INCISOR(R) END USER LICENSE AND TERMS OF USE AGREEMENT
Last Modified: October 1, 2025
IMPORTANT NOTICE:
THIS AGREEMENT HAS A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER,
AND A JURY TRIAL WAIVER, WHICH AFFECT YOUR RIGHTS IN RESOLVING ANY DISPUTE
BETWEEN YOU AND INCISOR. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
ACCEPTING IT AND INSTALLING OR USING INCISOR'S PLATFORM.
Incisor(R) is an application development platform as a service ("Platform")
which helps you build high-quality interactive applications and game
products. The Platform bundles together our proprietary Software including
Materials from Third-Parties (each defined below) which can be used to
create light apps that operate on any browser without plugins or custom
requirements.
This Incisor(R) End User License and Terms of Use Agreement (this
"Agreement") is a contract between you ("you" or "your") and Incisor Inc.
("Incisor," "we," "us," or "our") governing the license and acceptable use
of the Platform which includes our Software.
INCISOR OFFERS THE PLATFORM ON THE TERMS AND CONDITIONS ("T&Cs") IN THIS
AGREEMENT. BEFORE YOU USE THE PLATFORM, YOU MUST ACCEPT AND AGREE TO FOLLOW
THESE T&CS. YOU MUST ALSO AGREE TO THE SEPARATE TERMS OF USE OF ANY
THIRD-PARTY LICENSES (WHICH WE DEFINE BELOW) INCLUDED WITHIN OUR PLATFORM.
FINALLY, YOU MUST ALSO READ AND AGREE TO OUR PRIVACY POLICY, AVAILABLE ON
OUR WEBSITE HERE: https://www.incisordev.com/privacy
WHEN YOU CLICK THE "I AGREE" BUTTON ON OUR PLATFORM, YOU:
(1) AGREE THAT YOU ARE LEGALLY BOUND BY THE T&CS IN THIS AGREEMENT;
(2) ACCEPT ANY THIRD-PARTY LICENSES WHICH ARE INCLUDED IN THE PLATFORM; AND
(3) PROMISE THAT
(A) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT, AND
(B) YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT,
INCLUDING ON BEHALF OF AN ENTITY. IF YOU DO NOT AGREE TO THE T&CS OF
THIS AGREEMENT AND THE TERMS OF ANY THIRD-PARTY LICENSES, YOU DO NOT
HAVE THE LEGAL RIGHT TO DOWNLOAD OR USE THE PLATFORM.
Important Definitions: As you read through this Agreement, you will find the
following terms which we are defining here:
"Authorized Users" means only those individuals with the license to use the
Platform, as allowed under the T&Cs of this Agreement.
"Compiled Code" means the JavaScript (regardless of whether it remains in
its original form), object code, binary code, or executables which have been
compiled organized, and packaged by Incisor into the Software (including any
past and future versions made available to you by us under this Agreement)
which originates from our proprietary Source Code or from Third Party
Materials.
"Software" means the proprietary computer software program known as
Incisor(R) licensed to you from Incisor under the T&Cs of this Agreement,
including any Updates we provide to you under this Agreement, all Compiled
Code and related Incisor content, and any permitted Third-Party Materials
copied to your computer when you install Incisor(R), including, but not
limited to, JavaScript, dynamic linked libraries, executables,
Documentation, samples, and other related data and files. The Software
expressly excludes any and all Source Code.
"Documentation" means the user manuals, handbooks, and installation guides
relating to the Platform provided by Incisor to you electronically,
including any Third-Party Materials and any documentation relating to the
Platform available on Incisor's website at https://www.incisordev.com and
https://www.incisordev.com.
"Incisor Marks" means our proprietary trademarks, trade names, branding, or
logos made available for use in connection with the Platform, Software, and
Documentation under this Agreement.
"Intellectual Property Rights" means any and all registered and unregistered
rights granted, applied for, or in existence (whether now or in the future)
under or related to any patent, copyright, trademark, trade secret, database
protection, or other intellectual property rights laws, and all similar or
equivalent rights or forms of protection, in any part of the world.
