VISIBILITYONE SOFTWARE LICENSE TERMS EULA VISIBILITYONE DATA COLLECTOR, DATA PLUGIN, AND DESKTOP APPLICATION “APPS”
Thank you for using our products, services, and software applications. The software applications and services are provided by VisibilityOne Corporation (“VisibilityOne”), located at 1309 S Myrtle Ave. Monrovia, CA 91016, US.
By using our software applications, you are agreeing to these End User Licensing Agreement terms. Please read them carefully. Our Apps are very diverse, so sometimes additional terms or requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
These license terms are an agreement between you and VisibilityOne Corporation (or one of its affiliates). They apply to the software named above and any VisibilityOne services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or VisibilityOne’s rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.
INSTALLATION AND USE RIGHTS
General. You may install and use any number of copies of the software.
Third-Party Software. The software may include third party applications that are licensed to you under this agreement or under their own terms. License terms, notices, and acknowledgments, if any, for the third party applications may be accessible online at https://www.Visibility.One/legal or in an accompanying notices file. Even if such applications are governed by other agreements, the disclaimer, limitations on, and exclusions of damages below also apply to the extent allowed by applicable law.
SCOPE OF LICENSE. The software is licensed, not sold. VisibilityOne reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to):
workaround any technical limitations in the software that only allow you to use it in certain ways;
reverse engineer, decompile or disassemble the software;
remove, minimize, block, or modify any notices of VisibilityOne or its suppliers in the software;
use the software for commercial, non-profit, or revenue-generating activities;
use the software in any way that is against the law or to create or propagate malware; or
share, publish, distribute, or lend the software, provide the software as a stand-alone hosted solution for others to use, or transfer the software or this agreement to any third party.
EXPORT RESTRICTIONS. You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end-users, and end-use.
SUPPORT SERVICES. VisibilityOne is not obligated under this agreement to provide any support services for the software. Any support provided is “as is”, “with all faults”, and without warranty of any kind.
ENTIRE AGREEMENT. This agreement, and any other terms VisibilityOne may provide for supplements, updates, or third-party applications, is the entire agreement for the software.
APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES. If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. If you acquired the software in any other country, its laws apply. If U.S. federal jurisdiction exists, you and VisibilityOne consent to exclusive jurisdiction and venue in the federal court in Los Angeles County, California for all disputes heard in court. If not, you and VisibilityOne consent to exclusive jurisdiction and venue in the Superior Court of Los Angeles County, California for all disputes heard in court.
CONSUMER RIGHTS; REGIONAL VARIATIONS. This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, or country. Separate and apart from your relationship with VisibilityOne, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state, province, or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the device, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.
Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as described in any VisibilityOne materials that accompany the software. However, VisibilityOne gives no contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, VisibilityOne is liable according to the statutory law.
Subject to the foregoing clause ii., VisibilityOne will only be liable for slight negligence if VisibilityOne is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, VisibilityOne will not be liable for slight negligence.
DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. VISIBILITYONE GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, VISIBILITYONE EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM VISIBILITYONE AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third-party Internet sites, or third party applications; and (b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; or any other claim; in each case to the extent permitted by applicable law.
It also applies even if VisibilityOne knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state, province, or country may not allow the exclusion or limitation of incidental, consequential, or other damages.