Xyken Terms of Use

About Our Terms of Use

Xyken, LLC provides solutions for 3D imaging, 2D imaging, specialized optics, miniature embedded DSP/FPGA hardware development, among other processing solutions focused on entertainment, industrial, and healthcare needs (collectively referred to as the “Products and Services”).  By purchasing and/or using any of these Products and Services, you agree to the terms of the following terms of use (“Terms of Use”).

Future Communications or Changes. We reserve the right to change, delete, discontinue, or impose conditions on any feature or aspect of the Products and Services without prior notice.

License for Use

Limited License. Upon acceptance of these Terms of Use, you will be granted a limited license to use the Products and Services as described herein and subject to these Terms of Use. You acknowledge and agree that Xyken, LLC retains exclusive and sole ownership of and title to all ownership and Intellectual property rights pertaining to the Products and Services such as software, technology, data, and any related materials and information provided to you for use of the Products and Services (“Intellectual Property Rights”). Such Intellectual Property Rights include but are not limited to: all patent rights; copyright including rights in derivative works; moral rights; right of publicity; trademark, trade dress, and service mark rights; goodwill; trade secret rights; and other intellectual property rights as may now exist or hereafter come into existence, including all applications and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

Restrictions.  You agree not to make copies of any materials provided by Xyken, LLC ("Documentation") as part of the Products and Services. Except as expressly permitted, you may not modify or adapt the Programs in whole or in part (including but not limited to translating or creating derivative works), reverse engineer, decompile or disassemble the Programs.  You shall not remove any copyright notices or other proprietary notices from the Products and Services. Results of any benchmark or other performance tests run regarding the Products and Services may not be disclosed to any third party without Xyken, LLC's prior written consent.

 

Improvements.  We always welcome ideas and suggestions for our products and services.  If you submit any ideas or suggestions for improvements of the Products and Services (“Improvements”), you agree that the entirety and any and all portions of your Improvements will immediately upon submission become our sole and exclusive property.  Regardless of whether we accept and/or utilize the Improvement in any way or not at all, you acknowledge and agree that you will retain no legal rights to the Improvements or any Intellectual Property Rights contained therein, including any rights that would result in a fiduciary duty or other obligation on our part, including compensation of any kind, and we are free to use the Improvements without any additional compensation to you and/or to disclose the Improvements on a non-confidential basis or otherwise to anyone.  You further acknowledge and agree that, by receiving your Improvements, we do not waive any rights to use similar or related ideas previously known by us, or developed by our employees, or obtained from sources other than you.

Confidential Information.  The Products and Services, including all information, data, drawings, specifications, documentation, software listings, source or object code which Xyken, LLC may have imparted and may from time to time impart to you relating to the Products and Services (other than the ideas and principles which underlie the Products and Services), are considered proprietary and confidential to Xyken, LLC.  You hereby agree that you shall use the same solely in accordance with these Terms and Conditions and that you shall not at any time during or after expiry or termination of the Products and Services, disclose the same, whether directly or indirectly, to any third party without Xyken, LLC’s prior written consent.  The foregoing provisions shall not prevent the disclosure or use by you of any information which is or hereafter becomes public knowledge (unless that is in any way the result of your actions) or to the extent permitted by law.

Registering for the Products and Services

Registration. In some instances, you may need to register with us in order to use the Products and Services or otherwise.  In such case, we will provide you with the instructions necessary to register and create your Xyken, LLC account.   At the time of registration, we may collect basic information including but not limited to your name, address and email address.  If an account is created on your behalf, you are responsible for maintaining the security of your account credentials.  If you discover that any of your personalized security features have been lost or stolen or that someone else has used or attempted to use your account without your authorization, you must notify us immediately.  

 

License Charges.  You are responsible for payment of any applicable fees (“License Charges”) for use of the Products and Services.

 

Provision of Products and Services

Use of Third Party Services.  In order to enable you to use the Products and Services, we may utilize third party cloud or other services for the provision of our Products and Services to you and/or for our research and development purposes.  We reserve the right to require or recommend installation of additional software including updates to enable continued use of the Products and Services.  

 

Additional Products and Services.  From time to time we may offer you additional features or services which may be subject to additional or different terms of service.  If you use such additional services, you agree to be bound by any additionally applicable terms of service provided at that time.  

Restrictions on Use

Bona Fide Use.  You acknowledge that the Products and Services are only made available for your own personal and/or internal use, and that it is not intended to be sold by you or used by others.  By using our Products and Services and agreeing to these Terms of Use, you agree that you will only use the Products and Services for bona fide and lawful applications and services.  You acknowledge that you are required to obey all laws, rules, and regulations applicable to your use of the Products and Services, including but not limited to those governing privacy protection, financial services and consumer protection.

