GemSDK for Windows (1.0.1)
GemSDK for Windows (1.0.0)
Supports Win7/Win8.1/Win10 platforms. Requires supported Bluetooth 4.0+ (Low Energy) controller, for more information read the installation section in the Windows tutorial.
GemSDK for Linux
This package contains the headers and the binaries for the GemSDK library. The included binaries are currently compiled for x86, x86-64 and armv7l.
Order Processing and End User License Agreement
This Agreement (“Agreement”) is between the individual or entity accepting it (“You” or the “User”), and Gemsense Ltd. (“Gemsense”). You accept this Agreement by clicking an “agree” or similar button, where this option is provided by Gemsense, or if You order, purchase, install, register for, use or access the Item (as defined below) or any part of the Item. Your agreement to these terms also binds Your authorized users, if any, and Your company or organization. If You do not agree to the terms of this Agreement, You may not accept it.
1. Introduction; Processing; Sale.
You represent You are not barred under any relevant legal system and have full legal authority to enter into and take on your rights and obligations under this Agreement.
You will be required to register and submit certain details to Gemsense as separately communicated to You by Gemsense in order to order the Item. Please note Gemsense, as a service to its customers, advertises certain products that it is perfecting and considering for sale in practice. Therefore, within 90 days (the “Processing Period”), unless such period is lengthened by Gemsense at its sole discretion, Gemsense will inform you whether the Item will be supplied and You will be granted a License to use the Item in accordance with this Agreement (the “Supply”) in exchange for Your payment of the fees as communicated separately and as set forth in Section ý3 below. If the Supply does not occur by the end of the Processing Period, Gemsense will destroy all of Your personal information it holds at said time and this Agreement will automatically be terminated.
2. License Grant.
Subject to Gemsense’s decision to effect the Supply, Gemsense hereby grants You a personal, royalty free, non-exclusive, non-transferable, non-sublicensable and non-assignable limited license (the “License”), to install, execute, register for, and/or use (in the case of software) the Item, solely for the purpose of evaluating the Item and its personal use potential in accordance with the terms of this Agreement. For the removal of doubt, no commercial use may be made by You or may you allow any others on Your behalf to use the Item in any respect without, and subject to, Gemsense's prior written consent. You shall not make any copies of the Item or any part thereof and are expressly prohibited from providing the Item or any portion thereof, or access thereto, to any third party, except as otherwise agreed to by Gemsense in writing. You shall not remove or destroy any trademark, copyright, legend, marking, or restricted rights notice: (a) affixed to any media containing the Item; or (b) incorporated within the Item or on the hardware of the Item. Without derogating from the provisions of this Section ý2 above, You shall reproduce any such trademark, copyright, legend, marking, or restricted rights notice in any copy of the Item created by You. Gemsense may, but is not required to, make Updates to the Item, as it deems necessary. You acknowledge that neither the License nor this Agreement include any license or rights to use Updates, which license and usage rights shall be separately agreed upon in writing between the parties. Notwithstanding the above, You agree that such Updates may require You to change or update certain parts of the Item, and may affect Your subsequent ability to use, access, or interact with the Item.
Without derogating from any restrictions set forth in this Agreement, intellectual property created by You in course of your use of the Item that contains the Item shall fully and completely vest in You, save the Item, which is and shall continue to be owned by Gemsense, including all updates, modifications, additions, and/or upgrades or similar changes of or to the Item itself, as determined by Gemsense (“Updates”) (which may or may not be produced by Gemsense at its sole discretion), irrespective of whether You, a third party, or Gemsense is the creator of such Updates.
3. Separate Instructions; Consideration; Shipment; Third Party Materials;
4. Use of the Item by You.
You agree to use the Item only for personal purposes that are permitted by (a) this Agreement and/or (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of items, things, data or software to and from the State of Israel or other relevant countries).
Without derogating from other restrictions in this Section ý4 or in Section ý2, You agree that if You use the Item to develop technology, products, or other items for general public users, the technology you develop will not compete with Gemsense’s business in any way.
5. Term and Termination.
Unless terminated in accordance with the terms herein, the term of the license and the Agreement shall be perpetual. If You want to terminate this Agreement, You may terminate it by uninstalling and destroying all parts of the Item owned by Gemsense in accordance with Section ý8 that are in the possession, custody or control of You, Your authorized users and/or Your organization. Gemsense may terminate this Agreement (i) at any time for any or no reason upon 30 days prior written notice to You or (ii) immediately upon written notice to You if You have materially breached this Agreement.
