PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (THIS "LICENSE" or “EULA”) CAREFULLY BEFORE USING THE VUZIX SOFTWARE. BY USING THE VUZIX SOFTWARE AND BY FIRST CLICKING "I ACCEPT" BEFORE FIRST USE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE, AS UPDATED OR MODIFIED AND PUBLISHED ON THE VUZIX WEBSITE FROM TIME-TO TIME. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE VUZIX SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE WHILE YOU ARE UNDER COVERAGE OF THE MINIMUM WARRANTY PERIOD OF THIRTY (30) DAYS FROM THE DATE OF DELIVERY OR SUCH GREAT MINIMUM TIME PERIOD AS MAY BE REQUIRED BY YOUR JURISDICTION, YOU MAY RETURN THE VUZIX SOFTWARE, OR THE VUZIX HARDWARE PRODUCT WHICH INCLUDED THE VUZIX SOFTWARE (IF APPLICABLE), TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND IN ACCORDANCE WITH STANDARD RETURN POLICIES, PROCEDURES AND REQUIREMENTS.IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
2. Permitted License Uses and Restrictions
A. This License allows you to install and/or use one copy of the Vuzix Software on only one computer or hardware device.
B. This License does not allow the Vuzix Software to run on more than one computer or hardware device at a time, and you may not make the Vuzix Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Vuzix Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. No license is granted to you in the human readable code of the Vuzix Software (i.e., the source code).
C. Except as expressly set forth herein or as otherwise approved by Vuzix in writing, you may not copy, modify, decompile, translate, reverse engineer, disassemble or otherwise create derivative works of or attempt to derive the source code of the Vuzix Software or any part thereof.
THE VUZIX SOFTWARE IS NOT INTENDED FOR USE, AND SHALL NOT IN ANY CASE BE USED, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE VUZIX SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
D. You agree that you shall only use the Software in a manner that complies with all applicable laws in the jurisdictions in which you use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
E. You agree to hold harmless, indemnify and defend each of Vuzix, its licensors or suppliers, and their respective affiliates, officers, directors, and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have violated any terms of this Agreement.
You may not rent, lease, lend or sublicense the Vuzix Software. You may, however, make a one-time permanent transfer of all of your license rights to the Vuzix Software to another party, provided that: (a) the transfer must include all of the Vuzix Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Vuzix Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Vuzix Software reads and agrees to accept the terms and conditions of this License. All components of the Vuzix Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications.
UPDATES: If a Vuzix Software update substantially replaces (full install) a previously licensed version of the Vuzix Software, you may not use both versions of the Vuzix Software at the same time nor may you transfer them separately.
4. Consent to Use of Data
You agree that Vuzix and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer or hardware device, system and application software and peripherals, use patterns and other data that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any related to the Vuzix Software, and to verify compliance with the terms of this License. Vuzix may also use this information, so long as it is in an anonymized and aggregated form or otherwise does not personally identify you, to develop, improve and enhancement products, services and other technologies.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from Vuzix if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Vuzix Software and destroy or return to Vuzix all copies, full or partial, of the Vuzix Software.
6. Limited Warranty on Media (if applicable)
Vuzix warrants the media on which the Vuzix Software is recorded and delivered by Vuzix to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under thisSection shall be, at Vuzix' option, a refund of the purchase price of the product containing the Vuzix Software or replacement of the Vuzix Software which is returned to Vuzix or an authorized representative of Vuzix with a copy of the receipt.
THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU WITH RESPECT TO THE SOFTWARE AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
7. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE VUZIX SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VUZIX SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VUZIX AND VUZIX' LICENSORS (COLLECTIVELY REFERRED TO AS "VUZIX" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE VUZIX SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VUZIX DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE VUZIX SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE VUZIX SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE VUZIX SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE VUZIX SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VUZIX OR AN VUZIX AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE VUZIX SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL VUZIX 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 VUZIX SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF VUZIX 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 VUZIX' 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.
9. Export Control
You may not use or otherwise export or re-export the Vuzix Software except as authorized by United States law and the laws of the jurisdiction in which the Vuzix Software was obtained. In particular, but without limitation, the Vuzix Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Vuzix Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
10. Government End Users
The Vuzix Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
11. Controlling Law and Severability
This License will be governed by and construed in accordance with the laws of the State of New York, as applied to agreements entered into and to be performed entirely within New York between New York residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
12. Complete Agreement; Governing Language
This License constitutes the entire agreement between the parties with respect to the use of the Vuzix Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. Any amendment to or modification of this License, other than as published by Vuzix on its website from time-to-time, will only be binding to the extent set forth in writing and signed by Vuzix. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
13. Third Party Acknowledgements
Portions of the Vuzix Software utilize or include third party software, other copyrighted material and/or public domain licensed software (for more information on public domain licenses see: https://creativecommons.org/share-your-work/public-domain/). Acknowledgements, licensing terms and disclaimers for such material may be contained in the printed and/or electronic documentation for the Vuzix Software, and your use of such material is governed by their respective terms
All contents of this document are subject to change without notice.
Designed by Vuzix in New York Printed in USA