Therm-App MD User Manual
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7.
Mobile Device Compatibility Requirements.
Currently the Product may only be used with a Compatible Mobile Device running Android
operating system version 5.1 and above supporting USB Host mode (USB-OTG "USB On The Go"). NO WARRANTIES FOR THE SOFTWARE.
THE SOFTWARE IS PROVIDED “AS IS” AND WITH ALL FAULTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT (INCLUDING LACK OF NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT.
8.
LICENSE LIMITATIONS.
You may not reverse engineer, decompile or disassemble the Software, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding this limitation, or according to open source licenses listed below.
9.
SOFTWARE UPDATES.
Opgal may issue software updates from time to time and you can update the Software downloading a new APK,
contact your account manager for more information.
10.
SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS.
You may permanently transfer rights in the Software only as part of a
permanent sale or transfer of the Product, and only if the recipient agrees to the terms of this License. If the Software is an upgrade, any
transfer must also include all prior versions of the Software.
11.
OWNERSHIP AND COPYRIGHT.
The Product, the Software and the Documentation are owned, copyrighted or licensed to Opgal or its
third-party suppliers. Your license, under Section 6 above, confers no title or ownership in the Software or the Documentation and should
not be construed as a sale of any rights in the Software or the Documentation. Opgal’s third party suppliers may protect thei
r rights in
the event of any violation of these terms. Except as detailed below with respect to open source software, no parts of the Software or the
Documentation including source code may be reproduced, transmitted, transcribed or translated into any language or computer language
in any form or by any means, electronic, magnetic, optical, manual or otherwise without the prior written permission of Opgal. Names and
marks appearing on the Product are either registered trademarks or trademarks of Opgal and/or its affiliates and/or its licensors.
12.
OPEN SOURCE SOFTWARE.
The table below lists the open source software included in the Software, and the licenses applicable to the
use of such open source software modules. Notwithstanding anything to the contrary, nothing in this document will limit your rights
under, or grant you rights that supersede, the terms of such licenses to the extent they apply to such open source software.
Software License Agreement Location
Android Support lib
http://www.apache.org/licenses/license-2.0
Aspectjrt
http://projects.eclipse.org/content/eclipse-public-license-1.0
Dropbox Sync SDK
http://www.apache.org/licenses/license-2.0
Isoparser
http://www.apache.org/licenses/license-2.0
LibUSB library
https://www.gnu.org/licenses/lgpl-2.1.html
Google analytics SDK
http://www.apache.org/licenses/license-2.0
13.
LICENSE TERM AND TERMINATION.
Unless otherwise specified, any license granted is perpetual, provided however that if you fail to
comply with the terms of the license, Opgal may terminate the license upon written notice. Immediately upon termination, you will cease
any use of the Software.
14.
LIMITATION OF LIABILITY
. OPGAL’S LIABILITY TO YOU UNDER THIS DOCUMENT IS LIMITED TO THE AMOUNT PAYABLE BY YOU TO
OPGAL OR ITS AUTHORIZED RESELLER FOR THE PRODUCT. NEITHER YOU NOR OPGAL WILL BE LIABLE FOR LOST REVENUES OR PROFITS,
DOWNTIME COSTS, LOSS OR DAMAGE TO DATA OR INDIRECT, SPECIAL OR CONSEQUENTIAL COSTS OR DAMAGES. THIS PROVISION
DOES NOT LIMIT EITHER PARTY’S LIABILITY F
OR: UNAUTHORIZED USE OF INTELLECTUAL PROPERTY, DEATH OR BODILY INJURY CAUSED
BY THEIR NEGLIGENCE; ACTS OF FRAUD; WILLFUL MISCONDUCT; NOR ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY
APPLICABLE LAW.
15.
EXPORT REGULATIONS.
The Product may be subject to export laws and regulations in your country. Before you export, re-export or
transfer the Product, you must verify if any export approval or license is required. Obtaining such approval or license is your exclusive
responsibility and Opgal makes no representation or warranty regarding the issuance of export license for the Product.
16.
GENERAL.
This document represents our entire understanding with respect to its subject matter and supersedes any previous
communication or agreements that may exist. Modifications to this document will be made only through a written amendment signed by
both parties. This document will be governed by the exclusive laws of the state of Israel, excluding rules as to choose and conflict of law.
The courts of Israel will have exclusive jurisdiction over all claims arising out of or relating to this document, and you hereby consent and
submit to such exclusive jurisdiction. It is agreed that the United Nations Convention on Contracts for the International Sale of Goods will
not apply. Judgments of the foregoing courts will be enforceable in any country.
