LiDAR scanner;
•	The “LIDAR POINTER” Software measures a distance between 1 cm and 5 meters maximum (only if a surface is detected by the LiDAR).

4.2.	Compatibility with Your own device: Full operability, compatibility and use of some features or content of the “LIDAR POINTER” Software will depend on the features of Your own device. 

Goldgewicht Consulting shall not be held responsible for any dysfunction, error, lack of performance, discontinuation, out of date hardware or software, lack of updates or any loss or damage caused by Your, or Your use of Your own device or associated software which Goldgewicht Consulting has no control over. In particular, You expressly acknowledge and agree that Goldgewicht Consulting has no control over any changes or updates that Your own device’s manufacturers may bring or make on or to Your own device or associated software and that Goldgewicht Consulting shall not be held responsible for any full or partial dysfunction, inoperability or lack of performance of the “LIDAR POINTER” Software which may result from said changes or updates brought or made by Your own device’s manufacturers.

In any case, You are responsible for checking the compatibility and full operability of Your own device or associated software and possible changes and updates thereof before using the “LIDAR POINTER” Software and for checking that any use that You make of Your own device or associated software complies with all general conditions, terms of use, EULAs, privacy policy, intellectual property, image rights and other regulations or rules applicable and/or provided to You by the manufacturer of Your own device or associated software.

You acknowledge that Goldgewicht Consulting is not related in any way to the manufacturer of Your own device or associated software and that any claims pertaining to this material should be addressed to their respective manufacturers. Likewise, all intellectual property rights relating to Your own device or associated software, including all trademarks, logos and other intellectual property rights, are owned by the relevant third parties.

4.3.	Location data: Your own compatible device may provide certain features or services through the “LIDAR POINTER” Software that use and/or rely upon location information. To provide such features and services, where available, Your own device may transmit, collect, maintain, process and use Your location data. Please bear in mind that by using the location data features which may be provided by the manufacturer of Your own device or by any other third party’s hardware, software or services through the “LIDAR POINTER” Software, You are subject to and should review such manufacturer’s or such third party's terms and privacy policy on use of Your location data by such manufacturer or such third party. Please refer to Article 11 for further information about Goldgewicht Consulting’s Privacy Policy and Personal Data Processing. Location data may not be available for all areas and is provided, as the case may be, solely as a convenience to You. Goldgewicht Consulting does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed by or through the “LIDAR POINTER” Software. 

4.4.	Content and Digital Materials: The “LIDAR POINTER” Software may contain media content, including but not limited to, content, photographs, images, graphics, artwork, audio, video, multimedia or similar assets (“Content and Digital Materials”). Except as otherwise provided, this Content and Digital Materials is proprietary to Goldgewicht Consulting and is protected by applicable intellectual property and other laws, including but not limited to copyright, and as such may not be used nor distributed, commercially or otherwise, by You in any way.

4.5.	Authorized Users – Number of Users: The present License is granted by Goldgewicht Consulting to the Licensee only and is expressly limited to the use of the “LIDAR POINTER” Software by the Licensee. The Licensee assumes full responsibility and liability for compliance with all of the terms and conditions of this EULA and any act or omission which would not comply with all of the terms and conditions of this EULA would constitute a breach of this EULA.

4.6.	Limitations of Licensed Uses: No other right is granted to You by Goldgewicht Consulting under this EULA, either expressly, by implication, or otherwise.

4.7.	Other Use Restrictions: In addition to all other restrictions in this EULA, You expressly agree that You shall not:

(i) Reproduce, duplicate and/or make any copies of the “LIDAR POINTER” Software or any of its components or materials provided with it, other than those specifically authorized under this License;

(ii) Modify the “LIDAR POINTER” Software in any way;

(iii) decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to perceive, decrypt, modify or derive the source code of the “LIDAR POINTER” Software, or create derivative works or other versions of the “LIDAR POINTER” Software or any of its components or materials provided with it to the extent Goldgewicht Consulting can prohibit such acts by law (except as and only to the extent any foregoing restriction is prohibited by applicable law or by the licensing terms governing use of Open-Sourced Components (as defined in Article 9) that may be included within the “LIDAR POINTER” Software); 

