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LICENSE
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LICENSE
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PEBBLE JAVASCRIPT LICENSE AGREEMENT
1. DEFINITIONS.
1.1 “Pebble” means Pebble Technology Corp., a Delaware corporation having
its principal place of business at 900 Middlefield Road, Redwood City, CA,
94063.
1.2 “Pebble Platform” means the Pebble hardware mobile device firmware and
software application platform.
1.3 “Pebble JavaScript Software” means the Pebble JavaScript software
licensed to you under the terms of this Pebble JavaScript License Agreement
(the “Agreement”).
2. AGREEMENT FORMATION.
2.1. Acceptance of this Agreement.
You must accept this Agreement before you can use the Pebble JavaScript
software. By using any portion of the Pebble JavaScript software, you hereby
agree to the terms and conditions of this Agreement. Do not accept this
Agreement or use the Pebble JavaScript Software if you or your company is
barred from use of the Pebble JavaScript Software under the laws or regulations
of the United States or any other country.
2.2. Authority.
You represent and warrant that you are of the legal age of majority in the
country in which you reside (typically 18). If you are agreeing to be bound by
this Agreement on behalf of your employer or another entity, you represent and
warrant that you have full legal authority to bind your employer or such entity
to this Agreement. If you do not have such legal authority, you may not accept
the Agreement or use the Pebble JavaScript Software on behalf of your employer
or any other entity.
3. PEBBLE JAVASCRIPT SOFTWARE LICENSE AND DISTRIBUTION TERMS.
3.1. License.
Subject to the terms and conditions contained herein, Pebble grants to you a
personal, limited, non-transferable, non-sublicensable, non-exclusive and
worldwide, license to use and modify the Pebble JavaScript Software solely to
a) develop, test and operate applications or portions of applications, that run
solely on the Pebble Platform and b) develop, test and operate tools that
create applications or portions of applications, that run solely on the Pebble
Platform. Pebble grants to you a limited, transferable, non-sublicensable,
non-exclusive and worldwide license to transfer the Pebble JavaScript Software
and any modifications you make to the Pebble JavaScript Software solely to
allow others to a) develop, test and operate applications or portions of
applications, that run solely on the Pebble Platform and b) develop, test and
operate tools that create applications or portions of applications, that run
solely on the Pebble Platform. Except as described above, you will have no
right to license, distribute or otherwise transfer the Pebble JavaScript
Software or any rights therein. Your rights in the Pebble JavaScript Software
will be limited to those expressly granted in this Agreement.
3.2. Distribution.
You must provide a copy of this Agreement or a link to this Agreement along
with any distribution of the Pebble JavaScript Software or your modifications
to the Pebble JavaScript Software.
4. OPEN SOURCE COMPONENTS.
Use, reproduction and distribution of components of the Pebble JavaScript
Software licensed under an open source software license are governed solely by
the terms of the applicable open source software license and not this
Agreement. The list of open source components in this JavaScript Software can
be found at https://www.pebble.com/legal/open_source.
5. RESTRICTIONS.
You will not:(a) disassemble, decompile or reverse engineer any part of the
Pebble JavaScript Software (except as described above in Section 3); (b) copy
or otherwise reproduce the Pebble JavaScript Software (except as described
above in Section 3 and with all labeling and copyright notices intact), in
whole or in part, or modify, adapt, alter, translate or incorporate into or
with other software or create a derivative work of any part of the Pebble
JavaScript Software except as described in Section 3; (c) remove, modify or
otherwise tamper with notices or legends on the Pebble JavaScript Software or
any labeling on any physical media; (d) use the Pebble JavaScript Software in
any manner to provide service bureau, time sharing or other computer services
to third parties; or (e) commercially distribute (i) hardware with the Pebble
JavaScript Software or (ii) hardware purposed for running Pebble JavaScript
Software, without prior written approval from Pebble.
6. OWNERSHIP AND USE.
6.1. Intellectual Property Rights.
Title to and ownership of the Pebble JavaScript Software will remain
exclusively in Pebble at all times. You will promptly notify Pebble of any
claim which may be adverse to Pebble’s interest in the Pebble JavaScript
Software. The Pebble JavaScript Software will be used only by you, unless
Pebble authorizes other parties in advance in writing to use the Pebble
JavaScript Software under your supervision.
6.2. Feedback.
If you provide Pebble with verbal and/or written feedback related to your use
of the Pebble JavaScript Software, including, but not limited to, a report of
any errors which you may discover in the Pebble JavaScript Software, or
suggestions for improvements or changes to the Pebble JavaScript Software, you
hereby grant Pebble a perpetual, irrevocable right to use such feedback to
develop and improve the Pebble JavaScript Software, the Pebble Platform or any
other Pebble product or service.
