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Eta One Power, Inc.
End User Software License Agreement
The terms and conditions of this End User Software License Agreement (this "License Agreement") govern your use of the accompanying software (the "Software") made available by Eta One Power, Inc. Inc. (the "Company") and constitute a binding legal contract between you and the Company.
Your download, installation AND/or use of the Software constitutes acceptance of this License Agreement. Please read this License Agreement carefully. If you do not agree to any part of this License Agreement, then you may not use the Software and must delete all copies of the Software in your possession or control.
If you are accepting the terms of this License Agreement on behalf of a legal entity, you represent and warrant that you have the authority to bind that legal entity to the terms of this License Agreement, and, in such event, "you" and "your" will refer to that legal entity. If you do not have such authority, you must not accept this License Agreement, in which case you may not download, install, or use the Software.
- Grant of License. The Company hereby grants to you, subject to all terms and conditions of this License Agreement, a limited, nonexclusive, nontransferable license (without right to sublicense) to install and use the Software in object code form solely for your internal use on a computer system that you own or control, solely in accordance with all applicable documentation and other instructions provided by the Company. You may simultaneously run up to the number of instances of the Software as the Company may authorize from time to time, provided that you acknowledge that the Company may reduce or increase such number without prior notice in its sole discretion from time to time. You may make one copy of the Software for backup and archival purposes. You acknowledge that, as further described in Section 8, the Software requires require an Internet connection to the Company Servers in order to operate and provide some of its functionality.
- Documentation. The Company hereby grants you, a limited, nonexclusive, nontransferable license to internally use any documentation provided by the Company regarding the Software ("Documentation") as reasonably necessary for your authorized use of the Software. You may make a reasonable number of copies of the Documentation in connection with exercising the foregoing license. Without limiting any other terms and conditions of this License Agreement, you may not transfer or provide the Documentation to any third party.
- Open Source. The Software includes certain third party open source software components. Each such component is identified and is subject to the open source license agreement indicated in the "open_source.html" file included with the distribution of the Software. To the extent required by any open source license agreement that applies to any such open source software included in the Software: (a) the terms of such open source license agreement will apply to such open source software instead of the terms of the license grant in this License Agreement; and (b) any restrictions prohibited by such open source license agreement that are contained in this License Agreement will not apply to such open source software.
- No Other Rights. You have no rights or licenses with respect to the Software or Documentation except as expressly provided in this License Agreement. Without limiting the generality of the foregoing, you may not: (a) copy (except to the extent expressly provided for in Sections 1, 2 and 3 above), distribute, rent, lease, lend, sublicense or transfer the Software or Documentation or use the Software or Documentation on a service bureau basis; (b) decompile, reverse engineer, or disassemble the Software or otherwise attempt to discover the source code of the Software, except solely to the extent such acts are authorized under applicable law notwithstanding this prohibition; (c) create derivative works based on the Software or Documentation; (d) modify, remove, or obscure any copyright, trademark, patent or other notices or legends that may appear on the Software or Documentation or during the use and operation thereof; or (e) cause the Software to become subject to the terms of any open source license agreement. You agree not to provide any user name, password, license key, or registration key issued to you in connection with the Software ("Key") to any third party. You are solely responsible for maintaining the security and confidentiality of any Key. Any Key which the Company discovers is being used by more than the number of users authorized for that Key is subject to deactivation, meaning that you will no longer be able to use the Software.
- Feedback. You are not required to provide any ideas, feedback or suggestions regarding the Software (collectively, "Feedback") to the Company. To the extent you do provide any Feedback to the Company, you agree to assign and hereby do assign all right, title and interest in and to such Feedback to the Company and acknowledge that the Company may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import, and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to you.
- Ownership. Notwithstanding any use by the Company of terms such as "sale" and "purchase" in relation to the Software, the Software and Documentation are licensed, not sold. The Software and Documentation provided hereunder are the property of the Company or its third-party licensors. As between you and the Company, the Company shall retain all right, title and ownership interest and all worldwide patent, copyright, trade secret, trademark and other intellectual property rights and other proprietary rights in and to the Software and Documentation and any copies, derivative works, upgrades, updates, improvements and modifications thereof, in, regardless of the form or media in which, or on which, the original and any other copies, derivative works, upgrades, updates, improvements or modifications may exist.