(iv) Remove any of Goldgewicht Consulting’s (or third-party’s) copyright, patent, trademark, trade sign, design, or other proprietary notices or rights from the “LIDAR POINTER” Software or from any third-party software or components included within it;

(v) Copy, distribute or otherwise make available the “LIDAR POINTER” Software or any of its components or materials provided with it, directly or indirectly, for any use by any other person or entity, whether in a time-sharing, service bureau, or other arrangement, or over a network where it could be run or used by multiple computers at the same time;

(vi) Transfer the “LIDAR POINTER” Software or any of its components or materials provided with it, except as expressly authorized in writing by Goldgewicht Consulting;

(vii) Modify or render inoperable any hardware or software key, or other encryption device or code required to use the “LIDAR POINTER” Software;

(viii) Modify or render inoperable any license management software included with the “LIDAR POINTER” Software; 

(ix) Assign, sublicense, sell, lease or otherwise transfer or convey, or pledge as security or otherwise encumber, any part or all of the Licensee’s rights under this EULA to any third party;

(x) Rent, lease, lend, loan, sell, distribute, redistribute or sublicense the “LIDAR POINTER” Software; 

(xi) Distribute or make the “LIDAR POINTER” Software available over a network where it could be used by multiple devices at the same time;

(xii) Use the “LIDAR POINTER” Software in any unauthorized way whatsoever, including but not limited to, using the “LIDAR POINTER” Software to transmit any computer viruses, worms, trojan horses or other malware, or by trespassing or burdening network capacity or in any manner to spy on, harass, abuse, stalk, threaten, defame or otherwise infringe, offend or violate the rights of Goldgewicht Consulting or of any other party;

(xiii) Use the “LIDAR POINTER” Software in violation of any applicable laws, rules, or regulations. In this regard, You agree to use the “LIDAR POINTER” Software 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 “LIDAR POINTER” Software.

Article 5 – System Requirements 

“LIDAR POINTER” Software is supported only on hardware that meets specified system requirements as indicated by Goldgewicht Consulting. 

Article 6 – Updates, Fixes and Patches – Bug Notifications – Automatic Updates - Upgrades

6.1.	Update, Fix or Patch: Goldgewicht Consulting shall make its best efforts to provide You with the Updates, Fixes or Patches as developed by Goldgewicht Consulting and/or as required for normal use of the “LIDAR POINTER” Software according to the Licensed Uses. You expressly acknowledge and agree that Goldgewicht Consulting has no express or implied obligation to develop and/or to provide You with such Updates, Fixes or Patches. When You receive and install an Update, Fix or Patch for the “LIDAR POINTER” Software, You accept any additional or different terms that are applicable to such Update, Fix or Patch that may be specified in any EULA provided with it by Goldgewicht Consulting. If no additional or different terms are provided by Goldgewicht Consulting, then the Update, Fix or Patch is subject solely to the present EULA. 

6.3.	Bug Notification: You may provide Goldgewicht Consulting with details regarding any bug, defect or failure in the “LIDAR POINTER” Software promptly and with no delay from such event. In such case, You shall comply with Goldgewicht Consulting's reasonable request for information regarding bugs, defects or failures and provide Goldgewicht Consulting with information, screenshots or otherwise as required to try and fix such bugs, defects or failures.

6.4.	Automatic Updates: If You choose to allow automatic updates for the “LIDAR POINTER” Software, Your device will periodically check with Apple for updates to the “LIDAR POINTER” Software and, if an update is available, the update will automatically download and install onto Your device and, if applicable, Your peripheral devices. You can turn off the automatic updates altogether at any time by changing the automatic updates settings of the “LIDAR POINTER” Software.

6.5.	Upgrades: Goldgewicht Consulting may develop material amendment in or to the “LIDAR POINTER” Software, including new features or content and/or major content or performance improvements, referred to as “Upgrades” of the “LIDAR POINTER” Software at its sole discretion. You expressly acknowledge and agree that Goldgewicht Consulting has no express or implied obligation to develop and/or to provide You with such Upgrades. You may, at Your sole discretion, access or purchase such Upgrades from Goldgewicht Consulting, as the case may be. When doing so, You accept any new, additional or different terms that are applicable to such Upgrades that may be specified in any EULA provided with it. If no additional or different terms are provided, then the Upgrades are subject solely to the present EULA.

