Montblanc Augmented Paper - Terms of Use and EULA

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Montblanc Augmented Paper

Terms of Use and EULA

Last updated: October 2022

About Montblanc and these Terms of Use

Montblanc-Simplo GmbH has its registered offices at Hellgrundweg 100, D-22525 Hamburg. In these Terms of Use, we use the term Montblanc (and "we", "us" and "our") to refer to the head office of Montblanc at the registered address above and its affiliates.

These Terms of Use and EULA represent a legal agreement between you and Montblanc governing your use of the writing instrument and digital organizer as well as the associated mobile application (together the “Augmented Paper”), including all associated media and online or electronic documentation. The Augmented Paper is operated by or on behalf of Montblanc.

These Terms of Use and EULA also contain an end user licence agreement in respect of your use of the writing instrument and digital organiser, as well as the mobile application. Data is transferred from the digital organiser to the mobile application over Bluetooth.

Please read these Terms of Use carefully before using the Augmented Paper. Your use of the Augmented Paper is governed by and subject to the terms of these Terms of Use and EULA. By downloading the mobile application and using the writing instrument and digital organizer you signify your assent and agreement to these Terms of Use and EULA. If you do not agree to these Terms of Use and EULA, then you are not authorised to continue use of the Augmented Paper.


Updates to these Terms of Use and EULA

We may make changes from time to time to these Terms of Use and EULA so please check back regularly to keep informed of updates. The latest version of these Terms of Use and EULA will always be available on http://www.montblanc.com/augmented-paper. Any new version of these Terms of Use and EULA shall take effect and will govern the use of the Augmented Paper and your relationship with us immediately upon the date of posting. By continuing to use the Augmented Paper, you agree to be bound by the terms of these updates and amendments.

About our hosting services

We do not host data as part of your use of the Augmented Paper.

Our privacy policy

· Information you provide to us and how we use it

You can use the Augmented Paper without providing personal information. You will be able to provide a unique name to the digital organizer in order for the mobile application to identify it (you can do that on the settings section of your mobile application). You are free to choose a term that is not attributable to an individual (e.g. which does not include your real name)..

The main functionality of the Augmented Paper is to transfer what you write on paper with the digital organizer to your mobile application. This content may include personal information – depending on whether you include such personal information into the content or not. This content is stored both in the digital organizer itself and in the local memory of your hardware device on which you use your mobile application.

· Analytics data

We use Google Analytics technology to collect information about how visitors use our mobile application. The information gathered includes your IP address, usage information, technical session information and information about your mobile device. It does not identify any individual visitor and is aggregated and anonymised. We use this information to help run and improve our mobile application, to gather broad demographic information and to monitor the level of activity of the mobile application.

For more information on Google Analytics please visit http://www.google.com/analytics/index.html. Google may transfer some of your data to servers in the USA. In the EU and EEA, your IP address will be shortened by Google before being transferred to the US. However, in some circumstances, your full IP address may be transferred to the USA and it will be shortened there. All of this information is anonymised. Please refer to http://www.google.com/analytics/learn/privacy.html for further information on how Google protects your data. You can opt out of the use of Google Analytics. The opt-out option is available under /Settings/About/Google Analytics/ within the mobile application.

· Protecting your information

We want you to feel confident about using the Augmented Paper, and we are committed to protecting the personal information that the Augmented Paper collects. Accordingly, such information will be stored locally on the mobile application and can only be accessed on your device. You retain the responsibility for ensuring that any data on the digital organizer is deleted when you no longer need it. You remain responsible for ensuring that the data on the digital organizer is deleted securely.

· Third Party Privacy Policies

In connection with your use of the Augmented Paper, you may be provided with the opportunity to subscribe to third party services, including cloud-based services that will host data on your behalf. Third party privacy policies apply when you use these services. Please check the website or the respective other service to obtain that information. Montblanc has not reviewed the third party privacy policies and is not responsible for their processing of your personal data.

Your use of the Augmented Paper

Full use of the mobile applications relating to the Augmented Paper requires compatible devices.

You agree to use the Augmented Paper only for lawful purposes and only in compliance with (i) all applicable local, national and international laws and regulations connected with the Augmented Paper, (ii) these Terms of Use and EULA, and (iii) any reasonable instructions and guidelines that we may issue within the Augmented Paper or otherwise in relation to the Augmented Paper from time to time.

Intellectual property rights

You acknowledge that all intellectual property rights in the Augmented Paper anywhere in the world belong to us or our licensors, that rights in the software that forms part of the mobile application or the firmware that forms part of the writing instrument and digital organizer are licensed (not sold) to you, and that you have no rights in, or to, the Augmented Paper other than the right to use each of them in accordance with these Terms of Use and EULA.

