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PhotoModeler End User License Agreement – EULA

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT BEFORE USING OR INSTALLING ANY OF THE PRODUCT. BY USING THE PRODUCT, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE ANY PORTION OF THE PRODUCT.

DEFINITIONS

The following definitions apply to the terms as they appear in this agreement.

  • Eos means Eos Systems Inc., the developer of the PhotoModeler products, and also means ‘PhotoModeler Technologies’ (Eos DBA).
  • Package means an electronic delivery via zip, exe or similar file, and/or a physical package including a data CD-ROM.
  • Software means the PhotoModeler computer programs contained in the package, and all updates to the computer programs. The term also includes installed copies of the computer programs.
  • Documentation means the user guide, the help file, the tutorial videos and projects and other printed and electronic materials accompanying the Software, or available on the PhotoModeler web site.
  • Product means the Software and the Documentation together or independently.

COPYRIGHT/PROPRIETARY PROTECTION

The Product is owned by Eos and its licensors and is protected by Canadian and international copyright and patent laws and international trade provisions. You must treat the Product like any other copyrighted material. This license and your right to use the Product terminate automatically if you violate any part of this agreement. In the event of termination, you must immediately destroy all copies of the Product and the Package, or return them to Eos if a physical package.

LICENSE GRANT

Eos grants you a revocable, non-exclusive license to:

  1. Use one copy of the Software on a single computer, except as granted in terms b and c.
  2. For non-network-floating licenses, use one additional copy of the Software on an alternate computer that is owned and used by one person. The alternate computer can be a field-use laptop, when the first install is on an office desktop computer; or a home computer, when the first install is at the office. This does not allow use by two people.
  3. For network-floating licenses, install the Software on as many computers attached to a LAN as needed, and use only the number of license-granted seats simultaneously.
  4. Make copies of the Software for backup and archival and back up purposes, as long as it does not violate terms a and b above.
  5. After written notification to Eos, and subsequent approval in writing by Eos, transfer the entire Product on a permanent basis to another person or entity, provided you retain no copies of the Product and the transferee agrees to the terms of this agreement.

For the purposes of this agreement, “use” means loading the Software into RAM, as well as installation on a hard disk or other storage device. You may access the Software from a hard disk, over a network, or any other method you choose, so long as you otherwise comply with this agreement.

You may not:

  1. Use or install the Software on a cloud or virtual machine for the purpose of circumventing the granted use terms above.
  2. Use the Software after the expiration date of any subscription if your license is a Subscription and not a Permanent license.
  3. Copy the Documentation other than as part of the standard installation of the Product.
  4. Modify, translate, or merge the Software with another program, except for your personal use. Any modifications to the Software are subject to this agreement.
  5. Reverse-engineer, disassemble, decompile, or make any attempt to discover the source code of the Software.
  6. Sublicense, rent, or lease any portion of the Product.
  7. Use the previous version of the Software that has been upgraded or updated under this agreement. Upon upgrading or updating the Software, the old copy must be deleted from the computer.

LIMITED WARRANTY

Eos warrants that the Software will perform substantially in accordance with the Documentation for a period of 60 days from your receipt of the Product. Any written or oral information or advice given by Eos dealers, resellers, distributors, agents, or employees will in no way increase the scope of this warranty. If the Product fails to comply with the warranty set forth above, Eos’ entire liability and your exclusive remedy will be a refund or, at Eos’ option, Eos’ reasonable effort to make the Product meet the warranty set forth above.

EOS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, NON-INFRIGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE PRODUCT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES

In no event shall Eos, its licensors, or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, or other pecuniary loss) arising out of the use of or inability to use the Product, even if Eos has been advised of the possibility of such damages. You are solely responsible for the selection of this Product to achieve your intended results and for the results actually achieved. You also accept the entire risk as to the quality and performance of this Product (including but not limited to errors and/or interruptions in operations). Should this Product prove defective in any way then you assume the entire cost of any necessary corrective actions. You are advised to test the Product thoroughly before use for your particular purpose. Because some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. The foregoing limitations of warranty and liability inure to the benefit of Eos’ licensors having an interest in the package.

EXPORT RESTRICTIONS

You acknowledge that this Product is of Canadian origin. You agree that all materials associated with this Product are subject to Canadian and US Export Administration Laws and Regulations. You agree that this Product is not being acquired for, shipped, or transferred, or re-exported directly or indirectly, to any prohibited or embargoed country set forth in the Canadian and US Export Administration Regulations for this type of product.

GENERAL

  1. Eos is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless Eos specifically agrees to the provision in writing.
  2. If any provisions, or portions thereof, of this agreement are invalid under any applicable statute or rule of law, then that portion shall be deemed omitted and the remaining portions of the agreement remain in force.
  3. This agreement is governed by the laws of the Province of British Columbia, Canada.