Upon expiration or termination of this Agreement, You agree to destroy all copies of the Item and any other Confidential Information (except the Device itself) within Your possession, or in the custody or control of You, Your authorized users and/or Your organization. Upon termination, all rights and obligations pursuant to this Agreement including the licenses shall immediately terminate, except for any provisions of this Agreement that are intended by their nature to survive termination, including Sections ý5 (“Term and Termination”), ý6 (“Feedback”), ý8 (“Title”), ý9 (“Confidential Information”), ý11 (“Warranties and Limitations”), ý12 (“Indemnification”) and ý14 (“General”) herein, which shall survive the expiration or termination of this Agreement.
Gemsense welcomes any feedback concerning the functionality and performance of the Item. You acknowledge that all rights and intellectual property and ownership rights in any feedback, suggestions, ideas or other inputs that You provide Gemsense in connection with the Item and any improvements and/or enhancements to the Item, howsoever arising, including as a result of any such feedback, ideas, input or information provided by You as aforesaid shall vest solely with Gemsense.
7. Information Collected.
All intellectual property rights, title and interest in the Item (and all copies thereof) and any Updates (if produced) shall at all times remain with Gemsense and no license in the Item or under any Gemsense intellectual property rights is granted to You except as explicitly provided in Section ý2 above.
You shall not and shall not permit any third party to: (a) engage in, cause, or permit the reverse engineering, disassembly, decompilation or any similar manipulation or attempt to discover the source code of the Item or hardware of the Item or any part thereof; (b) bypass, alter, or tamper with any security or lockout features of the Item; (c) create any derivative work or translation of the Item or any part thereof; or (d) incorporate or combine the Item, with any open source software in such a way that would cause the Item, or any portion thereof, to be subject to all or part of the license obligations or other intellectual property related terms with respect to such open source software.
Nothing in this Agreement gives You a right to use any of Gemsense's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
9. Confidential Information.
You acknowledge and agree that the Item was developed at considerable time and expense by Gemsense and contains valuable trade secrets and confidential information of Gemsense. Accordingly, You agree to maintain the confidentiality of any proprietary information received by You during, or prior to entering into, this Agreement, including, without limitation, the Item and any know-how disclosed by Gemsense, trade secrets and other proprietary information, that is confidential or proprietary based on the circumstances surrounding the disclosure, including, without limitation, non-public technical and business information and all other information about Gemsense’s business obtained in the context of this Agreement (“Confidential Information”). The restriction herein shall not apply to the extent that such information is in the public domain or hereafter falls into the public domain through no fault of You. You agree not to use said Confidential Information for any purpose except as necessary to fulfill Your obligations and exercise Your rights under this Agreement. You shall protect the secrecy of and avoid disclosure and unauthorized use of Gemsense’s Confidential Information to the same degree that You take to protect Your own confidential information and in no event less than reasonable care.
10. Acknowledgment and Waiver.
You acknowledge the Item may allow You to develop technology enabling the control of motorized or mechanical equipment, or other systems, machines or devices. If You elect to Use the Item in such a way, You must take steps to design and test Your technology to ensure that Your technology do not present risks of personal injury or death, property damage, or other losses. The Item may not always function as intended. You must design Your technology so that any failure of the Item does not cause personal injury or death, property damage, or other losses. If You choose to use the Item, (i) You assume all risk that use of the Item by You or by any others causes any harm or loss, including to the end users of Your technology or to third parties, (ii) You hereby waive, on behalf of Yourself and Your authorized users, all claims against Gemsense and its affiliates related to such use, harm or loss, and (iii) You agree to hold Gemsense and its affiliates harmless from such claims.
11. Warranties and Limitations.
For a period of three months following your purchase of the Products (the “Warranty Period”), if the Products do not function in accordance with the specifications set forth in Exhibit A (the “Specifications”) Gemsense shall either, at its sole discretion, (i) modify the Products such that they shall function in accordance with the Specifications; or (ii) provide a reasonable workaround solution (the “Warranty”). You acknowledge Gemsense shall be released from all obligations under this Warranty in the event of mishandling, unauthorized modification, neglect, alteration, or misuse of the Products by You or a third party.
Notwithstanding the above, You acknowledge that the Item might still in evaluation stage and therefore may not conform in accordance with its specifications or otherwise operate as expected, and You agree to be fully responsible for establishing back-up, log, batch, review and other procedures and controls that are appropriate to maintain the integrity and continuity of Your operations, in the event that any such non-conformities or unexpected operation materializes. It is your responsibility to ensure your computer and all items that You use with the Item meet all the necessary technical specifications to enable you to access and use the Item. Gemsense does not provide you with the equipment to access and/or use our Item, save the Device. You are responsible for all charges by internet service providers or air time charges or similar fees and payments charged by third parties related to your access and use of the Item.