Mobile application EULA

In consideration of you agreeing to abide by these Terms of Use and EULA and subject to the provisions below relating to certain third party software components, Montblanc grants you a limited, non-transferable, non-exclusive licence to install and use the mobile application on any supported mobile device for your own non-commercial, educational, private or domestic use only. Your download of the mobile application is subject to the terms of download imposed by the operator of the app store from which you download the mobile application. We reserve all other rights not expressly granted to you under these Terms of Use and EULA.

You may not:

· use the mobile application on any device that you do not own or control;

· rent, lease, sublicense, redistribute, adapt, vary or modify the mobile application, except to the extent permitted in accordance with these Terms of Use and EULA;

· copy, reverse engineer, decompile, attempt (in whole or in part) to obtain the source code of, modify or create derivative works of the mobile application, or any updates except to the extent that you cannot be prohibited from so doing under applicable law; or

· adapt or circumvent or disable any technological protection measures contained in or used to protect the mobile application.

You must not transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software.

Third Party and Open Source Software on the mobile application

The third party software components listed below and within the mobile application will be preinstalled or will be installed when you install the mobile application, and may be used when you run the mobile application.

The third party software components are or may be governed by separate license terms and conditions, and not by the foregoing provisions of these Terms of Use and EULA unless expressly stated otherwise. You MUST read and review the separate license terms and conditions applicable to the third-party software components as set forth in the Annex. Your acceptance of these Terms of Use and EULA also constitutes acceptance of the license terms and conditions applicable to the third-party software components.

Writing instrument and digital organiser EULA

In consideration of you agreeing to abide by these Terms of Use and EULA, Montblanc grants you a limited, non-transferable, non-exclusive licence use of the writing instrument and digital organiser and its firmware for your own non-commercial, educational, private or domestic use only. We reserve all other rights not expressly granted to you under these Terms of Use and EULA.

Use of materials

You may download one computer copy or print one copy of the material made available to you as part of your use of the mobile application, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Augmented Paper (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("Montblanc Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.

You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Montblanc Material in any way for any public or commercial purposes without or prior written consent. Furthermore, Montblanc Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use and EULA, your permission to use the Montblanc Material will automatically terminate and any copies made of Montblanc Material must be immediately destroyed. Any unauthorised use of the Montblanc Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Support and Upgrades

Montblanc has no obligation to provide technical support, maintenance, upgrades, updates, modifications, or new releases under these Terms of Use and EULA.

Montblanc, at its discretion, may make available to you updates or upgrades to the Augmented Paper. The terms of these Terms of Use and EULA will govern any such update or upgrade provided by Montblanc to you that replaces, supplements, modifies, or enhances the Augmented Paper, except that if such upgrade or update is accompanied by a separate set of terms, those terms will govern to the extent of any conflict with or terms that are in addition to these Terms of Use and EULA.

Export restrictions

You may not use or otherwise export or re-export the Augmented Paper except as authorized by the laws of the jurisdictions from which or in which the Augmented Paper was lawfully obtained by you. If you obtained the Augmented Paper in or from the United States, the Augmented Paper may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Augmented Paper, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

Disclaimers and limitation of liability

This section applies to the Augmented Paper only and not other Montblanc products. Nothing in this section is intended to limit any of your rights pursuant to the Montblanc International Guarantee provided to you with the writing instrument and digital organizer.

Montblanc hopes to provide helpful and accurate information on the Augmented Paper, but makes no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the Augmented Paper. All information, services or recommendations is provided for informational purposes only. Montblanc is not responsible for the accuracy, completeness, reliability, effectiveness, or correct use of information displayed or accessed through the Augmented Paper. If you rely on any information provided by Montblanc or available through the Augmented Paper, then this is at your own risk. In addition, Montblanc does not warrant or represent that the use of the Augmented Paper and/or Montblanc Material will not infringe rights of third parties.

Access and information transmitted in connection with the Augmented Paper will pass over Bluetooth. We make no representation or warranty in connection with, and disclaim any liability for, this transfer of information or that it will be error-free.

Montblanc does not warrant that the functional and/or technical aspects of the Augmented Paper will be error-free or that the Augmented Paper, Montblanc Material or the servers that make them available are free of viruses or other harmful components. If use of the Augmented Paper or Montblanc Material results in the need for servicing or replacing property, material, equipment, data or other element, Montblanc is not responsible for those costs. Without limiting the foregoing, everything on the Augmented Paper is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER

EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Montblanc and its suppliers or licensors make no warranties about the (i) Montblanc Materials, software, text, downloads, graphics, and links that form part of the Augmented Paper, or about results to be obtained from using the Augmented Paper; and (ii) the ability of the Augmented Paper to integrate with any third party software (including compatibility issues arising out of upgrades released for mobile operating systems) or other hardware.

The storage of data on your Augmented Paper is at your own risk and you acknowledge that data may still be accessible on the Augmented Paper even after your have deleted such data. We are not responsible for any liability arising out of your loss of the Augmented Paper.

