This end user license agreement (“EULA”) governs your download and/or use of the executable code for
the
Ololan for Computers desktop software application, including any update or upgrade thereto
(“Software”).
This EULA forms a binding contract between you and Ololan LLC, an ivorian company with an address at
Lot 314 block 38 Agboville, New Residential Area, Cote d'ivoire (“Ololan”).
1- This is a contract. This EULA constitutes a contract between
you
and Ololan. You may
not use the Software if you do not accept the terms in this EULA. By downloading and/or using the
Software,
you agree to be bound by all the terms and conditions set forth in this EULA. If you are under
thirteen
(13) years of age, or at least thirteen (13) years of age but a minor where you live, you must have
your
parent or legal guardian accept this EULA on your behalf and approve your use of the Software.
2- You are only granted a limited license to use the Software.
Subject to the terms and
conditions of this EULA, Ololan hereby grants you a personal, limited, non-exclusive,
non-transferable,
non-sublicensable license to:
a- Use the executable code version of the Software solely as
installed on your personal
computer;
b- Reproduce and distribute the Software solely as included in
an
application
repository for
a desktop open source operating system distribution PROVIDED THAT in all cases the Software is
distributed:
(i) without modification; (ii) free of charge to end-users; and (iii) with a copy of this EULA.
Distribution for embedded open source operating systems is not permitted. For the avoidance of
doubt,
the Software must be distributed without modification (including as to the default search engine(s)
in
the
Software settings), both at the time of distribution as well as after the Software is installed.
c- Some part of the Software have been build with the Qt open
source
library under
LGPL,
and linking dynamically as a work that use Qt, you can use the Software under the condition granted
by
the LGPL license binding
with Qt open source library.
d- If you choose to use the Software as mentioned in section 2-c
in a
manner that is
different
from those details in section 2-b, you are then forbid to use all the onlines API, Services, and web
sites provided
by Ololan via the software. You agree and accept that in this case you are the one and only
responsible
of any damages, problems, and situations
that can happen due to your use of the Software, you agree and accept that Ololan is not responsible
of any damages or problems, liabilities that can happen due to your use of the Software.
You may only use the Software as expressly authorized in this Section 2.
3- You must respect our rights in the Software. Although some
parts
of the software are
build
with the Qt open source library under LGPL license, some proprietary services and softwares (onlines
API, online Services, and web sites) it relies on are not build with Qt open
source library and therefore not under LGPL license. Unless expressly permitted by Ololan and the
law,
you may not copy, reverse engineering,
decompile, disassemble, attempt to derive source code of, modify, or create derivative works of
these
softwares and services
not build with Qt open source library and therefore not under LGPL license. You may not remove,
obscure,
or alter any copyright
notice or other proprietary rights notices affixed to or contained within the Software. You may not
lease, rent, loan, or
sell the Software to any third party. You may not permit, direct or authorize any third party to
take
any action with respect to the Software which is inconsistent with the terms set forth in this EULA.
For further information about the LGPL license some parts of thes software are developed under,
check
this link
.
Here is the list of the software and services which are not build with Qt open source library and
therefore
not under LGPL license:
a-The Ololan's APIs.
b-The Ololan's websites.
c-The Browser assistant (AI Chat) Ololan
Eina.
4- The Software contains our valuable intellectual property. You
acknowledge and agree
that the Software, including its sequence, structure, organization, source code and applicable
documentation,
contains valuable trade secrets and other intellectual property of Ololan and its suppliers. The
Software is
licensed and not sold to you, and no title or ownership to such Software or the intellectual
property
rights
embodied therein is granted to you. The Software is the exclusive property of Ololan and its
suppliers,
and
all rights in and to the Software not expressly granted to you in this Agreement are reserved.
Nothing
in
this EULA will be deemed to grant, by implication, estoppel or otherwise, a license under any
existing
or
future patents of Ololan, except to the extent necessary for you to use the Software as expressly
permitted
under this EULA. You acknowledge and agree that any actual or threatened breach of this EULA will
constitute
immediate, irreparable harm to Ololan for which monetary damages would be an inadequate remedy, and
that
injunctive relief is an appropriate remedy for any such breach or violation.
5- The Software may provide for access to additional services.
Various services may be
offered where
available via or as integrated into the Software (“Services”). By using any such Services, you
agreed to
the terms of
service at (“Terms of
Service”).
