iCandi Apps ® | Licensing Information

Licensing Information

NIGHT SKY™ LICENSE AGREEMENT

BY PURCHASING,DOWNLOADING, AND/OR USING ‘NIGHT SKY’ YOU AGREE TO ALL THE TERMS OF THE AGREEMENT BELOW:

Night Sky™ has been developed by iCandi Apps ® Limited which is referred to in this document as “iCandi Apps”.

In this document YOU are referred to as the end-user and by downloading this app you agree to the terms and conditions set out by this license. The end-user must comply with applicable third party terms of agreement when using this application and you, the end-user agrees to this by downloading this application. This is a legal agreement between you and iCandi Apps ® Limited (“iCandi Apps”) regarding your use of Night Sky™ software and all data or content that is assessed or utilised by Night Sky™ software (collectively the “Software”). By installing or using the Software, you agree to be bound by the terms of this End-User License Agreement (this “EULA”). If you do not agree to the terms of this EULA, you are not entitled to use the Software and must uninstall the Software from any computers or devices on which it is installed.

iCandi Apps will not be responsible for any costs, expenses, damages, losses (including without limitation lost business opportunities or lost profits) or other liabilities you may incur as a result of your use of this iCandi Apps Software.

LICENSE

Subject to the terms and conditions of this EULA, iCandi Apps grants you a non-exclusive, non-transferable, non-assignable license (without right of sublicense) to install and use the Software on a iPhone, Apple Watch, iPod touch, iPad, Apple TV, or Apple Computer personal device that you own and control (the “Device”), and to maintain backup copy of the Software on your personal computer, solely in machine executable object code form and solely for your personal use.

RESTRICTIONS

The Software and any related documentation are protected by England and Wales copyright law and international treaty provisions. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of iCandi Apps. You may not assign this EULA or any of the rights or licenses granted under this EULA or rent, lease, or lend the Software to any person or entity. Any attempted sublicense, transfer, or assignment in violation of this EULA is void. You acknowledge that the Software contains proprietary trade secrets of iCandi Apps and its licensors. You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.

OWNERSHIP

The Software is licensed, and not sold, to you under this EULA. You have no ownership rights in the Software, Services or any related documentation. iCandi Apps, and its licensors retain all right, title and interest in and to all copies of the Software and Services (including changes, modifications, or corrections thereto) and any related documentation.

SUGGESTIONS

If you elect to provide or make available to iCandi Apps any suggestions, comments, ideas, improvements, or other feedback or materials related to any iCandi Apps product or otherwise (collectively, “Suggestions”), iCandi Apps will be free to use, disclose, reproduce, modify, license, transfer, and otherwise utilise and distribute your Suggestions in any manner. You will be entitled to no compensation or credit for, nor gain any right, title or interest in or to, any product of iCandi Apps that incorporates or otherwise is based on your Suggestions, including without limitation any upgrades or changes to the Software or Services.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND APPLICATION AND ANY SERVICES OR CONTENT PROVIDED (THE SERVICE) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU AS IS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. iCandi Apps MAKES NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

EXCLUSIONS

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties. iCandi Apps makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Software.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

TERMINATION

This EULA is effective until it is terminated. You may terminate this EULA at any time by destroying all copies of the Software and related documentation in your possession or under your control. This EULA will automatically terminate if you violate any of the terms of this EULA. Upon termination of this EULA, all license rights granted to you shall immediately terminate. However, all other provisions of this EULA shall survive such termination.

MISCELLANEOUS

This License will be governed by and construed in accordance with the laws of the United Kingdom, as applied to agreements entered into and to be performed entirely within the United Kingdom between United Kingdom residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

This License constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by iCandi Apps. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

PUBLIC CODE ACKNOWLEDGEMENTS

Satellite tracking in this app uses the public source code for sgp4 from http://www.centerforspace.com/downloads/files/sgp4/AIAA-2006-6753Code.zip. this code is public domain, and the tutorials from Dr. T. S. Kelso show how to use it. (http://celestrak.com/columns/)

Sean Barrett’s truetype and image loading code is used in this app.
Image loading support in this app is derived from Sean Barrett public domain code.

BSD LICENSING NOTICE

Night Sky (Software) is closed source software.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

PayPal’s card.io, MIT license:
Copyright (c) 2013-2014 eBay Software Foundation
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.

AgileBits’ 1Password App Extension, 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.

Eigen: MPLv2 license text can be found at http://www.mozilla.org/MPL/2.0/; the source code is available at https://bitbucket.org/eigen/eigen/ or via http://eigen.tuxfamily.org/

Erica Sadun’s code, BSD license:

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

George Kitz’s UIDevice-with-UniqueIdentifier-for-iOS-5, MIT license:

Colloquy’s Chat Core, BSD license:

Actual license text not provided — http://colloquy.info/project/wiki/Source%20Code says “Chat Core is licensed under the BSD license terms”. For generic BSD license text, see http://opensource.org/licenses/bsd-license.php

Willow Garage’s OpenCV, BSD license:

Actual license text not provided — http://opencv.willowgarage.com/wiki/ says “OpenCV is released under a BSD license, it is free for both academic and commercial use.”, with links to http://opensource.org/licenses/bsd-license.php and http://en.wikipedia.org/wiki/BSD_licenses

Josh Bleecher Snyder’s TLCommon, MIT license:

The MIT License

Tomáš Znamenáček’s Lambda Alert, MIT license:

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.

