应用程序许可条款和隐私政策

WHO WE ARE AND WHAT THIS AGREEMENT DOES

This license is entered into between either CIRRUS LOGIC, INC., a Delaware corporation located at 800 WEST SIXTH STREET, AUSTIN, TEXAS, 78701 USA (for users based in the United States) or CIRRUS LOGIC INTERNATIONAL (UK) LTD, a company registered in Scotland (Registered Number SC089839) whose registered office is at 7B NIGHTINGALE WAY, QUARTERMILE, EDINBURGH EH3 9EG UNITED KINGDOM (for users based outside the United States) (each, and together, “Cirrus Logic”, “we” or “us”), and you.

Cirrus Logic may from time to time make available applications on Google Play store. These license terms and privacy policy govern, insofar as applicable to the specific application being used, your access to and use of:

  • Cirrus Logic mobile application software, the data supplied with the software, beta applications for testing purposes that have not yet been publicly released and applications for the purposes of collecting voice samples (each referred to as an App) and any updates or supplements to the App through Google Play;
  • Crashlytics, a Google reporting solution for developers of mobile applications, which may be used in connection with the App for crash reporting and beta testing; and
  • Answers, a Google mobile analytics software development kit service made available for mobile applications, which may be used in connection with the App.

The effective date of this agreement is the date of acceptance by you of these terms, including by installing and/or using the App, or by “clicking to accept” the terms of this Agreement. You may also accept, or have accepted, separate additional terms (including but not limited to waiver terms) specifically relating to your use of a particular App. In the event of inconsistency between this Agreement and those terms, those terms will take precedence.

GOOGLE PLAY, CRASHYLTICS AND ANSWERS’ TERMS

Cirrus Logic and you acknowledge that this agreement is entered into by it and you only, and not with Google Inc. and its worldwide affiliates. Cirrus Logic is solely responsible and liable for the App, including (i) any related maintenance and support; (ii) any and all express, implied or statutory warranties associated with the App; and (iii) any disputes or claims arising out of or related to the access and use of the App.

The ways in which you can use the App may also be controlled by Google Play’s, Crashlytics and Answers’ rules and policies [https://play.google.com/about/developer-distribution-agreement.html] and [https://fabric.io/terms] which will apply instead of these terms where there are differences. If you are a beta tester of an App for which Crashlytics is being used, this agreement applies between Cirrus Logic and you instead of the EULA at Appendix A of the Crashlytics agreement.

HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON

In return for your agreeing to comply with these terms, Cirrus Logic grants you a limited, non-exclusive, non-assignable, non-sublicensable license for the purposes of this agreement to:

  • access, download or stream a copy of the App onto such device as detailed at a technical level by us in the Google Play store and view, use and display the App on such devices for the purposes of this license only; and
  • receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

UPDATES TO THE APP

From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

LICENSE RESTRICTIONS

You agree that you will:

  • not rent, lease, sell, sub-license, loan, provide, distribute, transmit or otherwise transfer or make available, the App in any form, in whole or in part to any person without prior written consent from us;
  • not copy or reproduce the App;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
  • not modify, disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things (other than as permitted by law), and provided that the information obtained by you during such activities:
    1. is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it (other than as permitted by law); and
    2. is not used to create any software that is substantially similar in its expression to the App;
    3. is kept secure; and
    4. is used only as permitted by law;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App;
  • if applicable, use reasonable efforts to beta test any App downloaded.

ACCEPTABLE USE RESTRICTIONS

You must:

  • not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms);
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
  • not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers.

NO COMPENSATION

If you become a beta tester, you are acting as a volunteer. You will bear your own costs, including any mobile carrier and data costs, that you incur in connection with your use of the App or providing any User Feedback, namely all feedback, suggestions, ideas or other materials and information provided by you with respect to any beta App.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE

The App is provided to you by Cirrus Logic on an “as is” basis. In particular, beta Apps are test versions made available to you for testing and evaluation purposes only. Beta and demo Apps are not ready for commercial release and may contain bugs, errors and defects.

You download the App at your own risk. The App has not been developed to meet your individual requirements. We do not make any warranty, express, implied or statutory (and we expressly disclaim any implied warranty of merchantability, fitness for a particular purpose, good title, non-infringement, satisfactory quality or performance).

We (or our suppliers) will not be liable to you or anyone else for:

  • any loss, injury or damage caused in whole or in part by the installation, operation or use of the App or the results produced by, or failures, delays or interruptions of the App;
  • any intellectual property claims arising from the App; and/or
  • any indirect, consequential, incidental, or special damages, including but not limited to lost profits, loss of data, loss of content, loss of in-App features or business interruption.

The entire risk as to the quality and performance of the App, and any decision to use the App is with you. Subject to the above, our (or our supplier’s) total liability to you in terms of this license, arising in contract, tort (including negligence) or otherwise shall not exceed FIFTY DOLLARS USD ($50). However, nothing in these terms will operate to exclude or limit our liability to the extent such exclusion or limitation is not permitted by law.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.