"Fees" means the fees, if any, paid by you to Incisor for the license
granted under this Agreement. Fees are set by Incisor for each Subscription
Level, in our sole discretion, and may be changed at any time. We may
choose, at our discretion, to waive fees altogether for any "Beta" or "Free"
versions.
"Person" means an individual, corporation, partnership, joint venture,
limited liability company, governmental authority, unincorporated
organization, trust, association, or other entity.
"Source Code" means the human readable form of a software program, including
all modules it has, plus any associated interface definition files, scripts
used to control compilation, and installation of an executable.
"Subscription Level" means the access to the Platform and functionality that
varies by the level of your subscription based on the Fees charged by
Incisor for your use of the Platform, which may include additional services
for additional Fees.
"Templates" means design templates, sample assets, or similar content made
available by Incisor through the Platform for use in creating Your
Applications.
"Term" means as it relates to the duration of this Agreement and the license
we grant you (including for Third-Party Materials), the period that starts
when you acknowledge your acceptance of this Agreement by clicking the "I
AGREE" button and continues in effect until terminated under Section 11 of
this Agreement.
"Third-Party" means any Person, other than you or Incisor.
"Third-Party Marks" means the proprietary trademarks, trade names, branding,
or logos of any Third-Party made available for use in connection with your
use of our Platform and the Documentation under this Agreement.
"Updates" means any modifications, additional functionality, bug fixes,
patches, or any error corrections to the Platform that Incisor generally
makes available free of charge to all users.
"Your Applications" means any applications, software, content, data, or
materials developed by you using the Platform and Documentation.
1. License Grant and Scope. When you comply with the T&Cs of this Agreement
and pay the Fees, if any, required by your Subscription Level, Incisor
grants you and your Authorized Users, if any, a non-exclusive,
non-sublicensable, non-transferable (except in compliance with Section
19(h)), revocable, limited, worldwide license, during the Term, to:
(a) Based on the Documentation, download and install, one copy of the
Software on each of your chosen computers authorized by your
Subscription Level. Incisor limits the number of computers you can run
the Platform on at any given time. Depending on your Subscription
Level, if you exceed your allotted device limits, Incisor will log
your device out on a "first in, first out" basis. All copies of the
Software made by you:
(i) are the exclusive property of Incisor;
(ii) are subject to the T&Cs of this Agreement; and
(iii) must include all Incisor Marks and trademark, copyright, patent,
and other Intellectual Property Rights notices included in the
original Software.
(b) Use and run the Software as properly installed and following the
Documentation and T&Cs only to develop Your Applications.
(c) Display certain Incisor Marks in compliance with the usage guidelines
that we may specify from time to time only in connection with the use
of the Platform and Your Applications. You may not use the Platform in
connection with the advertising, promotion, distribution, or sale of
any other products or services, other than Your Applications.
(d) Display certain Third-Party Marks in compliance with the usage
guidelines of any Third-Party.
(e) Download or otherwise make one copy of the Documentation and use such
Documentation, only in support of its licensed use of the Platform
under this Agreement. All copies of the Documentation made by you:
(i) are the exclusive property of Incisor or the respective Third-Party;
(ii) are subject to the T&Cs of this Agreement and the terms of use of
any Third-Party Licenses; and
(iii) must include all Intellectual Property Rights notices included in
the original Documentation.
2. Third-Party Materials and Licenses. The Platform includes software,
content, data, applications, or other materials, including related
Documentation (together "Materials"), that are owned by Third-Parties. We
provide you access to these Third-Party Materials on terms that are in
addition to and/or different from the T&Cs in this Agreement ("Third-Party
Licenses"). A list of all Third-Party Materials included in the Platform and
provided under Third-Party Licenses can be found in the Software
installation directory. You can also find the Third-Party Licenses and
access to each of their respective links on Schedule A to this Agreement.
