AURREUM End User License Agreement (EULA)

Important Notice

This Agreement is an End User License Agreement (“EULA”) regarding the use of the Software (as defined in Section 1.1 of this Agreement) between you (an individual, company, or any other entity) and AURREUM. Please read this Agreement carefully and accept it before using your AURREUM products or downloading the software updates attached to this Agreement. Once you use AURREUM products or download this software updates, you will be deemed to have fully agreed to and bound by the terms of this Agreement, including acceptance of any changes made by AURREUM to the terms of this Agreement at any time. If you do not agree to this Agreement, please do not use AURREUM products or download the software updates. Subject to AURREUM’s return policy, if you do not agree to this Agreement, you may return the AURREUM products to the sales representative or authorized distributor from whom you purchased for a refund. The return policy is implemented in accordance with the relevant local laws and regulations.

The Software defined in this Agreement does not include the Open Source Software Components described in Section 1.2 below.

1. General Terms

1.1 The Software in this Agreement refers to what AURREUM or its licensors provide: (1) The Software Components provided to you together with AURREUM products, including but not limited to the codes and other embedded software stored on AURREUM products, documentation, interfaces, contents, fonts, and any other data protected by the copyright of AURREUM and its licensors. (2) Updates or upgrades on (1) above. The Software in this Agreement does not include the Open Source Software Components described in the following Section 1.2.

1.2 AURREUM products and their updates or upgrades may contain Open Source Software Components that are protected by third-party copyrights and applicable to open source software licenses. These Open Source Software Components can be identified by the specific license information distributed with the product, and different components apply to different open source licenses. Therefore, you shall comply with the terms and conditions of the open source software licenses when using these Open Source Software Components. The license conditions in this Agreement do not alter any of your rights or obligations of the open source license. Regarding Open Source Software Components, in the event of a conflict between the license conditions in this Agreement and the contents of the open source software license, the contents of the open source software license shall prevail.

1.3 Unless otherwise agreed upon, the Software in this Agreement, whether stored in read-only memory, on any other carriers, or in some other forms, or downloaded from the Internet authorized by AURREUM, is governed by this Agreement.

2. End User License Authorization

Subject to the terms and conditions in this Agreement, you are granted a limited, non-exclusive license to use the Software (as defined in Section 1.1) on an AURREUM product (set) or a computer and shall not sell, transfer or use the Software for other commercial purposes.

3. Limitations of Use

3.1 Unless otherwise agreed upon, you may not use AURREUM’s technology and intellectual property rights to design, develop, manufacture, sell or license third-party devices, accessories and development applications related to AURREUM products and software.

3.2 You may make copies of the Software on your computer’s hard drive or other storage media for archival purposes. However, the Software shall not be distributed or made available over the Internet so that it can be used by more than one device or computer at the same time.

3.3 You may not sell, rent, lease, lend, sublicense or distribute the Software, in whole or in part, to any third party without the written consent from AURREUM. However, you may permanently transfer all license rights of the Software to another party once and for all, together with AURREUM products, provided that: (1) The transfer includes your AURREUM products and all of the AURREUM software. (2) You do not retain any full or partial copies of the Software. (3) The other party receiving the AURREUM products and software has read and agreed to accept the terms in this Agreement.

3.4 Except as otherwise expressly permitted, you shall not and nor allow any other person to copy, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Software or simplify the Software to human-readable form, or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats, or programming or interoperability interfaces of Software or of any files contained or generated using Software by any means whatsoever, except to the extent otherwise expressly permitted under applicable law, notwithstanding this restriction, without the prior express written consent of the Licensor, any such created works are derivative works and as such are the sole and exclusive property of Licensor.

3.5 You shall not make error correction, modification, adaptation, translation or preparation of derivative works for this software.

3.6 You shall not decrypt data or extract portions of the Software’s files for use in other applications.

3.7 You shall not remove, obscure or alter AURREUM’s or any third party’s product names, trademarks or patent, copyright, or other proprietary rights notices, or ownership attribution statements affixed to or contained within or accessed in conjunction with or through the Software.