The Terms of Service are incorporated into this EULA by this reference. As is more fully explained
in
the
Terms of Service, some Services are offered by Ololan. Ololan reserves the right at any time and
from
time to time to
modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or
without
notice.
You agree that Ololan shall not be liable to you or to any third party for any modification,
suspension
or
discontinuance of the Services.
6- Your privacy is important to us. Ololan takes the protection
and
security of its
users'
information very seriously and will treat any and all such information in accordance with our
privacy
statement, which is currently posted at (“Privacy
Statement”).
The Privacy Statement is incorporated into this EULA by this reference. You agree to the use of your
data
in accordance with the Privacy Statement.
7- Your license to use the Software terminates if you breach
this
EULA. This EULA will
commence upon your download of the Software and continue in perpetuity unless terminated earlier as
provided
herein. This EULA will immediately terminate upon your breach of any of the terms or conditions set
forth
herein. Upon the termination of the EULA, you will discontinue all use of the Software, promptly
destroy
or
have destroyed the Software and any copies thereof, and, upon request by Ololan, certify in writing
that
such destruction has taken place. These remedies are cumulative and in addition to any other
remedies
which
may be available. Section 1, as well as Sections 3 through 12 of this EULA shall survive
termination.
8- The Software is provided without any warranties or
guarantees.
THE
SOFTWARE IS
PROVIDED
“AS IS”, AND Ololan DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR USE, SATISFACTORY QUALITY, OR QUIET ENJOYMENT. Ololan DOES NOT
WARRANT
THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE DOES NOT
CONTAIN
ANY
VIRUSES. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU
AND
Ololan. Ololan WOULD NOT PROVIDE THE SOFTWARE ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR
WARRANTIES
ARE
MADE BY ANY OF Ololan'S CUSTOMERS OR SUPPLIERS UNDER OR BY VIRTUE OF THIS AGREEMENT. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE SOFTWARE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE
REMEDY
IS TO DISCONTINUE USING THE SOFTWARE.
9- Ololan is not liable for any damages you may incur. IN NO
EVENT
SHALL Ololan, Its
RESPECTIVE SUPPLIERS OR CUSTOMERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR INTERRUPTION OF BUSINESS,
LOST
DATA, LOST PROFITS, OR THE LIKE) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF
THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF Ololan ARISING OUT OF OR
RELATED
TO THIS AGREEMENT EXCEED THE AMOUNT PAID TO Ololan IN RESPECT OF THE SOFTWARE GIVING RISE TO THE
CLAIM
OR,
IF NO FEES WERE PAID, THEN ONE HUNDRED EUROS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION AND LIMITATION MAY NOT APPLY TO
YOU.
THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED
REMEDY SET FORTH HEREIN. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE
BARGAIN
BETWEEN YOU AND Ololan. Ololan WOULD NOT PROVIDE THE SOFTWARE TO YOU ABSENT SUCH LIMITATION.
10- This contract is based on Ivorian law. This EULA will be
governed
by the laws of
Cote d'ivoire without giving effect to any conflicts of law principles that may require the
application
of
the laws of a different country. The United Nations Convention on Contracts for the International
Sale
of
Goods does not apply to this Agreement. All actions or proceedings arising under or related to this
Agreement must be brought in an Ivorian tribunal, and you hereby agree to irrevocably submit to the
exclusive jurisdiction and venue of any such court in all such actions or proceedings.
Notwithstanding
this,
you agree that Ololan shall still be allowed to apply for injunctive remedies (or an equivalent type
of
urgent legal relief) in any jurisdiction. If any provision of this EULA is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this
EULA
shall
not be affected or impaired thereby.
11- Ololan may modify these Terms. Ololan may update the terms
of
this EULA, the
Privacy
Statement or the Terms of Service. The current version of this EULA is posted at
, the
latest version of the Privacy Statement is posted at
,
and the Terms of Service are posted at .
It is your responsibility to remain informed of any changes as you are bound by the latest version
of
the
EULA, Privacy Statement and Terms of Service.
12- General. You will comply with all applicable laws and
regulations
in your
activities
with regard to the Software. You will not export or re-export the Software in violation of such laws
or
regulations or without all required licenses and authorizations. You may not assign or transfer this
contract without obtaining Ololan's prior written consent, and any purported assignment or transfer
in
violation of this restriction will be null and void.