Any User Feedback that you provide will be owned by Cirrus Logic. You hereby assign all of your right, title and interest in and to any User Feedback to Cirrus Logic and acknowledge that Cirrus Logic has the unrestricted right to use and exploit such User Feedback in any manner, with or without attribution, and without compensation or any duty to account to you for such use.

CONFIDENTIALITY

You acknowledge that in the course of using the App, you may obtain or be provided with information relating to the App, and/or Cirrus Logic or its Affiliates, and the products, business, customers, licensors, partners and suppliers of Cirrus Logic or its Affiliates. The App and any such related information are confidential to Cirrus Logic and/or its Affiliates (“Proprietary Information”). “Affiliate” means any entity that directly or indirectly controls, is controlled by or is under common control of a party.

Proprietary Information belongs solely to Cirrus Logic and its Affiliates (or, as the case may be, relevant third parties) and includes, but is not limited to: the design, code, architecture, features, functions and modes of operation of the App ; trade secrets; know-how; inventions (whether patentable or not); techniques; processes; programs; algorithms; testing procedures; other computer code; design and function specifications; product requirements; problem reports; analysis and performance information; software and hardware documents; and other technical, business, marketing and financial information.

During and after the term of this License, you agree:

  • not to use (except as expressly authorized in this License), disclose, or provide any third-party access to any Proprietary Information without our prior written consent. For example, you agree not to share screenshots or video clips of the App with your friends, family, coworkers or the media; and
  • to take all reasonable measures to maintain the confidentiality of and prevent anyone from obtaining the Proprietary Information, in a manner in which you would protect your own Proprietary Information. For example, you agree to restrict access to your mobile device, prevent others from watching you use the App and not create any screenshots or video clips of the App

PRIVACY POLICY

Depending on the App used, we may have access through your use of the App to certain personal data regarding you, including but not limited to name and email address. In other cases, we may not, or may choose not to, have access to your personal data. The specific terms for each App set out whether, and if so what, personal data we will have access to or will be collected through use of the App.

Where we have access to or collect personal data through use of the App, the following terms will apply. We will only use such personal data we collect for the purposes of providing the App to you, and contacting you in relation to the App.

We may wish, and by using the App you also agree, to us collecting and using technical information about the devices you use the App on (including device model and manufacturer and unique device identifiers) and related software, hardware and peripherals and usage data in connection with the App to improve our products, to obtain information about the user engagement and functionality of the App and to provide any services to you.

For these purposes, we may also share your contact details and end user data with third party providers such as Google and Crashlytics and/or Answers (if used in connection with the App) in the manner contemplated by the provision of the services by such third party, including without limitation disclosure of the use of technology to track users’ activity and to otherwise collect information from users. End user data includes data associated with a particular end user, mobile device identifier or full IP address. Third parties such as Google may collect and use data to improve their products and services and for analytics purposes and may disclose such aggregated end user data. You may opt out of internet based advertising by using your device settings (“Limit Ad tracking” on IOS and “Opt out of interestbased ads” on Android).

By using this App and agreeing to these terms, you consent to the use of data in this way and for these purposes. Google’s Privacy Policy is available here [https://policies.google.com/privacy?hl=en&gl=gb] and the Data Processing and Security Terms and Privacy Policies for Crashlytics and Answers are available here [https://fabric.io/terms].

In order to provide the App to you, we may have to provide your personal data to our Affiliates, including those based outside the European Economic Area (EEA), in jurisdictions that may not have similar/as stringent laws governing data protection. Irrespective of which country you live in, you authorize us to use your information in, and as a result to transfer it and store it in, the United States and any other country where Cirrus Logic or Google (or third party service providers acting on its behalf), Crashlytics or Answers operates.

Privacy and data protection laws in some of these countries may vary from the laws in the country where you live. However, where Cirrus Logic transfers your personal data outside the EEA we will only do this where permitted do so by applicable data protection law, and any transfer outside the EEA will be subject to special contract terms known as the EU “Model Clauses”, to ensure that there are adequate safeguards in place to protect your personal data.

We will only keep your personal data for as long as you have installed the App or for as long as the data is needed by us to fulfill the purposes of this license (whichever is longer).

ENDING YOUR RIGHTS TO USE THE APP

This license is effective until terminated by you or Cirrus Logic. We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

We may also end your rights to use the App at any time by contacting you on 30 days notice for any reason, including but not limited to where we will no longer be providing the App, or where a third party has claimed that the App infringe its intellectual property rights.

If we end your rights to use the App:

  • You must stop all activities authorized by these terms, including your use of the App.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and, if requested, confirm to us that you have done this.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.

We are giving you personally the right to use the App as set out above. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

CHANGES TO THESE TERMS

We may need to change these terms to deal with additional features which we introduce. We may notify you of a change by email or when you next start the App. If you do not accept the notified changes you will not be permitted to continue to use the App.

These terms are governed by the laws of the State of Texas and the United States without regard to the conflict of law provisions and we and you agree that any legal proceedings may only be raised in the State of Texas Courts in Austin.