End-User License Agreement (EULA)
END-USER LICENSE AGREEMENT FOR “NEONODE zForce® Product ”. IMPORTANT, PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY.
The End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and “Neonode Inc” for the NEONODE zForce® Product (s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("NEONODE zForce® Product "). By installing, copying, or otherwise using the NEONODE zForce® Product, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and “Neonode Inc.”, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the NEONODE zForce® Product.
The NEONODE zForce® Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The NEONODE zForce® Product is licensed, not sold.
1. Grant of License
The NEONODE zForce® Product is licensed as follows:
(a) Installation and Use.
“Neonode Inc” grant you the right to install and use copies of the NEONODE zForce® Product on your unit, running a validly licensed copy of the operating system for which the NEONODE zForce® Product was designed.
(b) Backup Copies.
You may also make copies of the NEONODE zForce® Product as may be necessary for backup and archival purposes.
2. Description of other rights and limitations
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the NEONODE zForce® Product.
You may not distribute registered copies of the NEONODE zForce® Product to third parties.
(c) Prohibition on Reverse Engineering, De-compilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the NEONODE zForce® Product, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity.
You may not rent, lease, or lend the NEONODE zForce® Product.
(e) Support Services.
“Neonode Inc” or “Neonode approved Licensees” may provide you with support services related to the NEONODE zForce® Product ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the NEONODE zForce® Product and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the NEONODE zForce® Product.
Without prejudice to any other rights, “Neonode Inc” may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the NEONODE zForce® Product in your possession.
All title, including but not limited to copyrights, in and to the NEONODE zForce® Product and any copies thereof are owned by “Neonode Inc.”. All title and intellectual property rights in and to the content which may be accessed through use of the NEONODE zForce® Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by “Neonode Inc.”.
5. No warranties
“Neonode Inc.” expressly disclaims any warranty for the NEONODE zForce® Product. The NEONODE zForce® Product is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. “Neonode Inc.” does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the NEONODE zForce® Product. “Neonode Inc.” makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. “Neonode Inc.” further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. Limitation of liability
In no event shall “Neonode Inc.” be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the NEONODE zForce® Product, even if “Neonode Inc.” has been advised of the possibility of such damages. In no event will “Neonode Inc.” be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. “Neonode Inc.” shall have no liability with respect to the content of the NEONODE zForce® Product or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.