By checking the box marked 'I accept the ForeSight Visual Acuity Software purchase agreement.' I certify that I am the authorizer and purchaser as described in this document as "You" and hereby agree to the following terms of service.
This agreement (or “EULA”) is a legal agreement between the person, company or organization (“You”) that has licensed a software product (“Product”) and Digital Lighting Solutions, Inc. (“Licensor” or “Application Provider”). The Product is to be obtained only from the "Services" offered by the Licensor's website https://foresighteyes.com or through direct communication with an executive member of Digital Lighting Solutions, Inc. By installing and/or using any Product provided by the Licensor, You are confirming your acceptance of this agreement and you are agreeing to become bound by the terms of this agreement.
This EULA shall apply only to a Product supplied by the Licensor herewith regardless of whether other software or platform is referred to or described herein.
The Products transacted through the Services are licensed, not sold, to You for use only under the terms of this license. The Application Provider reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.” The Licensed Application is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) and/or with Google’s operating system (“Android”) and/or with Microsoft's operating system ("Windows") and/or with open source operating systems such as "Linux" and "Unix" platforms, the aforementioned devices are referenced in this license as “Devices”.
d. Services; The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Devices are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
f. Limitation of Liability. To the extent not prohibited by law, in no event shall application provider be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if application provider has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The Agreement governs any accepted Order from the Licensor and applys to Your use of the Product. We shall make the Software available to You as a Subscription in accordance with the applicable Order. The Subscription Fees cover the use of the Software (in accordance with the license granted herein). These Terms do not apply in respect of any additional services such as any installation, integration, parametrization and/or adaption services related to the Product. By signing an Order offered by the Licensor, which references these Terms or by indicating Your acceptance through an “I accept” button or similar electronic acceptance method, You accept the Order and agree to be bound by the Agreement.
We are and remain exclusive owners of all rights (including without limitation the Proprietary Rights) in and to the Product and Documentation. You are granted a non-exclusive, non-transferable, revocable right to use the Software for the Subscription Term for Your own and Your Affiliates’ internal purposes (which specifically excludes any analysis of third-party data and any use of the Software for other companies/organizations is prohibited). You are responsible for all acts and omissions in breach of the Agreement by any such Users and Affiliates and accordingly, You will ensure that all Users and all Affiliates are made aware of the terms of the Agreement applicable to Your use of Software.
Your Subscription commences on the effective date of the Order unless otherwise specified therein. Your Subscription continues for the Initial Subscription Term stated in the Order. Thereafter, the Subscription will automatically renew for successive periods of 12 months or 1 year (each a “Renewal Term”). The Term of this plan shall automatically be extended for one (1) additional year at the end of the initial Term, and then again after each successive one (1) year period thereafter (each such one (1) year period following the Initial Term is referred to as a successive period). However, the committee may terminate this Plan at anytime.
Termination of any Order shall have no effect on any other Order under this Agreement. Termination will not include any reimbursement in any way. Termination of the Subscription will cancel the Renewl Term for the Subscription at the Renewal Term end date.