You are bound by and must follow all Third-Party Licenses. Any breach by you
or any of your Authorized Users or end users of any Third-Party License is
also a breach of this Agreement.
3. Restrictions on Use. Unless allowed by the T&Cs of this Agreement, you
will not and will require your Authorized Users not to, directly or
indirectly:
(a) use (including make any copies of, in whole or in part) the Platform,
Software, or Documentation;
(b) change, translate, adapt, or otherwise create derivative works or
improvements, whether or not patentable, of all or any part of the
Platform, Software, or Documentation;
(c) combine or integrate the Platform or Software with any software,
technology, services, or materials not authorized by Incisor;
(d) reverse engineer, disassemble, decompile, decode, or otherwise attempt
to work around, derive, or gain access to the Source Code of the
Software, in whole or in part;
(e) manipulate or attempt to manipulate the restriction on the number of
devices on which you may use the Platform;
(f) manipulate or attempt to manipulate the your Subscription Level in any
way;
(g) remove, delete, change, or obscure any Incisor Marks or any copyright,
trademark, patent, or other intellectual property or proprietary
rights notices provided on or with the Platform, Software, or
Documentation (including any copies);
(h) rent, lease, lend, sell, licensee, sublicense, assign, distribute,
publish, transfer, or otherwise make available the Platform or
Software, or any features or functionality of the Platform or
Software, to any Third-Party for any reason, whether or not over a
network or on a hosted basis, including in connection with the
internet or any web hosting, wide area network (WAN), virtual private
network (VPN), virtualization, time-sharing, service bureau, software
as a service, cloud, or other technology or service;
(i) use the Platform, Software, or Documentation in, or in association
with, the design, construction, maintenance, or operation of any
hazardous environments or regulated systems, including:
(i) any publicly regulated industry, with the exception of use for
strictly presentational components of software made for online
gambling games or games of chance, and, for Users who maintain a
valid Subscription Tier expressly permitting such use, front-end
visual and non-logic design elements for land-based slot machine or
EGM content. For clarity even with a valid Subscription Tier, the
Platform must not be used for creating core logic functionality,
math models, random number generation, or back-end functionality for
gambling games or games of chance. All such use remains subject to
applicable federal, state, and local gaming laws and regulations.
(for clarity, the Platform must not be used for creating core logic
functionality for gambling games or games of chance, and also must
not be used for creating any aspect of gambling games or games of
chance that will be loaded onto electronic gaming machines within a
physical gaming establishment for "in-person" wagers.)
(ii) power generation systems;
(iii) aircraft navigation or communication systems, air traffic control
systems, or any other transport management systems;
(iv) safety-critical applications, including medical or life-support
systems, vehicle operation applications, or any police, fire, or
other safety response systems; and
(v) military or aerospace applications, weapons systems, or
environments;
(j) design or allow Your Applications to disable, override, or otherwise
interfere with any Incisor-implemented communications to end users,
consent screens, user settings, alerts, warning, or the like;
(k) attempt to cloak or conceal your identity or the identity of Your
Applications when requesting authorization to use the Platform and
Software;
(l) use the Platform, Software, or Documentation in violation of any law,
regulation, or rule;
(m) use the Platform, Software, or Documentation for purposes of
competitive analysis of the Platform or Software, the development of a
competing software product or service, or any other purpose that is to
our commercial disadvantage. Any use of the Platform, Software, or
Documentation in violation of this Section 3 will result in the
immediate termination of this Agreement and all licenses granted
hereunder, without requirement of notice.
4. Non-Compatible Licenses. You will not, and will not allow any Authorized
User or any other Third-Party to, combine, distribute, or otherwise use all
or any part of the Platform with any code or other content or material
covered by a license ("Non-Compatible License") that would require in any
way all or any part of the Platform to be governed under any terms other
than the T&Cs of this Agreement. For the avoidance of doubt, Non-Compatible
Licenses include any of the following licenses: GNU General Public License
(GPL), Lesser GPL (LGPL) (unless you are merely dynamically linking a shared
library), or Creative Commons Attribution-ShareAlike License.
