End user agreement for PrivateEye
Oculis End-User License Agreement for Oculis Labs, Inc.TM PrivateEye TM (Personal Use License)
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE OR COPY THE SOFTWARE, AND YOU SHOULD PROMPTLY CONTACT OCULIS LABS, INC FOR INSTRUCTIONS ON RETURN OF THE UNUSED PRODUCT(S) FOR A REFUND IN ACCORDANCE WITH LABS, INC RETURN POLICIES.
SOFTWARE PRODUCT LICENSE
The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component.
1. GRANT OF LICENSE. Provided you comply with all terms and conditions of this EULA, Oculis Labs Inc. grants you a personal, non-exclusive, non-transferable, revocable and limited license to use the Software solely for personal, non-commercial use. The Software shall not be used for commercial or production purposes and may only be installed on a personally owned computer that does not belong to any business or institution and is not used by or on behalf of any business or institution. A Personal Use license expressly prohibits: (a) any direct or indirect monetary benefit from the use of the Software, (b) the use of the Software within the context of a home-based or part-time business, and (c) the use of the Software for any commercial, business, governmental, or institutional purpose (including educational and not-for-profit) of any kind. You may not distribute or sublicense the Software in any way.
1.1. Installation and use. You may install, use, access, display and run one copy of the SOFTWARE on the COMPUTER.
1.2. SOFTWARE as a Component of the COMPUTER - Transfer. This license may not be shared, transferred to or used concurrently on different computers. The SOFTWARE is licensed with the COMPUTER as a single integrated product and may only be used with the COMPUTER. You may permanently transfer all of your rights under this EULA only as part of a permanent sale or transfer of the COMPUTER, provided you retain no copies of the SOFTWARE. If the SOFTWARE is an upgrade, any transfer must also include all prior versions of the SOFTWARE. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
1.3. Mandatory Activation. The license rights granted under this EULA require you to activate your licensed copy in the manner described during the setup sequence of the SOFTWARE. Your license key was sent to the email address that you provided prior to the software download or on the media if provided. There are technological measures in this SOFTWARE that are designed to prevent unlicensed use of the SOFTWARE. Oculis Labs will use those measures to confirm you have a legally licensed copy of the SOFTWARE. If you are not using a licensed copy of the SOFTWARE, you are not allowed to install the SOFTWARE or future SOFTWARE updates.
1.4. Back-up Copy. YOU MAY MAKE A SINGLE BACK-UP COPY OF THE SOFTWARE. YOU MAY USE ONE (1) BACK-UP COPY SOLELY FOR YOUR ARCHIVAL PURPOSES AND TO REINSTALL THE SOFTWARE ON THE COMPUTER. EXCEPT AS EXPRESSLY PROVIDED IN THIS EULA OR BY LOCAL LAW, YOU MAY NOT OTHERWISE MAKE COPIES OF THE SOFTWARE, INCLUDING THE PRINTED MATERIALS ACCOMPANYING THE SOFTWARE. YOU MAY NOT LOAN, RENT, LEASE, LEND OR OTHERWISE TRANSFER THE CD OR BACK-UP COPY TO ANOTHER USER.
2. AUTOMATIC INTERNET-BASED SERVICES. The SOFTWARE features described below may be enabled by default to connect via the Internet to Oculis Labs computer systems automatically, without separate notice to you. You consent to the operation of these features, unless you choose to switch them off or not use them. Oculis Labs Inc does not use these features to collect any information that will be used to identify you or contact you. For more information about these features, please see the privacy statement at http://www.oculislabs.com.
2.1. Web Content Features. Under the SOFTWARE's default configuration, if you are connected to the Internet, several features of the SOFTWARE may be enabled by default to retrieve content from Oculis Labs computer systems and display it to you. When you activate such a feature, it uses standard Internet protocols, which transmit the type of operating system, browser and language code of your COMPUTER to the Oculis Labs computer system so that the content can be viewed properly from your COMPUTER. If present, these features only operate when you activate them, and you may choose to switch them off or not use them. Examples of these features include software update and notification of new features.
3. RESERVATION OF RIGHTS AND OWNERSHIP. Oculis Labs and its suppliers reserve all rights not expressly granted to you in this EULA. The SOFTWARE is protected by copyright and other intellectual property laws and treaties. Oculis Labs and its suppliers own the title, copyright, and other intellectual property rights in the SOFTWARE. The SOFTWARE is licensed, not sold.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the SOFTWARE to others.
6. SEPARATION OF COMPONENTS. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.
7. MULTIPLE EULAS. The package for the SOFTWARE may contain multiple versions of this EULA, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software). In this case, you are only licensed to use the SOFTWARE for which a EULA is provided.