- The Software requires an Internet connection to servers owned, operated, or controlled by the Company ("Company Servers") in order to verify that no more than the authorized number of instances of the Software are in use. Such verification includes provision of your IP address to the Company for purposes of allowing you to restart the Software in the event of an unexpected program exit. You will not be able to use the Software if such verification cannot be successfully performed for any reason. You are solely responsible for obtaining and paying for all Internet access services, software, and hardware necessary for use of the Software. You acknowledge and agree that the Company Servers may be unavailable from time to time due to: (i) equipment, software or service malfunctions; (ii) maintenance and update procedures or repairs; or (iii) causes beyond the control of the Company, including, without limitation, interruption or failure of telecommunication or digital transmission links, acts and omissions of service providers and other third parties, malicious attacks, the unavailability, operation, or inaccessibility of websites or interfaces, network congestion or other failures, and that Company shall not be liable for any inability to use the Software caused by any of the foregoing.
- The Software may also use your Internet connection in order to report certain analytical information to the Company in the event of errors or unexpected events with respect to the Software. Such reporting will include information about the hardware and software configuration of your machine on which the Software experienced a problem. Such reporting will be used by the Company only in connection with developing and improving its products and services. You may be able to disable such reporting through the Software user interface.
- Support. The Company has no obligation to you to fix any errors within the Software or to otherwise provide any form of support to you in connection with your use of the Software.
- Updates. You acknowledge that the Software may include functionality that allows it to automatically download updates to the Software that may be made available by the Company, and that the Company may otherwise elect to provide such updates to you. Any such updates will be provided in the sole discretion of the Company. Any such updates constitute the "Software" hereunder.
- Third Party Offerings. The Software may include features or functionality that interoperate with online services operated by third parties (such services, "Third-Party Services"), pursuant to agreements between Company and the operators of such Third-Party Services (such agreements, "Third-Party Agreements" and such operators, "Operators") or through application programming interfaces or other means of interoperability made generally available by the Operators ("Third-Party APIs") which Company does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms, and rules applicable to Third-Party APIs) may be modified, suspended, or terminated at any time, as may the interoperability that they enable. Company shall have no liability with respect to any such modification, suspension, or termination. You are responsible for ensuring that your use of the Software in connection with any Third-Party Service complies with all agreements, policies, terms, and rules applicable to such Third-Party Service.
- Breach. If you breach any provision of this License Agreement, this License Agreement (including all of your rights and licenses with respect to the Software and Documentation) shall immediately terminate without further notice from or action by the Company.
- Term; Termination. This License Agreement is effective on the date of your acceptance and expires upon termination of the paid license period. If the software is provided on a trial basis, the license expires upon termination of the trial period. In addition, either you or the Company may terminate this License Agreement, for any reason or for no reason, upon five (5) days prior notice. Upon any termination or expiration of this License Agreement, you agree to cease all use of the Software and Documentation and to delete all copies thereof in your possession or control, and acknowledge that the Company may configure the Company Servers to prevent any further use of the Software. The provisions of Sections 3 through 22 shall survive any termination or expiration of this License Agreement.
- THE SOFTWARE AND DOCUMENTATION ARE FURNISHED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND THE DOCUMENTATION, INCLUDING WITH RESPECT TO THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION IS WITH YOU.
- IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE AND REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THIS LICENSE AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) THE SOFTWARE EXCEED THE PER-SEAT LICENSE COST PAID, UP TO ONE YEAR, OR ONE THOUSAND US DOLLARS, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS OF LIABILITY AND EXCLUSIONS OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE EXISTENCE OF MULTIPLE CLAIMS OR THE THEORY OF LIABILITY, AND REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
- Government Restricted Rights. To the extent that you are an agency or instrumentality of the U.S. government, the parties agree that the Software and Documentation are commercial computer software and commercial computer software documentation, respectively, and that your rights therein are as specified in this License, per FAR 12.212 and DEARS 227.7202-3, as applicable, or in the case of NASA, subject to NFS 1852.227-86.