 

Specific Restrictions.  You further agree that, except to the extent otherwise required by law, you will not, nor permit any third party to:  (i) access or attempt to access our systems, programs or data that are not made available for public use; (ii) copy, reproduce or republish  in any way any software, technology or copyrighted material provided by us; (iii) permit any third party to use and benefit from the Products and Services via a rental, lease, timesharing, service bureau or other arrangement without expressly requiring the third party to agree to these Terms of Use; (iv) transfer any rights granted to you under these Terms of Use without express written permission from us; (v) perform any activity that would remove or alter the technical limitations of the Products and Services, use any tool to enable features or functionalities that are otherwise disabled in the Products and Services, or decompile, disassemble or otherwise reverse engineer the Products and Services, except to the extent that such restriction is expressly permitted by any applicable law or with our express written permission; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Products and Services, prevent access to or use of the Products and Services by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; (vii) otherwise use the Products and Services except as expressly allowed under this section; or (viii) use the Products and Services from, or on behalf of persons or entities (a) in a country embargoed by the United States, (b) are identified as blocked or denied persons or entities (such as politically exposed persons or specially designated nationals) by the United States or (c) in violation of export control laws.

Security and Data Privacy

Our Security Controls.  We are committed to protecting the security of all data held by us for provision of the Products and Services to you and will maintain commercially reasonable security controls to protect this information from unauthorized access and accidental loss or modification. However, we cannot guarantee the security of this data against access by unauthorized third parties for improper purposes, and you agree that we are not responsible for losses resulting from a compromise of your login credentials or other information you may provide or may be collected or generated from your use of the Products and Services.  You agree and acknowledge therefore that if you provide any personal information to us you will do so at your own risk; that you have reviewed our Privacy Policy; and that by using our Products and Services you agree to the terms of this Privacy Policy with regard to the treatment of your personal information.  

Your Security Controls.  You are responsible for the security of data on your own site and/or infrastructure, through your application, or otherwise in your possession, and you agree that you will use best efforts to comply with all applicable national or regional laws and rules in connection with your collection, security and dissemination of any personal, financial or transaction information on your site or through your application.

Data Privacy.  Protection of your personal data is very important to us, and we use commercially reasonable efforts to remain in compliance with applicable data protection laws as amended from time to time. We reserve the right to retain the data generated by our Products and Services for research and development purposes. The data generated and retained may include your personal information to the extent indicated herein.  Our online Privacy Policy explains how and for what purposes we collect, use, retain, disclose, and safeguard the information you provide to us, including potentially transferring personal data to servers located in the Europe and the United States or elsewhere.  As noted, by using our Products and Services you have agreed to the terms of our Privacy Policy and consent to our collection, use, retention, and disclosure of personal information as incorporated by reference herein.  You acknowledge and agree that we are reliant on any specific instructions you provide with respect to the treatment of your personal data and consents you have obtained from third parties for personal data of those third parties you provide to us.  As a result, we disclaim all liability for claims brought by a data subject arising from any action or omission by us to the extent that such action or omission resulted from your instructions or failure by you to obtain necessary consents from any third parties as required by law.  

Term and Termination

These Terms of Use will become effective upon your electronic indication of acceptance or downloading and/or use of the Products and Services, whichever is earlier.  We can terminate these Terms of Use (i) immediately, upon breach by you of any of these Terms of Use, and (ii) for any other reason at any time.  If any funds are determined to be owed to us, they will be owed upon termination and must be paid no later than thirty (30) days after termination.  

You may terminate these Terms of Use by closing your Xyken, LLC account, (if you have one) at any time by contacting Xyken, LLC or be deleting the downloaded application on all devices owned by you.  Upon termination for any reason by you or us, we will immediately discontinue your access to the Products and Services.  Upon termination you acknowledge and agree: (i) to immediately cease your use of and/or delete the Products and Services, (ii) that the licenses granted under these Terms of Use will not be renewed if/when they expire, (iii) that we will delete all personally identifiable information that may be stored on our servers, and (iv) we will not be liable to you for compensation, reimbursement, or any damages whatsoever in connection with the deletion of your information or account data. 

Taxes

You are responsible for determining what, if any, taxes apply to the purchase and/or onward sale of the Products and Services, and for any collection, payment or reporting of the correct tax to the proper tax authority.

Access, Correction and Complaints – Contact Us

If you have any questions or concerns about this Privacy Policy or would like to access or seek correction of your personal data, please contact us via our email: info@xyken.com or write to us at 7921 Jones Branch Dr. #392 McLean, VA 22102, USA.

Last updated March 1, 2019.