Below is Remote GeoSystems Commercial End-User License Agreement (EULA) and is applicable to all commercial-use or trial software, hardware and solutions.
IMPORTANT – PLEASE READ CAREFULLY – Commercial End-User License Agreement
This End-User License Agreement (the “EULA”) is a legal agreement between you, your employer, a company, government or other legal entity (hereinafter referred to as “You” or “Your”) and Remote GeoSystems, Inc. (hereinafter referred to as “REMOTE GEO”) that governs the access, acquisition, evaluation and use of the software and solutions, including, but not limited to, LineVision™, Video GeoTagger™, Video GeoEditor™, Photo GeoTagger™, geoDVR™ video recorders, product bundles, all ancillary applications, certain runtimes and/or certain other aspects of the software and hardware components) and any associated documentation provided with the aforementioned, (hereinafter referred to as individually or collectively, the “Software Solution”) directly from REMOTE GEO or indirectly through a REMOTE GEO authorized reseller or distributor (hereinafter referred to as “Reseller”).
By accessing, downloading, installing, or using the Software Solution: (1) You represent that You understand the terms of this EULA and You have the capacity and authority to bind Your employer, a company, government, or other legal entity to this EULA, and (2) You accept the terms of this EULA and You consent to be bound by this EULA. on behalf of Your employer, a company, government or other legal entity (as stated in this EULA, referred to as “You” or “Your”). If You do not agree to be bound by these terms and conditions, do not access, download, install, or use the Software Solution.
If You register for a free trial of the Software Solution, this EULA agreement will also govern that trial, however the trial is for evaluation only and may not be used commercially.
This EULA agreement shall apply only to the Software Solution supplied by REMOTE GEO herewith regardless of whether other software is referred to or described herein. The terms also apply to any updates, supplements, Internet-based services, and support services for the Software Solution, unless other terms accompany those items on delivery. If so, those terms apply.
By clicking “accept” or accessing, installing and/or using the Software Solution, You are confirming Your acceptance of the Software Solution and agreeing to become bound by the terms of this EULA agreement.
REMOTE GEO hereby grants You a commercial, non-transferable, non-exclusive license to use the Software Solution on or with Your devices in accordance with the terms of this EULA agreement.
You are permitted to:
• Access and/or install the Software Solution on appropriate devices under Your control. You are responsible for ensuring Your device meets the minimum requirements of the Software Solution. This copy is to be used by only a single user at a time. If You wish to use the Software Solution for more users, You will need to purchase an additional license for each user.
a) You have no rights with respect to the Software Solution or any portion thereof and shall not use the Software Solution or any portion thereof except as expressly set forth herein. Without limiting the generality of the foregoing, You are not permitted to:
• edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software Solution nor permit the whole or any part of the Software Solution to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software Solution or attempt to do any such things
• reproduce, copy, distribute, resell or otherwise use the Software Solution for any commercial purpose, unless You have dually executed a separate agreement with REMOTE GEO to become a REMOTE GEO authorized Reseller
• allow any third party to use the Software Solution on behalf of or for the benefit of any third party
• use the Software Solution in any way which breaches any applicable local, national or international law
• use the Software Solution for any purpose that REMOTE GEO considers is a breach of this EULA agreement
(b) Specifically excluded from the license set forth in this EULA are any uses or operation of the Software Solution in connection with any products, systems, applications or hardware other than devices manufactured by REMOTE GEO or any of its subsidiaries.
(c) You agree to be fully responsible for Your own conduct and content while using the Software Solution and for any consequences thereof. You agree to use the Software Solution only for purposes that are legal, proper and in accordance with this EULA and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the Software Solution, You will not:
• upload, post, email or transmit or otherwise make available content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the rights or have the permission of the owner to post such content;
• use the Software Solution or other content for any illegal or unauthorized purpose;
• remove or alter any copyright, trademark or other proprietary rights notices contained in the Software Solution or any other REMOTE GEO content; or
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
In the event that You are located outside of the United States, You agree to comply with any laws, rules or regulations in your locale or in the location of your web server regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
(d) You agree to be fully responsible for any fees, licenses and any other requirements required in the use of any maps or third party features used or referenced by the Software Solution. If any third party keys or other activation features or requirements are necessary, with or without cost, You agree to fully abide by any requirements and/or terms and pay the third party’s fees. If activation or registration is required by any third party software, map provider, etc., You agree to fully activate and register the software, map, etc. Any registration or activation keys provided either directly or indirectly by REMOTE GEO ARE FOR EVALUATION PURPOSES ONLY. You understand, agree and acknowledge that REMOTE GEO is not representing or selling any third party services, APIs, maps, imagery or any other applications. You understand and agree that under no means should the Software Solution ever be used to assist in any way the operation or navigation of any sort of vehicle, aircraft, vessel, unmanned system, person, etc. or in any way violate any of REMOTE GEO’s or any third party’s licensing terms and agreements and privacy policies. If You disagree with any of the above, do not use the Software Solution.
