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Please read this EyesOnIt Downloadable Software End User License Agreement (“EULA”) carefully before downloading or using any software linking to this page or accompanying a readme file with this EULA (“Software”).
BY CLICKING A BOX INDICATING ACCEPTANCE OF THIS EULA OR DOWNLOADING OR USING THE SOFTWARE, THIS EULA FORMS A BINDING LEGAL AGREEMENT BETWEEN YOU AND ANY ORGANIZATION OR OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS AND CONDITIONS (COLLECTIVELY “YOU” OR “YOUR”) AND EYESONIT, AND WILL GOVERN YOUR DOWNLOAD AND USE OF THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT DOWNLOAD OR USE THE SOFTWARE.
ANY INDIVIDUAL AGREEING TO BE BOUND BY THIS EULA ON BEHALF OF AN ORGANIZATION OR OTHER LEGAL ENTITY REPRESENTS THAT SUCH INDIVIDUAL HAS THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND CONDITIONS CONTAINED HEREIN.
YOU SHALL NOT DOWNLOAD OR USE THE SOFTWARE WITHOUT PRIOR WRITTEN CONSENT OF EYESONIT IF YOU ARE OR BECOME A DIRECT COMPETITOR TO EYESONIT OR ITS AFFILIATES.
1. Software.
1.1 License. EyesOnIt grants You a non-exclusive, non-transferable, limited license to download and use the Software on a device you own or lawfully control for Your own business purposes. The Software, including software embedded in the Software, is licensed, not sold, to You. This Software may include some third-party software; please see the Documentation for additional notices required by certain third-party licensors.
1.2 Documentation. Accompanying the Software at download or on EyesOnIt’s website at https://eyesonit.us or any website linked from such website that is owned or controlled by EyesOnIt, EyesOnIt may provide documentation that is uniformly available and applicable to all EyesOnIt customers and relates to the operation and use of the Software, including directions and acknowledgements, each as updated by EyesOnIt from time to time (“Documentation”).
1.3 Restrictions. You shall use the Software strictly in compliance with this EULA, the Documentation, and applicable laws and regulations, and shall promptly notify EyesOnIt of any known unauthorized use. The rights granted to you in this EULA are specific to you, and you must not permit any third party to exercise these rights. Any violation of the provisions in this Section 1 of this EULA will result in the automatic termination of the license set out in this Section 1.
1.4 Prohibited Uses. Prohibited uses of EyesOnIt are:
a) the publication of integrations, extensions, or add-ons without the prior approval in writing from EyesOnIt;
b) the editing, modification, adaptation, or alteration of EyesOnIt (or part thereof), and the creation of any derivative work incorporating EyesOnIt (or any part thereof);
c) the use of EyesOnIt (or any part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory, or otherwise objectionable. This includes, but is not limited to, the use of EyesOnIt in violation of any individual’s rights of privacy as established by state or federal law and/or regulations;
d) the use of EyesOnIt (or part thereof) to compete with EyesOnIt, whether directly or indirectly;
e) the reverse engineering, decompilation, or disassembly of EyesOnIt (or part thereof);
f) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any software program for the purpose of preventing unauthorized use, providing that nothing in this Section 1.3.1 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.
1.5 Free Trial. From time to time EyesOnIt may make available its program on a free trial basis, and this Section 1.5 shall apply in such instances. Your rights to the use of EyesOnIt on a free trial basis shall be restricted in such manner and/or to such period as we may specify, when you download EyesOnIt, and we may apply technological protection measures to the software programs to enforce these restrictions. EyesOnIt may restrict your license to use any free trial software program at any time, by giving you written notice of the restriction or activating the restriction in the relevant software program. EyesOnIt may terminate your license to use any free trial software program at any time, by giving you written notice or deactivating the relevant software program.
1.6 Updates and Support. EyesOnIt may modify, upgrade or otherwise update the Software at any time. EyesOnIt may provide support for the Software but has no obligation to furnish such support to You and may cease to offer such support at any time without notice. You acknowledge that no third party (e.g., Alphabet Inc., Apple Inc. or Adobe Inc.) has an obligation to furnish any support in connection with the Software or your device.
1.7 Compatible Devices and OS. The Software is only available for installation and use on certain devices and operating systems. Documentation for the Software may identify compatible devices and operating systems, however, regardless of such Documentation, determining whether Your device and operating system are compatible with the Software is solely Your responsibility.
1.8 Electronic Messaging. By downloading and using the Software, You authorize EyesOnIt to send You (including via email, SMS and push notifications) information regarding the Software and Subscription Services, including: (a) notices about Your use of the Software and Subscription Services and violations of this EULA; (b) updates to the Software; and (c) promotional information and materials regarding EyesOnIt's products and services. As may be provided in the information sent or the settings or account information section of the Software or the Subscription Services, You may be able to adjust Your notification and messaging preferences, including unsubscription.