Article 7 – Intellectual Property

7.1.	You acknowledge that the “LIDAR POINTER” Software includes proprietary content, information and materials which are protected by copyright and other intellectual property laws and international treaties and You agree that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the “LIDAR POINTER” Software or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of Goldgewicht Consulting or of a third party.

7.2.	You acknowledge that Goldgewicht Consulting retains all title and full proprietary and ownership rights in and to the “LIDAR POINTER” Software, including in and to each and every one of its components, including but not limited to the source code, interfaces, content, fonts, data, documentation, manuals, instructions, terms and conditions, modifications, prior and/or subsequent versions, changes, modifications, diagnostic software, support materials and other materials provided with it, all of which contain Goldgewicht Consulting’s proprietary or confidential information. The “LIDAR POINTER” Software and any Goldgewicht Consulting’s proprietary rights pertaining thereto (including all patents, trademarks, copyrights, trade secrets, service marks, Confidential Information, etc.), remain the exclusive property of Goldgewicht Consulting and no title or right thereto (except the explicit License granted herein) is granted or transferred to You by this EULA.

7.3.	Title and intellectual property rights in and to any content, photographs, images, high-dynamic-range images, graphics, artwork, audio, video, multimedia or similar assets (“Content and Digital Materials”) displayed by or accessed through the “LIDAR POINTER” Software, belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided in this License, (i) this License does not grant You any rights to use such content nor does it guarantee that such content will continue to be available to You, and (ii) You may not use, extract or distribute, commercially or otherwise, on a standalone basis, any Content and Digital Materials contained within, or provided as a part of, the “LIDAR POINTER” Software or through any product, service or support from Goldgewicht Consulting, or otherwise use the Content and Digital Materials outside the context of its intended use as part of the “LIDAR POINTER” Software. 

Article 8 – Open Source Components 

8.1.	You acknowledge and agree that the “LIDAR POINTER” Software may include third party open source components, programs and/or software considered to be “open source” software under the Open Source Initiative with source code licensed under the GPL, LGPL, Creative Commons and other applicable open source licenses (“Open Source Components”). 

8.2.	Acknowledgements for such Open Source Components are contained in Article 15.11 below. Please refer to the provisions of Article 15.11, since additional rights in and to the Open Source Components may exist and be applicable to You.

8.3.	You acknowledge and agree that such Open Source Components are not licensed pursuant to the provisions of this EULA and that this EULA may not be construed to grant any such right and/or license to use such Open Source Components. You shall have only such rights and/or licenses, if any, to use such Open Source Components as are set forth in the relevant licenses identified by the manufacturer of such Open Source Components. 

8.4.	Goldgewicht Consulting will have no obligation whatsoever under this EULA to support or maintain any such Open Source Components, nor will Goldgewicht Consulting have any liability under this EULA, regardless of the nature of the claim or the nature of the claimed or alleged damages, including, without limitation, direct, indirect, incidental, consequential or punitive damages, for any claim arising from or related to Your use of the Open Source Components, and Goldgewicht Consulting disclaims any and all representations and warranties, express, implied or statutory, with respect to any and all such Open Source Components, including without limitation, any warranties of merchantability, fitness for a particular purpose, system integration, data accuracy, title, non-infringement, quiet enjoyment, and/or non-interference. 

8.5.	Goldgewicht Consulting shall not be held responsible for any dysfunction, error, lack of performance, discontinuation, lack of updates, damage or any loss or damage caused by Your, or Your use of such Open Source Components. 

8.6.	You acknowledge and agree that the foregoing disclaimers, limitations and exclusions of liability form an essential basis of the License, absent which the terms of this EULA, including, without limitation, the economic terms, would be substantially different.

Article 9 – Legitimate copy and license

You agree that prior to obtaining and/or installing the “LIDAR POINTER” Software in any country or jurisdiction, You shall verify, at Your sole expense, that You are acquiring a legitimate copy and license of the “LIDAR POINTER” Software. You understand and agree that non-compliance with this section voids this EULA and may raise legal actions for intellectual property infringement.