(e) You agree and understand that REMOTE GEO has no control over third party software, imagery, maps, etc. If a situation ever arises where third party software, imagery, maps, etc. were to be discontinued or for any other reason unusable or inaccessible, You agree to hold REMOTE GEO harmless (see the LIMITATION OR WARRANTIES AND LIABILITY section for further disclaimers). If REMOTE GEO sees fit or deems it necessary, You agree to allow REMOTE GEO to remove, replace or substitute any third party software, imagery, maps, etc.
Intellectual Property and Ownership
THIS SOFTWARE SOLUTION IS OWNED BY REMOTE GEO AND/OR ITS SUBSIDIARIES (“REMOTE GEO”) AND IS PROTECTED UNDER PATENT AND COPYRIGHT LAWS AND INTERNATIONAL PATENT AND COPYRIGHT TREATIES. THIS SOFTWARE SOLUTION IS LICENSED, NOT SOLD.
REMOTE GEO shall at all times retain ownership of the Software Solution as originally accessed by You and all subsequent versions of the Software Solution accessed by You. The Software Solution (and the copyright, and other intellectual property rights of whatever nature in the Software Solution, including any modifications made thereto) are and shall remain the intellectual property of REMOTE GEO.
REMOTE GEO reserves the right to grant licenses to use the Software Solution to third parties.
Term and Termination
This EULA is effective from the date you first use the Software Solution and shall continue for as long as you use the Software Solution. However, this EULA will terminate immediately and automatically without notice from REMOTE GEO if you fail to comply with any of its terms or conditions. In addition, REMOTE GEO reserves all rights to discontinue Your access to the Software Solution at any time, at REMOTE GEO’S sole discretion, for any reason, with or without notice. You must agree, upon termination, to destroy all copies of the Software Solution. The Limitations of Warranties and Liability set out below shall continue in force even after any termination. Upon the termination of the EULA for any reason (i) all license rights granted herein shall terminate; and (ii) You shall immediately cease all use of the Software Solution.
Limitations of Warranties and Liabilities
THE SOFTWARE SOLUTION IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SOFTWARE SOLUTION AND REMOTE GEO DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY, DEATH OR DAMAGE RESULTING FROM USE OF THIS PRODUCT, WHETHER DIRECT OR INDIRECT, AND WHETHER OR NOT REMOTE GEO HAS BEEN ADVISED OF OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS, INJURY, DEATH OR DAMAGE. IN NO EVENT SHALL REMOTE GEO HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOSS OF LIFE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. Some states do not allow the exclusion of incidental or consequential damages or the limitation of duration of an implied warranty so the above limitations may not apply to you.
ANY CONTENT OR MATERIAL DOWNLOADED OR UPLOADED OR OTHERWISE OBTAINED THROUGH THE SOFTWARE SOLUTION IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/NETWORK OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR MATERIAL OR THE USE OF THE SOFTWARE SOLUTION.
IT IS YOUR RESPONSIBILITY TO USE ANY REMOTE GEO SOFTWARE SOLUTION PRUDENTLY AND TO VISUALLY INDETIFIY AND VERIFY STREETS, ROADS, ROAD SIGNS, DIRECTIONS, FLIGHT PATHS, BUOYS, LIGHTS, NAVIGATION AIDS AND ANY OTHER OBJECTS TO ENSURE PROPER AND SAFE MOVEMENT OF A VEHICLE, AIRCRAFT, VESSEL, UNMANNED SYSTEM, PERSON, ETC.
United States Government Rights
The Software Solution is commercial in nature and developed solely at private expense. The Software Solution is delivered as “Commercial Computer Software” as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as defined in FAR 2.101(a) and as such is provided with only such rights as are provided in this License Agreement, which is REMOTE GEO’s standard commercial license for the Software Solution. Technical data is provided with limited rights only as provided in DFAR 252.227-7015 (November 1995) or FAR 52.227-14 (June 1987), whichever is applicable.
The items or Software Solution may contain information that is subject to the Export Administration Regulations (“EAR”) issued by the United States Department of Commerce (15 C.F.R., Chapter VII Subchapter C) and that may not be exported, released or disclosed to certain destinations and foreign nationals except in compliance with U.S. law. The preceding statement is required to be included on any and all reproductions in whole or in part of this item or Software Solution.
You agree to indemnify and hold harmless REMOTE GEO, and its subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any third party claim arising from or in any way related to Your use of the Software Solution, violation of this EULA or any other actions connected with use of any content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, REMOTE GEO will provide You with written notice of such claim, suit or action.
Governing Law & Jurisdiction
This EULA shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America. If any provision of this EULA is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.
REMOTE GEO may send notices to you via email or to a mailing address. Notices will be sent to the address that you registered with REMOTE GEO.
Questions or Additional Information
If you have questions regarding this EULA, please contact REMOTE GEO by sending an email to email@example.com or a letter to:
Remote GeoSystems, Inc.
Attn: Intellectual Property and Licensing
3307 South College Ave.
Fort Collins, CO 80525