5. Responsibility for Use of the Platform; Your Applications; Incisor Marks.
(a) You are responsible and fully liable for all uses of the Platform,
Software, and Documentation through access provided by you, including
anything you program or build, such as Your Applications.
Specifically, you are responsible and fully liable for all actions and
failures to take required actions with respect to the Platform,
Software, and Documentation by your Authorized Users or by any other
Person to whom you or an Authorized User may provide access to or use
of the Platform Software, and/or Documentation, whether such access or
use is allowed by or in violation of this Agreement.
(b) To use the Platform, you are required to register and create an Incisor
account. When you create an Incisor account, you are obligated to
provide accurate and correct information. You and your Authorized
Users, if any, are responsible for keeping your passwords and access
credentials associated with the Platform confidential. You will not
sell or transfer them to any other person or entity. You will promptly
tell us about any unauthorized access to your passwords or access
credentials.
(c) You will not use the Platform, Software, and/or Documentation in
connection with or to promote any products, services, or materials
that make up, promote, or are used primarily for the purpose of
dealing in spyware, adware, or other malicious programs or code,
counterfeit goods, items subject to U.S. embargo, unsolicited mass
distribution of email ("spam"), multi-level marketing proposals, hate
materials, hacking, surveillance, interception, or descrambling
equipment, libelous, defamatory, obscene, pornographic, abusive, or
otherwise offensive content, stolen products, and items used for
theft, hazardous materials, or any illegal activities or regulated
activities in any highly regulated industry under any federal, state,
municipal, county, local, or tribal law.
(d) You agree to monitor the use of Your Applications for any activity
that violates applicable laws, rules, and regulations or any T&Cs of
this Agreement, including any fraudulent, inappropriate, or
potentially harmful behavior, and promptly restrict any offending
users of Your Applications from further use of Your Applications. You
agree to provide a resource for users of Your Applications to report
abuse of Your Applications. As between you and us, you are responsible
for all acts and omissions of your end users in connection with Your
Application and their use of our Software and/or Documentation, if
any. You agree that you are responsible for posting any privacy
notices and getting any consents from your end users required under
applicable laws, rules, and regulations for their use of Your
Applications.
(e) All use by you of the Incisor Marks will follow any usage guidelines
that we may specify or amend from time to time. You agree that your
use of the Incisor Marks in connection with this Agreement will not
create any right, title, or interest in or to the Incisor Marks in
favor of you, and all goodwill associated with the use of the Incisor
Marks will inure to the benefit of Incisor.
(f) If Your Applications developed under this Agreement include credits
and attributions, you must display the following notices:"[Your
Application Name] was made using Incisor(R). Incisor(R) is a trademark
or registered trademark of Incisor Inc. in the United States of
America and elsewhere.""Copyright (C) 2023 - present Incisor Inc. All
rights reserved."
(g) You must also display the requisite notices for any Third-Party
Materials included in the Third-Party Licenses which can be found in
Software installation directory and Schedule A.
6. Compliance Measures.
(a) The Platform has technological copy protection and other security
features designed to prevent unauthorized use of the Platform,
including features to protect against any use of the Platform that is
prohibited under the T&Cs of this Agreement. Incisor will receive a
notice from the Platform if you are exceeding your license, allowed
devices, or taking any other steps incompatible with this Agreement.
You must not and must not attempt to remove, disable, circumvent, or
otherwise create or implement any workaround to, any such copy
protection or security features.
(b) On an annual basis, and otherwise at any time on our written request,
you will conduct a review of your and any Authorized Users' use of the
Platform and certify to us in writing that you and your Authorized
Users, if any, are in full compliance with this Agreement or, if you
discover any noncompliance, you must immediately remedy such
noncompliance and provide us with written notice of curing the remedy.
You will provide us with all access and assistance as we request to
further evaluate and remedy such noncompliance.