Article 10 – Privacy Policy and Personal Data Processing

10.1. You agree that Goldgewicht Consulting may collect, maintain, process and use diagnostic, technical, usage and related information (the “Information”), as long as it is in a form that does not personally identify You, to improve the “LIDAR POINTER” Software, to provide or facilitate the provision of software Updates, product support or related products, services or technologies to You. The Information includes but is not limited to unique system or hardware identifiers, information about Your own compatible device, computer, system and application software, and peripherals.

10.2. Goldgewicht Consulting may provide certain services through the “LIDAR POINTER” Software that rely upon location information. To provide and improve these services, where available, Goldgewicht Consulting may transmit, collect, maintain, process and use Your location data. The location data and queries collected by Goldgewicht Consulting are collected in a form that does not personally identify You and may be used by Goldgewicht Consulting to provide and improve location-based products and services. By using any location-based services provided by or through the “LIDAR POINTER” Software, You agree and consent to Goldgewicht Consulting’s transmission, collection, maintenance, processing and use of Your location data and queries to provide and improve such products and services. You may withdraw this consent at any time by going to the Location Services setting on Your compatible device and either turning off the global Location Services setting or turning off the individual location setting for the “LIDAR POINTER” Software.

10.3. The processing of any personal data by Goldgewicht Consulting is based on and in compliance with the applicable law, in particular, the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC ("the GDPR"). 

10.3.1. The Controller: The controller of personal data is Goldgewicht Consulting, a French company registered at the Company and Trade Registry of Paris under No. 823 517 578, which headquarters are located 75 avenue Parmentier, 75011 Paris, France. You may contact Goldgewicht Consulting at the aforementioned address or by email at lidar.pointer@gmail.com.  

10.3.2. Purpose of the personal data processing: In the context of its business activity, Goldgewicht Consulting collects and processes personal data for the purposes related to its business activity, in particular, the conclusion and performance of contracts to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (under Article 6(1)(b) of the GDPR), in order to comply with a legal obligation to which Goldgewicht Consulting is subject (under Article 6(1)(c) of the GDPR), to protect the vital interests of the data subject or another natural person (under Article 6(1)(d) of the GDPR), as well as, pursuant to Article 6(1)(f) of the GDPR, for the purposes of the legitimate interests pursued by Goldgewicht Consulting, including for marketing purposes, keeping business contacts, securing, asserting as well as defending against claims and asserting claims and ensuring data security. Goldgewicht Consulting takes any steps as required to ensure that the processed personal data is adequately secured. The personal data may be collected directly from the data subject or from a third party cooperating with Goldgewicht Consulting. Goldgewicht Consulting processes personal data on the basis that the data subject has given consent to the processing of their personal data for one or more specific purposes. To the extent that the personal data is processed for the conclusion or performance of a contract, the provision of the data is voluntary but necessary for the conclusion and performance of the contract. If personal data is not provided, the contract may not be concluded. Providing certain information is also a legal obligation, e.g. to issue an invoice. 

10.3.3. Personal data recipients: In some cases in the context of its business activity, Goldgewicht Consulting may disclose the personal data to third parties, in particular, to legal and accounting service providers, couriers and transport companies, providers of IT systems and equipment, marketing agencies, banks and payment institutions or public bodies. Data is also disclosed to entities related to Goldgewicht Consulting, including controlling or controlled companies, Goldgewicht Consulting’s licensors or distributors. 

10.3.4. Personal data processing period: If personal data is collected for the purpose of performing an order or concluding a contract, the personal data is stored from the moment of data collecting until the contract termination or contract performance after the moment of its termination. In the case of personal data collection in order to fulfill obligations resulting from the law, the personal data shall be kept for the period of fulfilling obligations and tasks resulting from individual law provisions. In the case of personal data processing for the purposes of Goldgewicht Consulting’s legitimate interests, the personal data shall be kept for no longer than five (5) years from the date of contract termination or until a reasoned objection is raised to the processing for such purposes. In the case of personal data collected voluntarily, the personal data shall be kept until the consent is revoked. The period of personal data processing may be extended when the processing is necessary to establish, assert or defend against a possible claim, and after that period only if required by law and to the extent required by law.

