Please read this EULA carefully, as it sets out the terms and conditions upon which we license our Software for use.
Once you download Lollipop app and sign up for an account to get started, by logging in, you agree to be bound your agreement to the terms and conditions of this EULA.
By the terms and conditions of this EULA, You further agree that your family / any person you authorize to use the Software will also be bound by the terms and conditions of this EULA. If you do not agree to this EULA, you must to remove the Lollipop app to stop using any services we provide.
1. Definitions and interpretation
- 1-1. “Certified Hardware” means computer equipment that has been approved and certified by Us as interoperable with Our Software. A list of that hardware can be found at https://www.lollipop.camera/camera?lang=en. Other hardware may be submitted for general or limited certification.
- 1-3. “Cloud Services” means Our internet-based or hosted offerings.
- 1-4. “Documentation” means Our operating manuals and technical literature describing the features, functions, certifications and other characteristics of the Software and Cloud Services.
- 1-5. “Delivery” means the date on which We make the license key for the applicable Software available to You or when We make the Software or Cloud Services otherwise available to You for use.
- 1-6. “Entitlement” means Our statement of the SKUs, types, quantities or other metrics for Our Products provided to You. We will supply You with a copy of each Entitlement and make it available in the Portal.
- 1-7. “Error” means any reproducible failure of the Software or Cloud Services to substantially perform any material function as set forth in the Documentation.
- 1-8. “Partner” means any entity that is authorized by Us to distribute, resell, act as a service provider or otherwise provide Our Products to You.
- 1-9. “Products” means Our Software, Cloud Services, Support Services, Professional Services and applicable Documentation.
- 1-10. "Service Levels” means the availablility and uptime warranties applicable to the Cloud Services which can be found at https://support.lollipop.camera/hc/en-us/articles/900001317923-Privacy-Policy subject to planned downtime and any unscheduled emergency maintenance.
- 1-11. “Service Provider” means a Lollipop Partner who has entered into an agreement with Lollipop to act as a provider of a service which employs the Software or Cloud Services.
- 1-12. “Software” means the Lollipop-branded computer programs specified in the Entitlement, Updates and Upgrades provided as part of Support Services, and APIs, libraries, utilities, tools, add-ons, license keys and other executables related to the Software or Cloud Services.
- 1-13. “Subscription Term” means the duration of Your subscription to the applicable Software, Support Services and/or Cloud Services as specified in the Entitlement.
- 1-14. “Support Policies” means Our Software End of Life Policy, Our Versioning and Compatibility Matrix, Our extended Support Policy, Our Third Party Hardware and Software Policy and Our Return Material Authorization Policy, which can be found at https://store.lollipop.camera/delivery-and-returns.
- 1-15. “Support Services” means Our Software support and maintenance offerings described in the Support Guide.
- 1-16. “Update” means either a Minor Release, Maintenance Release or Patch Release as defined in the Support Guide.
- 1-17. “Upgrade” means a Major Release as defined in the Support Guide.
- 1-18. “Your Content” means any data, software, applications, content, websites, platforms and services that You introduce into or otherwise use in connection with the Products
- 2-1. License Grant. We grant You a limited, non-exclusive, non-transferable, worldwide license to download, install and use the Software (in object code form only) and its Documentation for Your internal personal purposes only.
- 2-2. License Restrictions. You agree not to: (a) exceed the Usage Capacity or otherwise use the Software or its Documentation in breach of the Entitlement or this Agreement; (b) transfer, resell, rent, lease, distribute, sublicense or otherwise use Software or its Documentation in a service bureau, commercial hosting service or any similar capacity unless: (c) as otherwise explicitly permitted in the Entitlement; (d) disclose the results of any Software benchmark tests or competitive analysis; (e) decompile, disassemble or reverse-engineer any Software, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Software, except to the extent expressly permitted by applicable law; install or use the Software on (f) any hardware other than Certified Hardware and certified public cloud bare metal offerings; or grey-market hardware or components; (g) transfer or use any Life of Device Licenses on the hardware node other than that on which it was initially installed and supplied; (h) modify, adapt or create a derivative work of the Software or Documentation; or (i) remove, conceal or alter any product identification, copyright or other proprietary notices in the Software or Documentation; (j) assist or encourage any third party to do any of the foregoing.
3. Support Services
- 3-1. General. Depending on the software license type You purchase, Support Services are either included in the subscription (Term Based License) or available separately for a fee (Life of Device License). We will provide to You the level of Support Services specified in the Entitlement. The Support Services will be provided in the English language.
- 3-2. Scope of Support Services. Under a valid Support Service Entitlement, We shall: (a) provide You with access to the Portal; (b) respond to reported issues within the applicable timeframes in accordance with the mutually agreed priority level ascribed to the Error; (d) address Errors in the form of Updates or Upgrades, workarounds, procedural solutions, correction of Documentation errors, or other remedial measures as We may reasonably determine to be appropriate; and (e) provide You with access to the current versions of released software, including bug fixes, patches and any generally available Updates and Upgrades.
- 3-3. Out of Scope Support Services. Support Services exclude: Software that is end-of-life and no longer supported as outlined in Our Support Policies.