(c) During the Term, we may, in our sole discretion and without notice to
you, audit your use of the Platform and Software to ensure your
compliance with this Agreement. We also may, in our sole discretion,
audit your systems after the end of the Term to ensure you have
stopped using the Platform and Software and removed all copies of the
Platform and Software from such systems as required. You will fully
cooperate with Incisor's personnel conducting such audits and provide
all reasonable access requested by us to records, systems, equipment,
information, and personnel, including machine IDs, serial numbers, and
related information. We will only examine information directly related
to your use of the Platform and Software.
(d) If any of the measures taken or implemented under this Section 6
discover that your use of the Platform exceeds or exceeded the use
allowed by this Agreement, then we may do any of the following, in our
sole discretion:
(i) If the use exceeds or exceeded the use allowed by this Agreement, we
will require you to pay to us, within five (5) days after the date
of our written request, our reasonable costs incurred in conducting
any audit.
(ii) If the use exceeds or exceeded the use allowed by this Agreement,
we will also have the right to terminate this Agreement and the
license granted under this Agreement, effective immediately on
written notice to you.
(iii) Disable your access to the Platform and Your Applications; (iv)
Report, file, or make claims against Your Applications which we
reasonably believe exceed the scope of this license. Incisor's
remedies under this Section 6(d) are cumulative and are in
addition to, and not in lieu of, any other rights, remedies, or
damages available to Incisor at law, in equity, or under this
Agreement. The exercise of one remedy shall not preclude the
exercise of any other remedy. all other legal or equitable
remedies Incisor may have under this Agreement or otherwise.
7. Maintenance and Updates.
(a) We may develop and provide Updates to the Platform in our sole
discretion, and you agree that we have no obligation to develop any
Updates at all or for particular issues. You also agree that all
Updates will be treated as Software, and related documentation will be
treated as Documentation, all subject to all T&Cs of this Agreement.
You acknowledge that we may provide some or all Updates via download
from a website chosen by us which will require you, at your
responsibility, to have an internet connection. We have no obligation
to provide Updates via any other media. Updates do not include any new
version or new release of the Platform that we may issue as a separate
or new product, and we may decide whether any issuance qualifies as a
new version, new release, or Update, in our sole discretion.
(b) We have no obligation to provide maintenance and services, including
Updates:
(i) for any but the most current version or release of the Platform;
(ii) for any copy of the Platform for which all previously issued
Updates have not been installed;
(iii) if you are in breach under this Agreement; or (iv) for any
Software that has been modified other than by or with our
authorization, or that is being used with any hardware, software,
configuration, or operating system not specified in the
Documentation or expressly authorized by us in writing.
8. Collection and Use of Information.
(a) You acknowledge that we may (including through any Third-Parties),
collect and store information about any use of the Platform and about
equipment on which the Platform is installed or accessed and used,
through:
(i) your creation of an account with us and download and installation of
the Platform;
(ii) the provision of maintenance and Updates under Section 7; and
(iii) security measures included in the Platform as described in 6.
(b) You agree that we may use such information for any purpose related to
any use of the Platform by you or on your equipment, including, but not
limited to:
(i) improving the performance of the Platform or developing Updates; and
(ii) verifying your compliance with the T&Cs of this Agreement and
enforcing our rights, including all Intellectual Property Rights in
and to the Incisor Marks and Platform and Software.
(iii) creating and publishing community guidelines, frequently asked
questions (FAQs), knowledge base entries, and other educational or
support resources using anonymized or de-identified excerpts of
customer support communications. Such use will not disclose any
personal information or confidential regulatory matters and will
remain subject to applicable laws and confidentiality obligations.
(c) You also acknowledge that we may collect certain information about you
or any of your Authorized Users or agents. By accessing, using, and
providing information to or through the Platform, Incisor, or any
Third-Parties, you consent to all actions taken by us with respect to
your information in compliance with the then-current version of our
privacy policy, available at: https://www.incisordev.com/privacy
9. Intellectual Property Rights; Feedback.
(a) You acknowledge and agree that the Platform, including the Software,
and the Documentation are provided under license, and not sold, to
you. You do not acquire any ownership interest or rights in the
Platform, Software, or Documentation under this Agreement, other than
to use the Platform, Software, or Documentation under the license
granted and subject to all T&Cs and restrictions under this Agreement.