10.3.5. Rights of the data subject: The data subject has the right to access, rectify, erase, delete, object to, limit the processing of, and portability of their personal data. In the case of personal data collected voluntarily, the data subject may also withdraw their consent at any time, without prejudice to the lawfulness of processing carried out on the basis of the consent before the withdrawal. In addition, the data subject has the right to address a claim to Goldgewicht Consulting either by post or by email (see details above) and to lodge a complaint with the supervisory authority. In France, the supervisory authority currently is the Commission Nationale de l'Informatique et des Libertés (CNIL).

10.3.6. Apple Customer Privacy Policy: The “LIDAR POINTER” Software is meant for use with Your own compatible device. Through Your use of the “LIDAR POINTER” Software on Your own compatible device, Apple may collect, maintain, process and use diagnostic, technical, usage and related information and location data about You, Your device or information, data and content used or made through Your use of the “LIDAR POINTER” Software. Please note that You are subject to and should review Apple’s terms and privacy policy on use of information, data and content and location data. At the date the present terms were made or last updated, Apple’s Privacy Policy can be viewed at: https://www.apple.com/legal/privacy/.   
 

Article 11 – Import, Upload, Download, Reproduction, Generation, Modification, Publication, Distribution and/or Use of Data, Information or Content by the Licensee

The “LIDAR POINTER” Software may allow You to import, upload, download, reproduce, generate, modify, publish, distribute and/or use data, information or content for the purpose of running certain functionalities of the “LIDAR POINTER” Software. To the extent that You import, upload, download, reproduce, generate, modify, publish, distribute and/or use any such data, information or content for use with or through the “LIDAR POINTER” Software or the Server, You warrant and represent that You own all rights in and to, or have authorization or are otherwise legally permitted to import, upload, download, reproduce, generate, modify, publish, distribute and/or use, such data, information or content and that such data, information or content does not violate any terms of this EULA or violate or infringe any third parties’ rights, included but not limited to intellectual property rights. 

Article 12 – Disclaimer of Warranties – Limitation of Liability

12.1.	YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE “LIDAR POINTER” SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.  

12.2.	YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE “LIDAR POINTER” SOFTWARE IS PROVIDED BY GOLDGEWICHT CONSULTING “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GOLDGEWICHT CONSULTING HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE “LIDAR POINTER” SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, EFFORT, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 

12.3.	YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOLDGEWICHT CONSULTING DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE “LIDAR POINTER” SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE “LIDAR POINTER” SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE “LIDAR POINTER” SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE “LIDAR POINTER” SOFTWARE WILL CONTINUE TO BE MADE AVAILABLE, THAT THE “LIDAR POINTER” SOFTWARE WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY HARDWARE, PRODUCTS OR SERVICES, OR THAT DEFECTS IN THE “LIDAR POINTER” SOFTWARE WILL BE CORRECTED. INSTALLATION OF THE “LIDAR POINTER” SOFTWARE MAY AFFECT THE AVAILABILITY AND USABILITY OF THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY HARDWARE, PRODUCTS OR SERVICES, AS WELL AS GOLDGEWICHT CONSULTING PRODUCTS AND SERVICES.

12.4.	YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE “LIDAR POINTER” SOFTWARE IS 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 “LIDAR POINTER” SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING BUT NOT LIMITED TO THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. 

12.5.	YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FUNCTIONALITIES, INFORMATION AND DATA PROVIDED BY THE “LIDAR POINTER” SOFTWARE, INCLUDING BUT NOT LIMITED TO THE DISTANCE MEASURING FUNCTIONALITIES AND RESULTING INFORMATION AND DATA, ARE PROVIDED TO YOU PURELY AS AN ASSISTANCE AND FOR INFORMATION ONLY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION AND DATA OBTAINED BY USING THE DISTANCE MEASURING FUNCTIONALITIES OF THE “LIDAR POINTER” SOFTWARE IS PURELY INDICATIVE AND NON-BINDING. IN NO EVENT SHALL GOLDGEWICHT CONSULTING BE LIABLE FOR ANY ERRORS OR INACCURACIES IN THE INFORMATION AND DATA PROVIDED BY THE “LIDAR POINTER” SOFTWARE OR FOR ANY RESULTING DAMAGE, INCLUDING DEATH, PERSONAL INJURY, SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, ETC. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE “LIDAR POINTER” SOFTWARE IS AT YOUR SOLE RISK AND YOU SHOULD ALWAYS TAKE ANY NECESSARY STEPS TO GUARANTEE YOUR OWN SAFETY AND THE SAFETY OF OTHERS.