Our maximum aggregate liability under or in connection with these Terms of Use and EULA whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount that you paid for the writing instrument and digital organiser, provided that nothing in these Terms of Use and EULA shall limit or exclude our liability for (i) death or personal injury resulting from our negligence, (ii) fraud or fraudulent misrepresentation, and (iii) any other liability that cannot be excluded or limited by law.

To the fullest extent permitted by applicable law, Montblanc shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of the Augmented Paper (including reliance on information made available as part of your use of the Augmented Paper) or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Montblanc has been advised of the possibility of such damages.

Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.

Trademark notice

In general, all trademarks, logos and service marks that appear on the Augmented Paper are registered, unregistered or otherwise protected Montblanc trademarks or are licensed for use by Montblanc by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Augmented Paper should be construed as granting, by implication or otherwise, any licence or right to use any trademark without Montblanc’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Augmented

Paper, or any other content on the Augmented Paper, except as provided herein, is strictly prohibited.

Copyright notice

All content (including Montblanc Materials) on the Augmented Paper are either Copyright © Montblanc or are licensed for use by Montblanc. All rights are reserved. Please refer to the section above on Use of Materials on the Augmented Paper.

Links & linking

The Augmented Paper may contain links to other platforms operated by third parties not affiliated to Montblanc. The inclusion of any link to such third party sites does not imply endorsement by Montblanc of those sites. Montblanc has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Augmented Paper. If you choose to click through any link to off-site pages or third party sites then this is at your own risk.

Termination and suspension

You agree that Montblanc may terminate or suspend your access to and use of the Augmented Paper if Montblanc reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use and EULA, or violated the rights of Montblanc, its affiliated companies or any third party, with or without notice to you. You agree that Montblanc may modify or discontinue providing any use of the Augmented Paper, with or without notice to you. You agree that Montblanc will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Disclaimers and Limitation of liability" and "General provisions" will survive termination of these Terms of Use and EULA.

General provisions

If any provision, or part of a provision, of these Terms of Use and EULA is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use and EULA, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use and EULA shall not be affected, unless otherwise required by operation of applicable law.

These Terms of Use and EULA constitute the entire agreement between you and us in relation to the use of the Augmented Paper, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

The waiver by Montblanc of a breach of any provision of these Terms of Use and EULA will not operate to be interpreted as a waiver of any other or subsequent breach.

You will not transfer, assign, or delegate the Augmented Paper or any of your rights or obligations under these Terms of Use and EULA, by operation of law or otherwise, without the prior written consent of Montblanc, which shall not be unreasonably withheld. However, You may make a one-time permanent transfer of the Augmented Paper and of all of your rights under this Agreement to another party if and only if all of the following conditions have been met: (a) the transfer includes the transfer of the hardware device on which the relevant mobile application or firmware was downloaded or pre-installed, and includes these Terms of Use and EULA, (b) you do not retain any copies of the relevant mobile application or firmware or any portion thereof on any media or computer, and (c) the party receiving the relevant mobile application or firmware reads, understands, and agrees to accept these Terms of Use and EULA. Any transfer, assignment, or delegation of any of your rights or obligations under these Terms of Use and EULA in violation of this paragraph is void and of no effect.

Applicable law and jurisdiction

These Terms of Use and EULA shall be governed by and construed in accordance with the laws of Switzerland, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use and EULA, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use and EULA. Where the laws of Switzerland are different to the mandatory consumer laws in your own country, we will afford you with similar protection.

Contact us

If you have any questions or comments about these Terms of Use and EULA, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.

service@montblanc.com

Montblanc-Simplo GmbH Hellgrundweg 100 D-22525 Hamburg

Telephone: +49 40 84 001 0 Telefax: +49 40 84 001 300

Annex Third Party Software

The following third party software is being used by the Augmented Paper. The list includes copyright notices and licenses to the respective third party software as far as necessary to communicate:

- ImageViewTouchBase.java

Copyright © 2009 The Android Open Source Project

Apache License, Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.

"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."

"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2. Grant of Copyright License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

3. Grant of Patent License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except

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You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

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You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

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In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer

failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability.

While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of Your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS

- ContentWrapperEdgeEffect.java

Copyright © 2014 Android Alliance, LTD

Apache License, Version 2.0, January 2004 http://www.apache.org/licenses/ Full license text is shown above.

- CircularSeekBar.java

Copyright © 2013 Matt Joseph

Apache License, Version 2.0, January 2004 http://www.apache.org/licenses/ Full license text is shown above.

- recyclerview-multiselect

Copyright © 2014 Big Nerd Ranch

MIT License

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

- Libhpdf

Copyright © 2012 Steadfast Innovation

Copyright © 2012 Andrew Hughes

Apache License, Version 2.0, January 2004 http://www.apache.org/licenses/ Full license text is shown above.

- EventBus

Copyright © 2012 greenrobot

Apache License, Version 2.0, January 2004 http://www.apache.org/licenses/ Full license text is shown above.

- MiniZip

Copyright © 2013 masbog

MIT License

Full license text is shown above.

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