Incisor and its Third-Party licensors and service providers reserve
and retain their entire right, title, and interest in and to the
Platform, Software, Documentation, and all Intellectual Property
Rights arising out of or relating to the Platform, Software, and
Documentation, except as expressly granted to you in this Agreement.
You acknowledge that, as between you and us,
(i) we own all right, title, and interest, including all Intellectual
Property Rights, in and to our Platform, Software, Documentation,
and the Incisor Marks, and
(ii) you own all right, title, and interest, including all
Intellectual Property Rights, in and to Your Applications,
excluding the previous rights in Section 9(a) and any right, title,
and interest of our Third-Party licensors and service providers.
Notwithstanding the foregoing, you acknowledge and agree that any
design templates, sample assets, or similar content provided by
Incisor ("Templates") remain the sole property of Incisor. You may
use Templates to create your own works, but you obtain no exclusive
rights in the Templates, and any derivative works you create that
incorporate Templates are owned by you only with respect to your
unique modifications or additions. You shall not assert or attempt
to enforce intellectual property rights in Templates as against
Incisor or any other users of the Platform.
(b) You must use your best efforts to safeguard the Platform, all Software
and Documentation (including all copies), and the Incisor Marks from
infringement, misappropriation, theft, misuse, or unauthorized access.
You must promptly tell us if you become aware of any infringement of
our Intellectual Property Rights in the Platform, Software,
Documentation, and/or the Incisor Marks and fully cooperate with us in
any legal action we take to enforce our Intellectual Property Rights.
(c) If you or any of your Authorized Users or agents sends or transmits
any communications or materials to us by mail, email, telephone, or
otherwise, suggesting or recommending changes to the Platform and/or
Software, including, without limitation, new features or
functionality, or any comments, questions, suggestions, or the like
("Feedback"), all such Feedback is and will be treated as
non-confidential. You assign to us on your behalf, and on behalf of
your Authorized Users and agents, all right, title, and interest in,
and we are free to use, without any attribution or payment to you or
any Third-Party, any ideas, know-how, concepts, techniques, or other
intellectual property rights in the Feedback, for any purpose
whatsoever, although we are not required to use any Feedback.
10. Fees and Taxes.
(a) All Fees are payable in U.S. Dollars in advance under any order and
all sales are final and non-refundable except as required by law. Any
renewal of the license under this Agreement will not be effective
until the Fees for such renewal have been paid in full.
(b) You will be responsible for all sales, use, and excise taxes, and any
other similar taxes, duties, and charges of any kind imposed by any
federal, state, or local governmental entity on any Fees payable
underthis Agreement, excluding any taxes imposed on Incisor's income,
revenues,gross receipts, personnel, or real or personal property or
other assets.
11. Termination.
(a) You may terminate this Agreement by ceasing to use, uninstalling, and
destroying all copies of the Platform, Software, and Documentation. No
refunds will be issued for subscription fees already paid.
(b) We may terminate this Agreement, effective on written notice to you,
if you breach this Agreement and your breach can't be cured, or if it
can be cured, remains not cured by you for five (5) days after we
provide written notice to you of your breach.
(c) We may also terminate this Agreement, effective immediately, if you
file, or a Person files against you, a petition for voluntary or
involuntary bankruptcy or under any other insolvency law, make or seek
to make a general assignment for the benefit of your creditors or
apply for, or consent to, the appointment of a trustee, receiver, or
custodian for a substantial part of your property.
(d) At the end of this Agreement, the license granted under this Agreement
will also terminate, and you must stop using, uninstall, and destroy
all copies of the Platform, Software, and Documentation. Even if this
Agreement ends, you will still be obligated to pay all Fees that may
have become due prior to termination or expiration. Any T&Cs of this
Agreement that by their nature are intended to continue beyond the
termination or expiration of this Agreement will survive termination.
