Best Use & Setup

"iStayAwake" is an optic App, it is sensitive to light. "iStayAwake" best works when the iPhone front camera doesn't point to shiny surfaces like the car windows, so place the iPhone at a place that points to the less shiny area in the car. "iStayAwake" detect yours eyes, the closest your face is to the iPhone the better eyes detection is possible, so try to place the camera close to your face as much as possible.

Terms of Service

This "Terms of Service" govern End User License Agreement between the application hereby the "iStayAwake" and its Users. The "Terms of Service" may be change from time to time, either through iTunes connects' "iStayAwake" page, or through "iStayAwake". These Terms of Use apply to every User of "iStayAwake", whatever use is made of it, without limitation.

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND DUTIES AND RELEVANT REMEDIES.

THESE TERMS INCLUDE VARIOUS LIMITATIONS, EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1.Registration to "iStayAwake"

You are hereby granted permission to access and use the "iStayAwake" as set forth in these Terms of Use, provided that:

You will not use "iStayAwake" App for any commercial use, without the prior written authorization of the L.B.Motion Ltd. hereby "L.B.Motion"

To remove all doubts, "L.B.Motion" reserves the right, in its sole discretion and without notice, to discontinue any aspect of "iStayAwake" at any time. "iStayAwake" does not assume any responsibility for any User or for any damage or harm it may cause in any way.

2.License to "iStayAwake"

Subject to the terms and conditions of this Agreement, "iStayAwake" grants to User a non-assignable, nontransferable, royalty-free license, without the right to sublicense, to use the "iStayAwake" solely with the Software for User, none commercial use. User may distribute the "iStayAwake" to third parties either at no charge or for np fee. THE "iStayAwake" is PROVIDED TO USERS ON AN ‘AS IS’ AND ‘WHERE IS’ BASIS AND WITHOUT WARRANTY OF ANY TYPE OR KIND. "iStayAwake" HEREBY EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS, IMPLIED. OR OTHERWISE, WITH RESPECT TO THE "iStayAwake" ENHANCEMENTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

3.Restrictions

User shall not, nor permit any person (including any Authorized User) to: (i) reverse engineer, reverse compile, decrypt, disassemble, or otherwise attempt to derive the source code of the Licensed Software (except to the extent that this restriction is expressly prohibited by law); (ii) modify, translate, or create derivative works of the Licensed Software; (iii) sublicense, resell, rent, lease, distribute, market, commercialize, or otherwise transfer rights or usage to the Licensed Software (except as expressly permitted under this Agreement); (iv) remove, modify, or obscure any copyright notices or other proprietary notices or legends appearing on or in the Licensed Software, or any portion thereof; (v) transfer, use, or export the Licensed Software in violation of any applicable laws, rules, or regulations of any government or governmental agency; (vi) use the Licensed Software or any system services accessed through the Licensed Software to disrupt, disable, or otherwise harm the operations, software, hardware, equipment, and/or systems of a business, institution, or other entity, including, without limitation, exposing the business, institution, or other entity to any computer virus, trojan horse, or other harmful, disruptive, or unauthorized component; or (vii) embed the Licensed Software in any third-party applications, unless otherwise authorized in writing in advance by an officer of "iStayAwake".

4.Ownership

The Licensed Software, "iStayAwake", and Documentation contain copyrighted material and other proprietary material and information of "iStayAwake". "iStayAwake" shall retain all right, title, and interest, including all intellectual property rights, in and to the Licensed Software, "iStayAwake" Enhancements, and Documentation. User will not remove, alter, or destroy any form of copyright notice, proprietary markings, or confidential legends placed upon or contained within the Licensed Software, "iStayAwake", or Documentation, or any component thereof.

5.Technical Support

"iStayAwake" agrees to provide User with technical support services which include periodic distribution of bug fixes and minor enhancements as Updates scheduled by "iStayAwake". Technical support email inquiries are accepted at any time and will be answered during normal "iStayAwake" business hours.

6.Updates and Upgrades

To receive and use an Upgrade, User must agree to "iStayAwake"’s standard terms and conditions governing the use of that Upgrade. If no such standard terms and conditions are stated by "iStayAwake", the terms of this Agreement shall apply and the Upgrade shall be deemed Licensed Software.

7.Limitation of Liability

7.1 Consequential Damages Waiver

In no event shall "L.B.Motion" has any liability for any incidental, consequential, indirect, special, or punitive damages arising out of or in connection with this agreement, regardless of the form of the action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if any representative of "L.B.Motion" has been advised of the possibility of such damages and notwithstanding the failure of the essential purpose of this agreement or any limited remedy hereunder.

7.2 Limitation of Damages

In no event shall "L.B.Motion"’s liability arising out of or related to this agreement exceed: (i) if the licensed software is licensed from "L.B.Motion" directly, the license fees paid by customer to "L.B.Motion" for the licensed software. In no event will "L.B.Motion"’s licensors have any liability for any claim arising in connection with this agreement.

7.3 Limitation of Remedies

The parties agree that these limitations shall apply notwithstanding the failure of the essential purpose of this agreement or any limited remedy hereunder.

8.Confidentiality

User and "L.B.Motion" agree to maintain the confidentiality of any confidential or proprietary information of one party (the “disclosing party”) received by the other party (the “receiving party”) during the term of, or prior to entering into, this Agreement that the receiving party should know is considered confidential or proprietary by the disclosing party based on the circumstances surrounding the disclosure, including, without limitation, non-public technical and business information (“Confidential Information”). The Licensed Software is copyrighted and shall be deemed StataCorp’s Confidential Information. The Documentation is copyrighted material of StataCorp. This section shall not apply to any information that is or becomes publicly available through no breach of this Agreement by the receiving party or is independently developed by the receiving party without access to or use of the Confidential Information of the disclosing party. The foregoing confidentiality obligations will not restrict either party from disclosing Confidential Information of the other party pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such a disclosure gives reasonable notice to the other party to enable the other party to seek a protective order or otherwise limit such disclosure. The receiving party of any Confidential Information of the disclosing party agrees not to use the disclosing party’s Confidential Information for any purpose except as necessary to fulfill its obligations and exercise its rights under this Agreement. The receiving party shall protect the secrecy of and avoid disclosure and unauthorized use of the disclosing party’s Confidential Information with no less than reasonable care. All the disclosing party’s information remains the property of the disclosing party.