- Assignment. You may not assign your rights under this License Agreement without the express prior consent of the Company. If you are a legal entity, then any merger involving you, acquisition of all or substantially all of your assets or any change of control of you shall be deemed an assignment of this License Agreement for which prior written consent is required. The Company may freely assign this License Agreement.
- Export; Restricted Persons. The Software is subject to export laws and regulations. You agree to comply with any United States and international export laws and regulations that may apply. You hereby represent and warrant that you are not a Restricted Person. For purposes of this License Agreement, a "Restricted Person" is any person or entity, or any officer, director, or controlling shareholder of an entity, that is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, North Korea, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of any person or entity described under the foregoing (1) through (4).
- Governing Law. This License Agreement shall be governed by and construed in accordance with the laws of the state of California, USA, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to this License Agreement shall be filed only in the state or federal courts in and for the state of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
- Injunction. Notwithstanding anything to the contrary, the Company may apply to any court of competent jurisdiction for injunctive or other equitable relief relating to the protection or enforcement of the Company’s intellectual property rights.
- Notices. Any notices to the Company must be sent to 1314 Fremont St., San Jose, CA 95126 to the attention of "Legal Department," must be sent by first class registered mail or internationally recognized overnight courier and will be deemed given when received. Notwithstanding the foregoing, if the Company’s website at http://www.eta1power.com indicates a newer mailing address for the Company, notices must be sent to such address as described in the foregoing sentence. The Company may send notices to you to the e-mail address provided to the Company in connection with your receipt of the Software, and are deemed given when sent.
- Miscellaneous. This License Agreement is the complete and final agreement of the parties with respect to the Software and Documentation. If any part of this License Agreement is found to be void, unenforceable or invalid, that part will be deemed stricken and will not affect the validity of the other provisions. Failure by the Company to enforce any provision of this License Agreement will not be deemed a waiver of future enforcement of that or any other provision. This License Agreement may be modified only by an amendment signed by authorized representatives of both parties or by your electronic acceptance of an amendment or replacement agreement presented to you by the Company.
Last modified: Mon Nov 13 10:11:10 PST 2017
Eta One Power, Inc.
- Collected Information. The information collected during your use of the Site includes the following:
- Submitted Information. As part of using the Site, you may submit certain information to us. For example, when you fill out contact forms on the Site we will collect information from you that you submit, including Personal Information such as your first and last name and e-mail address. "Personal Information" means information such as a name, e-mail address, and street address that we can directly associate with a specific person or entity without additional information. To the extent you decline to share certain information with us, we may not be able to provide some or all of the features and functionalities found on the Site.
- Automatically Collected Information. When you use the Site, we gather certain non-personally identifiable information from you, and this information can be associated with your user account. This includes usage information, such as information on when, how often and for how long you use the Site, as well as server log data such as a computer’s IP address, browser type or the webpage you were visiting before you came to the Site.
- Tracking and Cookies. The Site may use both web beacons and cookies to collect information. "Beacons" (also often referred to as "pixels") are tiny graphics on a web page designed to track when a page is viewed. "Cookies" are small text files containing a string of alphanumeric characters that are downloaded by your web browser or mobile device when you visit a website. We may use both session cookies and persistent cookies when you access and use the Site. Cookies may be used, for example, to customize the interface of the Site for you and to assist us in measuring and analyzing Site traffic. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed. Please review your browser’s documentation to learn the best way to modify your cookie settings. Like many websites, the Site does not currently respond to "do not track" browser settings. However, you can take steps to limit tracking by erasing cookies from your computer’s hard drive and by setting your browser to block all cookies or warn you before a cookie is stored.
- Use of Information. We internally use the information we collect as follows:
- Provision of Site. We may use collected information for the purposes for which you provided the information including, for example, responding to a question that you e-mail to us. We also use the collected information as necessary to provide the features and functionality of the Site to you and as reasonably necessary for our business operations.
- Updates and Troubleshooting. We may also use the collected information to contact you regarding updates or modifications to the Site or to help troubleshoot problems, or alert you to changes in our policies or agreements that may affect your use of the Site.