Termination will not limit any of Incisor's legal or equitable rights
or remedies.
12. Limited Warranties, Exclusive Remedy, and Disclaimer/Warranty
Disclaimer. THE PLATFORM, WHICH INCLUDES THE SOFTWARE, AND THE DOCUMENTATION
ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS, WITHOUT
WARRANTY OF ANY KIND. TO THE GREATEST EXTENT ALLOWED UNDER APPLICABLE LAW,
INCISOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR
RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT
TO THE PLATFORM, SOFTWARE, AND DOCUMENTATION, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING,
COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. INCISOR ALSO PROVIDES NO
WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND THAT THE
PLATFORM, SOFTWARE, OR DOCUMENTATION WILL MEET YOUR REQUIREMENTS, ACHIEVE
ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE,
APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY
PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR
DEFECTS CAN OR WILL BE CORRECTED.
13. Limitation of Liability. TO THE GREATEST EXTENT ALLOWED UNDER APPLICABLE
LAW:
(a) IN NO EVENT WILL INCISOR OR ITS AFFILIATES, OR ANY OF ITS OR THEIR
RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY
THIRD-PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE
PLATFORM, SOFTWARE, OR DOCUMENTATION; LOST REVENUES OR PROFITS;
DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS, OR GOODWILL; LOSS
OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE
FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER,
READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT
INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT
COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY; OR FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE
DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT
INCISOR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
(b) IN NO EVENT WILL INCISOR'S AND ITS AFFILIATES', INCLUDING ANY OF ITS
OR THEIR RESPECTIVE LICENSORS' AND SERVICE PROVIDERS', COLLECTIVE
AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS
SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH
OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND
OTHERWISE, EXCEED THE TOTAL AMOUNT YOU PAID TO INCISOR UNDER THIS
AGREEMENT FOR THE LOWER OF (i) YOUR SUBSCRIPTION TO OUR PLATFORM, OR
(ii) UP TO TWELVE (12) MONTHS PRIOR TO THE SPECIFIC DATE THAT IS THE
SUBJECT OF THE CLAIM.
(c) THE LIMITATIONS IN SECTIONS 13(a) AND (b) WILL APPLY EVEN IF YOUR
REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
(d) Some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages.
Therefore, in those states or jurisdictions, the foregoing limitations
of liability will apply only to the greatest extent allowed by law.
14. Indemnification; Statute of Limitations for Claims.
(a) You agree to indemnify, defend, and hold harmless Incisor and its
officers, directors, employees, agents, affiliates, successors, and
assigns from and against any and all losses, damages, liabilities,
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SCHEDULE A
THIRD-PARTY MATERIALS AND LICENSES:
(1) FIREBASEAUTHENTICATION.NET ACKNOWLEDGEMENT
The following license is associated with the FirebaseAuthentication.net
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-----------------------------------------------------------------------------
(2021.08.04)
The MIT License (MIT)
Copyright (C) 2016 Step Up Labs
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.
-----------------------------------------------------------------------------
(2) FREETYPE ACKNOWLEDGEMENT
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-----------------------------------------------------------------------------
(2023.08.25)
Portions of this software are copyright (C) 2023 The FreeType
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-----------------------------------------------------------------------------
(3) LODEPNG ACKNOWLEDGEMENT
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-----------------------------------------------------------------------------
(2020.10.17)
Copyright (C) 2005-2018 Lode Vandevenne
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-----------------------------------------------------------------------------
(2020.06.17)
The MIT License
Copyright (C) 2010-2020 three.js authors
Permission is hereby granted, free of charge, to any person obtaining a copy
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The above copyright notice and this permission notice shall be included in
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Please see the Incisor(R) End User License and Terms of Use Agreement for
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-----------------------------------------------------------------------------
(2021.03.10)
GNU LIBRARY GENERAL PUBLIC LICENSE
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