8. TRADEMARKS. This EULA does not grant you any rights in connection with any trademarks or service marks of Oculis Labs or its suppliers.
9. PRODUCT SUPPORT. For SOFTWARE support, please refer http://www.oculislabs.com. Should you have any questions concerning this EULA, or if you desire to contact Oculis Labs, Inc for any other reason, please refer http://www.oculislabs.com.
10. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, product support services, or Internet-based services components, of the SOFTWARE that you may obtain from Oculis Labs or their subsidiaries after the date you obtain your initial copy of the SOFTWARE, unless you accept updated terms or another agreement governs. If other terms are not provided along with such Supplemental Components and the Supplemental Components are provided to you by Oculis Labs or their subsidiaries then you will be licensed by such entity under the same terms and conditions of this EULA, except that (i) Oculis Labs or their subsidiaries providing the Supplemental Components will be the licensor with respect to such Supplemental Components in lieu of the "Oculis Labs, Inc " for the purposes of the EULA, and (ii) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SUPPLEMENTAL COMPONENTS AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SUPPLEMENTAL COMPONENTS ARE PROVIDED AS IS AND WITH ALL FAULTS. ALL OTHER DISCLAIMERS, LIMITATION OF DAMAGES, AND SPECIAL PROVISIONS PROVIDED BELOW AND/OR OTHERWISE WITH THE SOFTWARE SHALL APPLY TO SUCH SUPPLEMENTAL COMPONENTS. Oculis Labs or their subsidiaries reserve the right to discontinue any Internet-based services provided to you or made available to you through the use of the SOFTWARE.
11. UPGRADES. If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a product identified by Oculis Labs as being eligible for the upgrade in order to use the SOFTWARE ("Eligible Product"). After upgrading, you may no longer use the SOFTWARE that formed the basis for your upgrade eligibility (unless otherwise provided). You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
12. NOT FOR RESALE SOFTWARE. SOFTWARE identified as "Not for Resale" or "NFR," may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
13. EXPORT RESTRICTIONS. You agree to comply with all applicable international and national laws that apply to the SOFTWARE, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
14. TERMINATION. Without prejudice to any other rights, Oculis Labs may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
15. NOTICE REGARDING SECURITY. To help protect against breaches of security and malicious software, periodically back up your data and system information, use security features such as firewalls, and install and use security updates.
16. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. Oculis Labs, Inc warrants that the SOFTWARE will perform substantially in accordance with the accompanying materials for a period of thirty (30) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the SOFTWARE, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the thirty-day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES.
Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Oculis Labs, Inc, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the SOFTWARE does not meet Oculis Labs, Inc 's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 22 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction.
YOUR EXCLUSIVE REMEDY.
Oculis Lab's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the SOFTWARE shall be, at Oculis Lab's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the product(s) in accordance with Oculis Lab's return policies, or (b) repair or replacement of the SOFTWARE that does not meet this Limited Warranty and that is returned to Oculis Labs, Inc and a copy of your receipt at the address specified by Oculis Labs, Inc . You will receive the remedy elected by Oculis Labs, Inc without charge, except that you are responsible for any expenses specified in Oculis Labs, Inc 's warranty remedy documentation. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Oculis Labs, Inc will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Oculis Labs, Inc 's warranty remedy procedures.
17. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Oculis Labs, Inc and its suppliers (including Oculis Labs and its subsidiaries and their respective suppliers) provide the SOFTWARE and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the SOFTWARE, and the provision of or failure to provide support or other services, information, software, and related content through the SOFTWARE or otherwise arising out of the use of the SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
18. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OCULIS LABS, INC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER NFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE, OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), IS REPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF OCULIS LABS, INC OR ANY SUPPLIER (INCLUDING OCULIS LABS INCLUDING ITS SUBSIDIARIES AND THEIR RESPECTIVE SUPPLIERS), AND EVEN IF OCULIS LABS, INC OR ANY SUPPLIER (INCLUDING OCULIS LABS AND ITS SUBSIDIARIES AND THEIR RESPECTIVE SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF OCULIS LABS, INC AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY OCULIS LABS, INC WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR USD$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 19, 20, AND 21) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
20. U.S. GOVERNMENT LICENSE RIGHTS. All software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995, is provided with the commercial license rights and restrictions described elsewhere herein.
21. APPLICABLE LAW. If you acquired this SOFTWARE in the United States, this EULA is governed by the laws of the State of Maryland. If you acquired this SOFTWARE in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder; you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this SOFTWARE in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this SOFTWARE in any other country, then local law may apply.
22. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE) are the entire agreement between you and Oculis Labs, Inc relating to the SOFTWARE and support or other services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.