12.6. THE “LIDAR POINTER” SOFTWARE ALLOWS YOU TO TURN ON THE FLASHLIGHT OF YOUR DEVICE TO GET EXTRA LIGHT WHEN YOU NEED IT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE SOLELY RESPONSIBLE FOR ANY USE YOU MAKE OF THE FLASHLIGHT OF YOUR DEVICE. IN NO EVENT SHALL GOLDGEWICHT CONSULTING BE LIABLE FOR ANY MISUSE OF THE FLASHLIGHT OF YOUR DEVICE OR FOR ANY RESULTING DAMAGE, INCLUDING DEATH, PERSONAL INJURY, SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, ETC. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE FLASHLIGHT OF YOUR DEVICE IS AT YOUR SOLE RISK AND YOU SHOULD ALWAYS TAKE ANY NECESSARY STEPS TO GUARANTEE YOUR OWN SAFETY AND THE SAFETY OF OTHERS.

12.7.	YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GOLDGEWICHT CONSULTING OR A GOLDGEWICHT CONSULTING AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE “LIDAR POINTER” SOFTWARE 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. 
 
12.8.	YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOLDGEWICHT CONSULTING 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 OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL CLAIMS, DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE, DEFICIENCY, INADEQUACY, ERROR, INTERRUPTION OR LOSS OF SERVICE OF THE “LIDAR POINTER” SOFTWARE OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE “LIDAR POINTER” SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GOLDGEWICHT CONSULTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL GOLDGEWICHT CONSULTING'S LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE LICENSE FEES ACTUALLY PAID BY YOU FOR THE LICENSE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12.9.	FOR PURPOSES OF CLARITY, GOLDGEWICHT CONSULTING EXPRESSLY DISCLAIMS ANY WARRANTY OF NON- INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY OF ANY THIRD PARTY.

12.10.	TO THE EXTENT YOU CHOOSE TO USE THE “LIDAR POINTER” SOFTWARE, YOU DO SO AT YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ANY APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO APPLICABLE LOCAL LAWS AND PRIVACY AND DATA COLLECTION LAWS.

12.11.	If You are someone who uses the “LIDAR POINTER” 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 consumer rights, You should contact a local consumer advice organization. 

12.12.	Both parties acknowledge that the provisions of the present Article 13 are an essential part of this License, absent which the terms of this EULA, including, without limitation, the economic terms, would be substantially different.

Article 13 – Compliance with Apple’s Minimum Terms of Developer’s End-User License Agreement

13.1.	Acknowledgement: The present EULA is concluded between Goldgewicht Consulting and You only, and not with Apple, and Apple is not responsible for the “LIDAR POINTER” Software and the content thereof.

13.2.	Scope of License: The present License, granted to You for the “LIDAR POINTER” Software, is a non-transferable license to use the “LIDAR POINTER” Software on any Apple-branded Products that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the “LIDAR POINTER” Software may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

13.3.	Maintenance and Support: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the “LIDAR POINTER” Software.

13.4.	Warranty: In the event of any failure of the “LIDAR POINTER” Software to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Licensed Application, if any, to You; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the “LIDAR POINTER” Software, and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

13.5.	Product Claims: Apple is not responsible for addressing any claims from You or a third party relating to the “LIDAR POINTER” Software or Your possession and/or use of the “LIDAR POINTER” Software, including, but not limited to: (i) product liability claims; (ii) any claim that the “LIDAR POINTER” Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your “LIDAR POINTER” Software’s use of the HealthKit and HomeKit frameworks.