NOTWITHSTANDING THE ABOVE, YOU ACKNOWLEDGE THE ITEM IS PROVIDED “AS IS”. GEMSENSE DISCLAIMS, OTHER THAN AS SPECIFICALLY SET FORTH HEREIN, ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS RELATING TO THE ITEM, WHETHER EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, OR FROM A COURSE OF DEALING INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION, WARRANTY, OR CONDITION OF MERCHANTABILITY, QUALITY CONTROL FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR THAT THE ITEM WILL SATISFY THE REQUIREMENTS OF ANY LAW, RULE, REGULATION, SPECIFICATION OR CONTRACT, OR ANY OTHER REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE WHATSOEVER WITH RESPECT TO THE ITEM OR ANY ASSOCIATED ITEM OR ANY ASPECT THEREOF. NO INFORMATION OR ADVICE GIVEN BY GEMSENSE OR ITS AGENTS, EMPLOYEES, OR REPRESENTATIVES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY REPRESENTATION OR WARRANTY OF ANY KIND.
You agree that the form and nature of the Item that Gemsense provides may change without prior notice to You and that future versions of the Item may be incompatible with technology developed on previous versions of the Item. You agree that Gemsense may stop (permanently or temporarily) providing the Item (or any features within the Item) to You or to users generally at Gemsense's sole discretion, without prior notice to You.
IN ADDITION, IN NO EVENT SHALL GEMSENSE OR ANYONE ON ITS BEHALF BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR LOSS OR DAMAGES TO GOODWILL, IN CONNECTION WITH THIS AGREEMENT REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF GEMSENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, UNDER NO CIRCUMSTANCES WILL GEMSENSE’S TOTAL AND AGGREGATE LIABILITY TO YOU FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING WITHOUT LIMITATION CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, EXCEED THE CASH AMOUNTS GEMSENSE HAS ACTUALLY RECEIVED HEREUNDER.
To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless Gemsense, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) Your use of the Item, (b) any technology You develop on the Item that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by You with this Agreement.
13. Communication Channels.
Gemsense may choose to provide communication channels and similar services such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other purchasers and Users of the Item and exchange ideas. Gemsense is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. All use by you of the Communication Channels shall be subject to a separate agreement.
Gemsense may assign this Agreement without notice to You. You shall not assign this Agreement or Your rights hereunder without the prior written consent of Gemsense (such consent may be withheld or conditioned at Gemsense's sole discretion) and any assignment without Gemsense's prior written consent shall be null and void and of no effect. Gemsense may perform all obligations to be performed under this Agreement directly or may have some or all obligations performed by its affiliates, contractors or subcontractors.
Gemsense may make changes to the Agreement at any time, including as it distributes new versions of the Item. When these changes are made, Gemsense will make a new version of the Agreement available on the website where the Item is made available and You shall be liable for the content of any such changes and are responsible for viewing these this Agreement periodically. Your continued use of the Item after a change or modification of this Agreement has been made will constitute your acceptance of the revised Agreement.
This Agreement shall be governed by, interpreted and enforced in accordance with the laws of the State of Israel, without regard to its conflict of law principles. All actions, suits or proceedings under or related to this Agreement shall be adjudicated in the courts of Tel-Aviv, Israel, and the Parties hereby irrevocably consent to the exclusive jurisdiction and venue of such courts. Notwithstanding the above, Gemsense shall retain the right to seek injunctive relief to remedy a breach or threatened breach of the confidentiality related provisions included herein, in any relevant territory in which such breach or threatened breach takes or about to take place.
Any delay in or failure of performance by the parties of their obligations hereunder (other than obligations to pay money) shall not constitute a default or give rise to any claim by the other party to the extent such delay is attributable in whole or in part to any cause or causes beyond the reasonable control of the non-performing party (an “Event of Force Majeure”). An Event of Force Majeure shall specifically include, but not be limited to, any acts of god; war; riots; fire; power; flood; strike; lockout; injunction; inability to obtain fuel, power, raw materials, containers or transportation facilities; accident; breakage of machinery or apparatus; national defense requirement; or causes beyond the reasonable control of the non-performing party preventing the manufacture, shipment, acceptance or consumption of the Item or any part thereof, of a material upon which the manufacture, or use of the Item is dependent or otherwise prevent the parties from complying their obligations hereunder.
All notices permitted or required hereunder shall be in writing and shall be sent by facsimile, or personal delivery at the facsimile number, or address as either Party may specify. Notices sent to Gemsense shall be addressed to Gemsense Ltd., 32 Sderot Hameginim, Haifa, Israel and to Your address as provided by You, or to the address otherwise designated from time to time in writing by the Parties. Any notices provided will be deemed as being received on the date of transmission of facsimile, e-mail, or personal delivery unless given outside normal business hours in which case such notice shall be deemed as being given on the next business day, provided that if any such notice fails to reach You because the information provided by You or on Your behalf to Gemsense is not accurate or up to date, notice shall be deemed sufficiently delivered on the date it was sent.
Should You have any questions concerning this Agreement, or if You desire to contact Gemsense for any reason, please direct all correspondence to firstname.lastname@example.org.