Facebook’s Three20, Apache 2.0 license:

Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Openstack, Apache 2.0 license:

Actual license text not provided — http://openstack.org/ says “The OpenStack project is provided under the Apache 2.0 license.”; the Apache 2.0 license text can be found at http://www.apache.org/licenses/LICENSE-2.0.txt

Makoto Matsumoto and Takuji Nishimura’s http://www.math.sci.hiroshima-u.ac.jp/~m-mat/MT/emt.html

iCandi Apps will never sell any information associated with you. Server logs are maintained for hit-tracking purposes and your IP address may be recorded.
The Software was developed with security as its highest priority, however, iCandi Apps is not responsible should information get exposed through hacker exploitation or otherwise.

You agree that the owners of this Software (iCandi Apps) exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this Software and its services or delete the data you provide, whether temporarily or permanently. We (iCandi Apps) shall have no liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

The use of this Software is provided “AS IS” and NO guarantee, implied or express, is provided should there be any error, data loss or any other event causing any malfunction whatsoever. It is up to the user to back-up any information input into the Software and service may stop without prior warning.

USE OF THE SOFTWARE IS AT THE USER’S OWN RISK

THE SOFTWARE AND SERVICES ARE NOT FAA CERTIFIED AND MUST NOT BE USED FOR PRIMARY NAVIGATION. THE SOFTWARE AND SERVICES MAY NOT BE USED FOR SAFETY OF LIFE APPLICATIONS, OR FOR ANY OTHER APPLICATION IN WHICH THE ACCURACY OR RELIABILITY OF THE SOFTWARE OR SERVICES COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR. DO NOT ATTEMPT TO CONFIGURE THE SOFTWARE OR INPUT INFORMATION WHILE DRIVING. FAILURE TO PAY FULL ATTENTION TO THE OPERATION OF YOUR VEHICLE COULD RESULT IN DEATH, SERIOUS INJURY, OR PROPERTY DAMAGE. BY USING THIS SOFTWARE, YOU ASSUME ALL RESPONSIBILITY AND RISK. USE AT YOUR OWN RISK.

THIRD PARTY SERVICES

Goods and services of third parties may be advertised and/or made available on or through this Software. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. iCandi Apps shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

RESOURCES LICENSING NOTICES

NIGHT SKY COMMUNITY LICENSING INFORMATION

Night Sky™ (Software) uses code and data under license from the application ‘Dark Sky Finder’ by James Skidmore
Thanks to Jonathan Tomshine for the resources and large initial database of dark sky sites. His website Dark Sky Finder can be found at http://jshine.net

Light Pollution Maps
P. Cinzano, F. Falchi (ISTIL – Light pollution science and technology instate), C. D. Elvidge (NOAA National Geophysical Data Center, Boulder). Maps based on these data were first published by Monthly Notices of the Royal Astronomical Society.

Light Pollution Map (2001) – https://sites.google.com/site/3davel/home/light-pollution
Thank you to Attilla Danko for the Clear Sky Charts site which is found at http://cleardarksky.com/csk

MOON TOURS

Apollo 11 and Apollo 15 Moon Tour
Thanks to NASA Ames Research Centre SpaceShop for 3D model of lunar surface.

Copernicus Crater Moon Tour
Thanks to Seth S. Horowitz and Peter H. Schultz of the Northeast Planetary Data Centre, NASA RPIF System for 3D model of lunar surface.

MUSIC AND SOUND EFFECTS

All the music in the Software has been licensed to iCandi Apps under mass market unlimited licenses by NEO Sound.com. The tracks and License Certificate numbers are as follows:

Audio Clip: Magnetic Fluid (Full Track), Title: Magnetic Fluid, Composer: Aleksandar Dimitrijevic (TONO), Publisher: Lynne Publishing (PRS), License Certificate Number: 61608-MTR-92539

Audio Clip: Ocean World (Full Track), Title: Ocean World, Composer: Aleksandar Dimitrijevic (TONO), Publisher: Lynne Publishing (PRS), License Certificate Number: 61608-MTR-92540

Audio Clip: Tempus Nova (Full Track), Title: Tempus Nova, Composer: Aleksandar Dimitrijevic (TONO), Publisher: Lynne Publishing (PRS), License Certificate Number: 61608-MTR-92541

Sound Effects licensed from Empty Sea Audio Media as part of UI One Sound Pack.

The Sky Information element of the Software uses data about planets, stars, constellations and other celestial objects from Wikipedia. Information shared under the Creative Commons Attribution-Share-Alike License 3.0. Satellite information source: AFSPC.

END-USER TERMS REQUIRED BY APPLE

You acknowledge and agree that (i) this EULA is concluded between you and iCandi Apps, and not Apple, Inc. (“Apple”); (ii) iCandi Apps and its licensors, and not Apple, are solely responsible or the Software; (iii) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Software; (iv) in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price you paid for the Software; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software; (vi) Apple is not responsible for any claims that you have arising out of your use of the Software; (vii) Apple will have no responsibility whatsoever for the investigation, defence, settlement or discharge of any third-party claim that the Software infringes that third party’s intellectual property rights; and (viii) Apple and its subsidiaries are third party beneficiaries of this EULA and, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) as third party beneficiary to enface this EULA against you. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. YOUR USE OF THIS SOFTWARE IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

If you have any further questions about licensing of ‘Night Sky’™, please e-mail Enquiries@iCandiApps.com

LEGAL ENTITY

iCandi Apps Limited trading as iCandi Apps ®

® Registered United States of America Trademark Number: 4775066
® Registered European Community Trademark Number: 011830296

Company Registered in England & Wales
Registered address: iCandi Apps Limited, Unit B Rubery House, The Avenue, Rubery, Birmingham, B45 9AL, United Kingdom
VAT Registration Number: 131 6146 46
Private Limited Company Number: 7936208