- 3-4. Exclusions. We shall have no obligation to provide Support Services for: (a) Software that is not registered and validly licensed; (b) any Errors which are attributable to third party products or modifications, alterations or repairs to the Software made by a party other than Us or a party authorized by Us; (c) any Errors which are attributable to the installation, operation or maintenance of the Software on hardware other than Certified Hardware or authorized public cloud bare metal offerings or otherwise not in accordance with the Documentation; or (d) for Software which is installed on hardware which is not currently covered under a valid support contract or if such hardware has greymarket or second-hand parts installed. We do not guarantee that Software will be compatible with the hardware You purchased except for Certified Hardware in accordance with Our Support Policies.
- 3-5. Your Responsibilities. It is Your responsibility to (a) register an account with Us at Our Portal (b) provide Us with access to Your systems, network, and personnel and make available to Us data, information and other materials necessary to perform the Support Services; (c) install Updates as reasonably directed by Us, ensure that licenses have been obtained for all Software and adhere to all licensing terms and conditions; (d) swiftly notify Us of any Error.
4. Cloud Services
- 4-1. General. If You purchase Cloud Services, We will make the Cloud Services available to You during the Subscription Term in accordance with the terms of this Agreement, the applicable Entitlement and Documentation.
- 4-2. Service Levels. The Service Levels will apply to the Cloud Services. If We fail to meet these Service Levels, Your sole and exclusive remedy will be the service credits specified therein.
- 4-3. Security and Protection of Your Content. If the Cloud Services include the transmission and processing of Your Content by Us, then We will maintain administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Content as specified in the Documentation. You are responsible for using and configuring the Cloud Services in such a manner that it will provide an appropriate level of security and protection from unauthorized access to Your Content.
- 4-4. Transmission of Your Content. If the applicable Cloud Services involves the transmission of Your Content, including to a third-party platform, then You are responsible for the transmission of and the security of Your Content to and from the Cloud Services.
- 4-5. Acceptable Use. You shall not use the Cloud Services to: (a) transmit or store any content that may pose threats or otherwise engage in any conduct that may disrupt the operation of the Cloud Services or interfere with any third-party; (b) manage specifically regulated data, including, but not limited to data subject to the Health Insurance Portability and Accountability Act, Basel II, Graham Leach Bliley and Payment Card Industry regulations; (c) conduct any abusive, harassing, slanderous, fraudulent, illegal, or defamatory activity; (d) violate any laws or third-party rights, including any intellectual property rights, personal data and privacy rights; or (e) conduct, directly or indirectly, any activities associated with cryptocurrency mining or similar endeavors.
- 4-6. Temporary Suspension. We may temporarily suspend Your rights to access the Cloud Services if You use the Cloud Services outside the scope of this Section 4.
5. Proprietary Rights
- 5-1. Our Products. We and Our licensors own all worldwide rights, titles, and interests in the Products including all related including copyrights, trademarks, service marks, patents, trade secrets, know-how, moral rights and all other proprietary rights, including registrations, applications, renewals and extensions of such rights existing anywhere in the world, whether registered or unregistered (“Intellectual Property Rights”). The Products are Our valuable trade secrets and constitute Our Confidential Information. Except for the rights explicitly granted to You in this Agreement, all rights, titles, and interests in the Products are reserved and retained by Us, Our affiliates, and/or Our licensors. You do not acquire any intellectual property or other rights in the Products as a result of downloading, installing, accessing or using the Products except as specified in this Agreement.
- 5-2. Your Content. You or Your licensors shall own all rights, titles, and interests in and to all of Your Content and You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all Your Content.
- 5.3. Feedback. If You choose to give Us any ideas, suggestions, enhancement requests, recommendations or any other materials in connection with this Agreement or Our Products (collectively, “Feedback”), You grant Us a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, and/or incorporate the Feedback into Our Products or otherwise commercially exploit such Feedback.
- 6-1. Exclusion. We have no obligation to indemnify You and accept no responsibility or liability for any third party infringement claims arising out of: (a) any use of the Products in a manner that is not permitted under this Agreement or the applicable Documentation; (b) any modification of the Products by anyone other than Us, except a third party acting on Our behalf; (c) the combination or use of the Products, as applicable, with any other product, service, software, data, content or method; (d) Your continued use of Products that are no longer supported by Us; or (e) any failure by You to implement Updates or Upgrades provided under Support (“Excluded Claims”).
- 6-2. Indemnification Process. Each party’s defense and indemnity obligations in this Section 8 will apply only if the party seeking defense or indemnity: (a) gives the other party prompt written notice of the claim; (b) permits the other party to control the defense and settlement of the claim; and (c) reasonably cooperates with the other party in the defense and settlement of the claim. In no event will a party agree to any settlement of any claim that involves any admission of wrongdoing or acceptance of a material obligation by the other party without the prior written consent of the other party.
7. Limitation of Liability
Liability Exclusions. Regardless of the basis of the claim or theory of liability, neither You nor Us will be liable for: (a) any special, indirect, incidental, consequential, or punitive damages, (b) damages arising from the loss of use, loss or corruption of data, lost profits, lost revenue, business interruption or cost of procuring substitute Products, or (c) unavailability of the Cloud Services.
We reserve the right to add, subtract and change the content of EULA at any time.
You may contact us at the following address:
Effective Date of Terms of Service: April 20th, 2022