END USER LICENSE AGREEMENT (“EULA”)
This End-User License Agreement (“EULA”) is a legal agreement by the user (“You”) in favor of Self Assembling Systems Corp (“Company”), owner and licensor of the MorphBots platform, which includes computer software and its accompanying hardware relating to robotics education (together, the “Software”).
By downloading, installing, copying, or otherwise using the Software, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install or use the Software.
I SOFTWARE LICENSE
- Purpose. The MorphBots platform is being distributed for educational purposes. You are NOT allowed to make a charge for distributing this Software (either for profit or merely to recover Your media and distribution costs) whether as a stand-alone product, or as part of a compilation or anthology, nor to use it for supporting Your business or customers.
- Restrictions on Use. You shall use the Software strictly in accordance with the terms of the Related Agreements, and shall not:
(a) decompile, reverse engineer, disassemble, attempt to derive the source code of or decrypt the Software;
(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Software;
(c) violate any applicable laws, rules or regulations in connection with Your access or use of the Software;
(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or licensors of the Software;
(e) use the Software for any revenue generation endeavor, commercial enterprise or other purpose for which it is not designed or intended;
(f) install, use or permit the Software to exist on more than one computer at a time or on any other computer;
(g) make the Software available over a network or other environment permitting access or use by multiple computers or users at the same time;
(h) use the Software for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Company;
(i) use the Software to send automatic queries to any website or to send any unsolicited commercial emails; or
(j) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Software.
Company may, in its sole and absolute discretion, at any time and for any reason, suspend or terminate Your license under this EULA and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this EULA, then this EULA and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Company. Upon the termination of this EULA, You shall cease all use of the Software and uninstall the Software.
III INTELLECTUAL PROPERTY
All intellectual property rights, including copyrights, patents and trademarks in and to the Software (including but not limited to any images, photographs, clipart, libraries, and examples incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by the Company. The Software is protected by intellectual property laws and international treaty provisions. Therefore, you must treat the Software like any other protected material.
IV NO WARRANTY OR LIABILITY
- No Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SOFTWARE AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES REGARDING THE SOFTWARE AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (1) THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (4) ANY ERRORS IN THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED.
- No Liability for Damages. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SOFTWARE AND ANY THIRD PARTY CONTENT OR SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER COTNRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
V GOVERNING LAW
This EULA and all amendments hereto shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware without regard to choice of law principles thereof.