13.6.	Intellectual Property Rights: In the event of any third party claim that the “LIDAR POINTER” Software or Your possession and use of the “LIDAR POINTER” Software infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

13.7.	Legal Compliance: You represent and warrant that 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

13.8.	Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the “LIDAR POINTER” Software.

13.9.	Third Party Beneficiary: Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and upon Your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.

Article 14 – Miscellaneous

14.1.	Export Controls: In the event that the provision of the “LIDAR POINTER” Software or any component or part thereof or related materials is prohibited by export control laws or regulations, Goldgewicht Consulting shall have no obligation whatsoever to deliver the “LIDAR POINTER” Software or any component or part thereof or related materials to You. In such case, Goldgewicht Consulting shall have no liability to You or any third party for its failure to deliver the “LIDAR POINTER” Software or any component or part thereof or related materials to You. In the event You have paid any amount to Goldgewicht Consulting, that amount shall, at Goldgewicht Consulting's option, either be refunded or credited against any outstanding amounts due from You. You shall not export the “LIDAR POINTER” Software or any component or part thereof or related materials in violation of any applicable laws, rules, or regulations.

14.2.	Force Majeure: Neither party shall be responsible for any delay or failure to perform any of its obligations under this EULA if such delay or failure result from events, circumstances or causes beyond its reasonable control.

14.3.	Complete Agreement – Severability: This EULA, together with any separate ordering document and terms and conditions executed between, and agreed upon by, Goldgewicht Consulting and You, represents the sole and exclusive agreement between the parties, and supersedes and cancels any previous agreement, whether written or oral, between the parties with respect to the subject matter of this EULA. Neither party shall be bound by any term, provision, condition, definition, guarantee, or representation other than those set forth herein. Should any provision of this EULA be found by a court of competent jurisdiction to be unenforceable, invalid, or illegal in any respect, the remaining provisions of this EULA shall be enforceable to the maximum extent possible.

14.4.	Controlling Law: This License will be governed by and construed in accordance with the laws of France, 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.

14.5.	Jurisdiction: All rights, duties, and obligations are subject to the competent courts of France.

14.6.	Governing Language: The English language applies to the present License. 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.

14.7.	Headings: The section headings used in this EULA are intended for reference purposes only and shall not affect the interpretation or construction of any provision of this EULA.

14.8.	Waiver: The failure of either party to enforce any section or part of this EULA, or any right under this EULA, shall not be construed as a waiver of such provision or right to subsequently enforce that or any other provision of this EULA.

14.9.	Independent Parties: The parties to this EULA are independent entities. Nothing in this EULA shall be construed as creating a joint venture, partnership, agency, or employment relationship between Goldgewicht Consulting its employees, or agents, and You.

14.10.	Termination: This License is effective until terminated. You may terminate this License at any time by returning and/or removing or deleting the “LIDAR POINTER” Software and materials together with all copies. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Goldgewicht Consulting if You fail to comply with any terms of this License. All licenses to the “LIDAR POINTER” Software terminate automatically when this License terminates, and You must remove or delete all copies of the “LIDAR POINTER” Software and materials, including any updates or prior versions, upon termination of this License. Upon the termination of this License, You shall cease all use of the “LIDAR POINTER” Software and remove or delete all copies, full or partial, of the “LIDAR POINTER” Software. Any terms of this EULA that by their nature extend beyond termination of this EULA remain in effect until fulfilled and apply to both parties’ respective successors and assignees.

14.11.	Third Party Acknowledgements: Portions of the “LIDAR POINTER” Software may utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are provided for in the list made available on the AppStore’s page of the “LIDAR POINTER” Software, as well as in the “LIDAR POINTER” Software itself, and Your use of such material is governed by their respective terms.

14.12.	EULA Version: This EULA was last updated on July 15, 2021 under No. 1.0.

14.13.	Licensor’s Identity and Contact: Any questions, complaints or claims with respect to the “LIDAR POINTER” Software should be directed or addressed to Goldgewicht Consulting, a French company registered at the Company and Trade Registry of Paris under No. 823 517 578, which headquarters are located 75 avenue Parmentier, 75011 Paris, France. You may contact Goldgewicht Consulting at the aforementioned address or by email at lidar.pointer@gmail.com.