- Personalized Content. We may use the collected information to personalize the content that you and others see based on personal characteristics or preferences. For example, we may present promotional offers to you or determine the order of product presentation to you based on your expressed preferences.
- Analytics and Improvements. We may analyze collected information relating to your use of the Site in order to help us improve the Site and develop and improve other products and services.
- Promotional Offers. We may use the collected information to provide you with promotional materials and offers. However, we will give you the ability to opt out of receiving such e-mails in accordance with applicable law. We will not provide your Personal Information to third parties for their own marketing purposes without your consent.
- Combination. We may combine Personal Information collected through the Site with other information that we or third parties collect about you in other contexts—such as our communications with you via e-mail, phone, or your customer service records.
- Disclosure of Information. We share and disclose the information we collect about you as follows:
- Third-Party Service Providers. We use contractors and third-party service providers to assist us in making the Site available. Such third-party contractors or service providers may obtain access to the information you provide, including Personal Information.
- Advertising. We may partner with third party advertising companies in order to serve online advertising regarding our products and services to users after they visit the Site. This is a common practice called "retargeting." For more information on such practices, you may visit http://www.aboutads.info. For the ability to opt-out of such practices, you may visit http://www.aboutads.info/choices/.
- Aggregated Data. We may report aggregated, anonymous data relating to activity on the Site to third parties or the general public. By way of example only, this may include the provision or publication of reports regarding the geographical distribution of visitors to our Site.
- Business Arrangements. We may disclose non-personally identifiable information to third-party partners in furtherance of our business arrangements with them, including without limitation to jointly offer a product or service to you or create interoperability between our products and services and the products and services of such partners.
- Transfer as Corporate Asset. In the event of a merger, sale of capital stock or assets, reorganization, consolidation or similar transaction involving Company, the information we possess, including Personal Information, shall be transferred as a corporate asset to the acquiring entity.
- Legal Requirement. We will use and disclose information where we, in good faith, believe that the law or legal process (such as a court order, search warrant or subpoena) requires us to do so or in other circumstances where we believe it is necessary to protect the rights or property of Company, our users and/or third parties.
- Affiliates. We may disclose this information to our affiliates for use as described in this Policy.
- Information Retention. Information collected by this site associated with the formation of an account will be stored as long as the account is kept active, and up to 6 months after the account is removed. Other information related to user activity on the site will be kept for up to 1 year.
- Effective Date; Changes. When we make any changes to our practices under this Policy, we will change the Effective Date. We will treat your continued use of the Site following such change as your acceptance of the changes.
- Third Parties. The Site may contain offers from third parties or links to third-party websites. This Policy does not apply to information that you may provide to or that may be collected by third parties. We encourage you to request such third parties to provide you with their applicable privacy policies and other terms and conditions before engaging with or making a purchase from such third parties.
- Security. The Personal Information we collect about you is stored in limited access servers. We will maintain reasonable safeguards to protect the security of these servers and your Personal Information. However, no security measures are 100% effective and we cannot guarantee the security of your Personal Information. We expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your personal information or usage information.
- Children Under 16. We do not knowingly collect information from children under 16 and the Site is not directed at children under 18. If you are a parent and believe your child under the age of 16 has used the Site and provided Personal Information to us through the Site, please contact us at the phone number and address provided in Section 10 of this Policy and we will work to delete any such Personal Information.
- Transfer to the U.S. or Other Countries. Company uses facilities in the United States. Your information will be stored and processed in the United States or other countries where Company has facilities. By using the Site, you consent to the transfer of information outside of your country, even if your country has more rigorous data protection standards.
- Users Access to Data. To request a copy of your stored data, to update your information, or to request removal of your personal data, please contact the Company using the address in the following section.
- Contacting Us. If you have any questions about this Policy, please contact us at firstname.lastname@example.org or at:
Eta One Power, Inc. Attn: Privacy Questions 1314 Fremont St. San Jose, CA 95126 USA
© 2017 Eta One Power, LLC. All rights reserved.
Last modified: Fri Mar 24 14:36:18 PDT 2017 Close