END USER LICENSE AGREEMENT
Last updated February 15, 2024
second scight utilities are licensed to You (End-User) by Sébastien Wieckowski, second scight,
located and registered at c/o Le Mathis, 204 Avenue de Colmar, F-67100 Strasbourg, France ("Licensor"),
for use only under the terms of this License Agreement.
By downloading the Licensed Application from, and any update thereto (as permitted by this License Agreement),
You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that
You accept this License Agreement referred to in this License Agreement as "Utilities."
The parties of this License Agreement acknowledge that the Utilities are not a Party to this License Agreement and
are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty,
liability, maintenance and support thereof. second scight, not the Utilities, is solely responsible for the
Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the
latest ("Usage Rules"). second scight acknowledges that it had the opportunity to review
the Usage Rules and this License Agreement is not conflicting with them.
second scight utilities when purchased or downloaded through the Utilities, is licensed to You for use only
under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. second
scight utilities are to be used on devices that operate with.
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. NO MAINTENANCE AND SUPPORT
5. USE OF DATA
6. USER-GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. LIABILITY
9. WARRANTY
10. PRODUCT CLAIMS
11. LEGAL COMPLIANCE
12. CONTACT INFORMATION
13. TERMINATION
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
15. INTELLECTUAL PROPERTY RIGHTS
16. APPLICABLE LAW
17. MISCELLANEOUS
1. THE APPLICATION
second scight utilities ("Licensed Application") are apps offered free of charge to
provide indications without any guarantee, based on data belonging to customers and based on the current scientific
literature, medical and regulatory knowledge, for the preparation of preclinical and clinical studies — and
customized for mobile devices ("Devices").
2. SCOPE OF LICENSE
- You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed
Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the
exception that such Licensed Application may be accessed and used by other accounts associated with You
(End-User, The Purchaser) via Family Sharing or volume purchasing.
- This license will also govern any updates of the Licensed Application provided by Licensor that replace,
repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update,
in which case the terms of that new license will govern.
- You may not share or make the Licensed Application available to third parties (unless to the degree allowed
by the Usage Rules, and with second scight's prior written consent), sell, rent, lend, lease or otherwise
redistribute the Licensed Application.
- You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create
derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any
part thereof (except with second scight's prior written consent).
- You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the
Licensed Application or portions thereof. You may create and store copies only on devices that You own or
control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions
that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge
that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a
third party, you must remove the Licensed Application from the Devices before doing so.
- Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject
to prosecution and damages.
- Licensor reserves the right to modify the terms and conditions of licensing.
- Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed
Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
- Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of
the firmware and new hardware. You are not granted rights to claim such an update.
- You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which
You intend to use the Licensed Application satisfies the technical specifications mentioned above.
- Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. NO MAINTENANCE OR SUPPORT
- second scight is not obligated, expressed or implied, to provide any maintenance, technical or other
support for the Licensed Application.
- second scight and the End-User acknowledge that the Utilities have no obligation whatsoever to furnish
any maintenance and support services with respect to the Licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and
Your personal information, and that Licensor's use of such material and information is subject to Your legal
agreements with Licensor and Licensor's privacy policy: https://secondscight.com/privacy.
You acknowledge that the Licensor may periodically collect and use technical data and related information about
your device, system, and application software, and peripherals, offer product support, facilitate the software
updates, and for purposes of providing other services to you (if any) related to the Licensed Application.
Licensor may also use this information to improve its products or to provide services or technologies to you, as
long as it is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity
to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to
us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Licensed Application and through third-party websites or
applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application
Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or
copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to
the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions
to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your
Contributions in any manner contemplated by the Licensed Application and this License Agreement.
- You have the written consent, release, and/or permission of each and every identifiable individual person in
your Contributions to use the name or likeness or each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License
Agreement.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes,
chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and
to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender,
sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of this License
Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result
in, among other things, termination or suspension of your rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information and personal data that you provide
following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and
share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions
and any intellectual property rights or other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided by you in any area in the Licensed
Application. You are solely responsible for your Contributions to the Licensed Application and you expressly
agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding
your Contributions.
8. LIABILITY
- Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and
gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor
shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable,
contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or
health.
- Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according
to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of
the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are
aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the
Licensed Application.
9. WARRANTY
- Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other
malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the
user documentation.
- No warranty is provided for the Licensed Application that is not executable on the device, that has been
unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware
or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are
any other reasons outside of second scight's sphere of influence that affect the executability of the
Licensed Application.
- You are required to inspect the Licensed Application immediately after installing it and notify second
scight about issues discovered without delay by email provided in Contact
Information. The defect report will be taken into consideration and further investigated if it has been
emailed within a period of ninety (90) days after discovery.
- If we confirm that the Licensed Application is defective, second scight reserves a choice to remedy the
situation either by means of solving the defect or substitute delivery.
- In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify
the Utilities Store Operator, and Your Licensed Application purchase price will be refunded to You. To the
maximum extent permitted by applicable law, the Utilities Store Operator will have no other warranty obligation
whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities,
expenses, and costs attributable to any negligence to adhere to any warranty.
- If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation
amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory
periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
second scight and the End-User acknowledge that second scight, and not the Utilities, is
responsible for
addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's
possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement;
and
(iii) claims arising under consumer protection, privacy, or similar legislation.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or
that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed
on any US Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the Licensed Application, please email us at sebastien.wieckowski@secondscight.com or
contact us by post at:
Sébastien Wieckowski EI
second scight
c/o Le Mathis
204 Avenue de Colmar
F-67100 Strasbourg
France
13.TERMINATION
The license is valid until terminated by second scight or by You. Your rights under this license will
terminate
automatically and without notice from second scight if You fail to adhere to any term(s) of this license.
Upon
License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or
partial, of the Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
second scight represents and warrants that second scight will comply with applicable third-party
terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement,"
subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of
the terms and conditions of this License Agreement, will have the right (and will be deemed to have accepted the
right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
second scight and the End-User acknowledge that, in the event of any third-party claim that the Licensed
Application or the End-User's possession and use of that Licensed Application infringes on the third party's
intellectual property rights, second scight, and not the Utilities, will be solely responsible for the
investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of France excluding its conflicts of law rules.
17. MISCELLANEOUS
- If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions
shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the
primary purpose.
- Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause
can only be waived in writing.