2. Privacy. In order to provide EyesOnIt, EyesOnIt may collect certain information about You and your device, including personal information and URLs necessary to establishing a customer account and to ensure compliance with our licensing terms, and technical and telemetry data related to your use of the Software. EyesOnIt uses and protects that information in accordance with the EyesOnIt Privacy Notice available at https://eyesonit.us/privacy-policy.
3. DISCLAIMER. CUSTOMER ACCEPTS THAT EYESONIT IS NOT OPERATIONAL UPON DELIVERY AND REQUIRES INTEGRATION BY CUSTOMER INTO YOUR SYSTEMS/VIDEO STREAMS. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY STATED IN THIS EULA, EYESONIT MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (A) EYESONIT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH LAWS, NON-INFRINGEMENT, AND ACCURACY; (B) EYESONIT DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME; AND (C) YOUR DOWNLOAD AND USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR DEVICES OR FOR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR USE OF THE SOFTWARE.
4. LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EYESONIT BE LIABLE FOR ANY LOST PROFITS, GOODWILL, OR REVENUES OR FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES IN CONNECTION WITH ANY CLAIM OF ANY NATURE, WHETHER IN CONTRACT, TORT, OR UNDER ANY THEORY OF LIABILITY, ARISING UNDER THIS EULA, EVEN IF EYESONIT HAS GIVEN YOU ADVANCE NOTICE OF SUCH POSSIBLE DAMAGES OR IF EYESONIT’S REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT PERMITTED BY LAW, EYESONIT’S ENTIRE LIABILITY UNDER THIS EULA WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS OR THE FEES PAID BY YOU TO EYESONIT FOR THE SOFTWARE DURING THE ONE (1) MONTH PRIOR TO THE DATE ON WHICH THE LIABILITY AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
5. Suspension and Termination. EyesOnIt reserves the right to restrict or prohibit Your download or use of the Software at any time based on the status of Your Subscription Services account under the Services Agreement. You acknowledge and agree that if Your Subscription Services account is suspended or terminated, You will no longer download or use the Software and your access to data, information, and content that is stored within the Subscription Services may be restricted or prohibited.
6. General
6.1 Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any United States Government list of prohibited or restricted parties. You further agree not to download or transport the Software to or use the Software in any such country.
6.2 Feedback. You grant EyesOnIt a worldwide, irrevocable, perpetual, sublicensable, transferable, non-exclusive license to use and incorporate into EyesOnIt’s products and services any feedback or suggestions for enhancement that You provide to EyesOnIt (“Feedback”), without any obligation of compensation. Feedback is provided by You “as-is,” without representations or warranties, either express or implied, including any warranties of merchantability or fitness for a particular purpose.
6.3 Contact. EyesOnIt may be contacted or noticed at the following address and email:
540 Fort Evans Rd
Suite 300
Leesburg, VA 20176
6.4 Governing Law. This EULA is governed by and construed in accordance with the laws of the state of Delaware without giving effect to the principles of conflicts of laws thereof.
6.5 Entire Agreement. This EULA represents the entire agreement between EyesOnIt and Customer with respect to the Software. With respect to Your use of the Software, to the extent an agreement for services conflicts with this EULA, the terms of this EULA will control.
6.6 Revisions. EyesOnIt reserves the right to revise this EULA at any time and for any reason. EyesOnIt will post the most current version of this EULA at eyesonit.us. If EyesOnIt makes material changes to this EULA, You will receive notification via the Software. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at EyesOnIt’s website even if these updated terms appear online at EyesOnIt’s website before being posted on the Software. Your continued use of the Software after EyesOnIt publishes notice of changes to this EULA indicates Your consent to the updated terms.
7. Third Parties.
7.1 EULA Claims. This EULA is between You and EyesOnIt and not between you and any third party. You agree that any claims brought by You arising out of this EULA or Your use of the Software will not be made against any third party that has licensed or authorized the association or integration of its products, applications, or content with the Software. Notwithstanding the foregoing, upon Your acceptance of this EULA, any applicable third party may enforce this EULA against You as a third-party beneficiary thereof.
7.2 Intellectual Property Rights. In the event of a third-party claim that the Software, or Your possession and use of the Software, infringes or misappropriates a third party’s intellectual property rights, EyesOnIt will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
7.3 Products. If You separately procure services, applications, or content from a third party (“Third Party Products”) for use with the Software, any such use is subject to the end-user license or use agreement that You accept from or establish with the third party. Third Party Products are not Software and, as between the parties, EyesOnIt has no liability with respect to your procurement or use of Third-Party Products.