IMPORTANT: PLEASE READ THIS END-USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
This End-User License Agreement ("Agreement") is a legal agreement between User and Licensor for the use of Software, as defined below. This Agreement is effective upon the User's acceptance of its terms.
User: The term "User" refers to any individual or entity, including both physical persons and business entities, which has obtained the right to use the Software under this Agreement.
Software: The term "Software" refers to the evaluation versions of the Almalence DLVR OpenXR Plugin, a software application provided by Licensor, consisting of Almalence DLVR OpenXR Layer, Almalence Eye Tracking Service, Almalence Eye Tracking Bluetooth Adapter, including any accompanying documentation or materials.
Licensor: The term "Licensor" refers to Almalence Incorporated, the entity granting the license for the Software under this Agreement.
EVALUATION LICENSE GRANT
Subject to the terms and conditions of this Agreement, Licensor grants User a personal, non-exclusive, non-transferable, and revocable license to use the Software for evaluation purposes only. This license is provided free of charge, and no payments or fees are required from User for the use of the Software.
a) Distribution: User shall not distribute, sublicense, lease, rent, lend, or otherwise make the Software available to any third party without the prior written consent of Licensor, except as described in subsection (e) below. If User wishes to share the Software with others, User must provide a direct link to the official download page maintained by Licensor.
b) Reverse Engineering: User shall not reverse engineer, decompile, disassemble, modify, or create derivative works based on the Software or any part thereof.
c) Unauthorized Use: User shall not use the Software for any purpose other than the permitted evaluation purposes, including but not limited to commercial use, reproduction, or redistribution.
d) Business Evaluation: User, including corporations and other business entities, is allowed to use the Software for evaluation purposes within their organization, subject to the terms and conditions of this Agreement.
e) Intra-corporate Distribution: The User, being a corporation or business entity, may distribute the Software within the same corporation or business entity, provided that such distribution is solely for the purpose of evaluation within the organization, and all recipients agree to be bound by the terms of this Agreement.
INTELLECTUAL PROPERTY RIGHTS
User acknowledges that all intellectual property rights in the Software, including but not limited to copyrights, trademarks, patents, and trade secrets, are the exclusive property of Licensor. This Agreement does not transfer any ownership rights to User. User agrees not to remove, alter, or obscure any proprietary notices or labels on the Software.
This Agreement shall remain in effect until the date specified by Licensor, which is the 31st of December 2023. Licensor reserves the right to terminate this Agreement at any time without prior notice. Upon termination, User shall cease all use of the Software, and the Software may cease to function.
DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S TOTAL AGGREGATE LIABILITY TO USER FOR ANY CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY USER, IF ANY, FOR THE SOFTWARE.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in the State of Texas.
This Agreement constitutes the entire agreement between User and Licensor regarding the subject matter hereof and supersedes all prior or contemporaneous understandings and agreements, whether written or oral.
By using the Software, User acknowledges that they have read and understood this Agreement, and agree to be bound by its terms.