6.3. Pebble JavaScript Software Changes.
You agree that the form and nature of the Pebble JavaScript Software may change
without prior notice and that future versions of the Pebble JavaScript Software
may be incompatible with applications developed on previous versions of the
Pebble JavaScript Software. You agree that Pebble may stop (permanently or
temporarily) providing the Pebble JavaScript Software (or any features within
the Pebble JavaScript Software) at Pebble’s sole discretion at any time and
without prior notice.
6.4. Trademarks and Rights Notices.
Nothing in this Agreement gives you a right to use any of Pebble’s trade names,
trademarks, service marks, logos, domain names or other distinctive brand
features. You agree that you will not adopt, use or attempt to register,
whether as a corporate name, domain name, product name, trademark, service mark
or other indication of origin, any trademark of Pebble or any mark that is
confusingly similar to or will dilute the distinctive nature of the Pebble
trademarks. You also agree that you will not include the term “Pebble” as part
of the name for any application that you develop using the Pebble JavaScript
Software. Acceptable usage of Pebble’s trademarks can be found in trademark
guidelines on Pebble’s website. You agree that you will not remove, obscure or
alter any proprietary rights notices (including copyright and trademark
notices) that may be affixed to or contained within the Pebble JavaScript
Software.
6.5. Compliance with Law and Industry Standards.
You agree to only use the Pebble JavaScript Software to enable the writing of
applications for purposes that are permitted by: (a) this Agreement; and (b)
any applicable law, regulation or generally accepted practices or guidelines in
the relevant jurisdictions.
7. TERM AND TERMINATION.
This Agreement is effective until terminated by Pebble as described below.
7.1. Pebble may terminate this Agreement at any time if: (a) you have
breached any provision of the this Agreement; (b) Pebble is legally required to
do so; or (c) Pebble decides not to provide the Pebble JavaScript Software or
services related to the Pebble JavaScript Software to users in the country in
which you reside.
7.2. Upon any termination of this Agreement you will immediately: (a) cease
the use of all of the Pebble JavaScript Software; and (b) destroy all copies of
the Pebble JavaScript Software (except for any sample code from the Pebble
JavaScript Software that you have embedded in your authorized applications).
The provisions of Sections 1, 6, 7.3, and 8 through 10 inclusive of this
Agreement will survive any termination or expiration of this Agreement.
8. NO WARRANTY.
The Pebble JavaScript Software is provided to you on an "AS IS" basis and
without warranty of any kind. PEBBLE DISCLAIMS ALL WARRANTIES, STATUTORY,
EXPRESS OR IMPLIED, RELATING TO THE PEBBLE JAVASCRIPT SOFTWARE, INCLUDING, BUT
NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT YOUR USE
OF THE PEBBLE JAVASCRIPT SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND YOU
ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE
OR ANY LOSS OF DATA THAT RESULTS FROM SUCH USE.
9. EXPORT.
You acknowledge and agree that you will not import, export, or re-export,
directly or indirectly, any commodity (including, without limitation, the
Pebble JavaScript Software or related information) to any country in violation
of the laws and regulations of any applicable jurisdiction. This restriction
expressly includes, without limitation, the export regulations of the United
States, and the import and export restrictions of the various European
countries. You further agree to defend, indemnify and hold harmless Pebble,
its affiliates and their respective directors, officers, employees, agents and
representatives from any losses, costs, claims or other liabilities arising out
of your breach of this Section 9.
10. GENERAL PROVISIONS.
This Agreement is not assignable or transferable, in whole or in part, by you,
whether involuntarily, by merger, operation of law or otherwise, without
Pebble’s prior written consent. Any amalgamation or merger of a party with any
third party, or the purchase or all or substantially all of the assets of a
party, will be deemed an assignment requiring consent. Any attempted transfer
in violation of this section is void. A waiver of any default hereunder or of
any of the terms and conditions of this Agreement will not be deemed to be a
continuing waiver or a waiver of any other default or of any other term or
condition, but will apply solely to the instance to which such waiver is
directed. The exercise of any right or remedy provided in this Agreement will
be without prejudice to the right to exercise any other right or remedy
provided by law or equity, except as expressly limited by this Agreement.
Captions in this Agreement are for the convenience of the parties only and will
not affect the interpretation or construction of this Agreement. In the event
any provision of this Agreement is held to be invalid or unenforceable, such
provision will be severed from the remainder of this Agreement, and such
remainder will remain in force and effect. The parties agree to replace any
such invalid provision with a valid provision that most closely approximates
the intent and economic effect of the invalid provision. This Agreement
constitutes the entire agreement between the parties relating to this subject
matter and supersedes all prior and/or simultaneous representations,
discussions, negotiations and agreements relating to the Pebble JavaScript
Software, whether written or oral.