3.8 When you use the Software for storage or copying, in some countries or regions, you need to obtain authorization from the rights holder. The copy function provided by the AURREUM Software is only used to copy materials that are not copyrighted, materials that are copyrighted by you, or materials that you are legally authorized to copy.

3.9 You shall not violate any applicable law pertaining to child pornography or any other law intended to protect minors' health or well-being.

3.10 You agree to use the Software in compliance with the laws and regulations of the applicable country or region.

3.11 You shall not disclose, transfer or otherwise provide any performance, capacity, functionality or benchmark results of the Software to any third party without the written consent of AURREUM.

4. Reservation of Rights

4.1 AURREUM and its licensors own the title, copyright, and other intellectual property rights in the Software and all subsequent copies of the Software, and reserve any other rights not expressly granted to you in this Agreement.

4.2 The Software is licensed, not sold and the Licensee does not acquire any rights of ownership in the Software. You acknowledge that AURREUM or its licensors own all right, title, and interest in and to the Software and Services and all associated materials and services, including without limitation, the structure, organization, source code, all copyrights, patents, trade secrets, and other intellectual property rights throughout the world, in and to the original and all copies, portions, extracts, selections, arrangements, adaptations, compilations, and any derivatives of the Software and Services, or software or content provided through or in conjunction with the Software or Services, and all features, updates, releases, enhancements, bug fixes, workarounds, patches, updates, and all associated documentation and product packaging.

5. Termination and Ongoing Effectiveness

5.1 This Agreement is effective as of the first day you install the Software. You may terminate this Agreement at any time and permanently delete, destroy, and return the Software, copies, and other materials provided by AURREUM, at your sole cost and expense. This Agreement may be terminated by AURREUM or its licensors at any time if you fail to comply with the terms or conditions in this Agreement. Upon termination, you shall immediately stop using the Software and delete all software and related materials that have been copied and installed on AURREUM products or computers.

5.2 Upon termination of this Agreement, Sections 6, 7, 8, 9, 11, and 12 remain effective.

6. Limited Warranty

6.1 To the maximum extent permitted by applicable laws, the AURREUM Software and the services provided by the AURREUM Software are provided on an “AS IS” basis. AURREUM and its licensors disclaim all warranties, express or implied, with respect to all content in the Software, including but not limited to warranties of quality, performance, accuracy, merchantability, fitness for a particular purpose, or non-infringement of third-party rights. AURREUM and any other party do not warrant that the functions available in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. You assume all responsibility and risk in choosing the Software to achieve the desired results, or in installing, using, and obtaining the results of the operation of the Software.

6.2 The installation of the Software may affect the availability of third-party software, applications or services. AURREUM does not warrant that the functions or services contained in the Software will meet your requirements, that the Software and services will be error-free or will provide continuous and durable service, or that the Software will be compatible with any third-party software or services.

6.3 The Software or services are not intended for use in situations or environments where the failure or time delays of, or errors or inaccuracies in the content, data, or information provided by the Software or services could lead to death, personal injury, or severe physical or environmental damage, including but not limited to the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems.

7. Limitations of Liability

7.1 AURREUM is not responsible for any problems with the use of the Software caused by accident, abuse, misuse, or unauthorized modification.

7.2 Any other incidental, indirect, or punitive losses arising from the use of the Software, including but not limited to loss of business profits, inability to send or receive any data, business interruption, loss of information or data, property loss, personal injury, regardless of the liability theory (contract, tort, negligence or otherwise), AURREUM and its employees, licensors and their affiliates shall not be liable for compensation, even if the possibility of such damage is informed. If local laws prohibit the limitations of liability for personal injury, consequential damages, etc., the relevant terms will not apply to you.

7.3 To the maximum extent permitted by applicable laws, AURREUM’s maximum liability for losses suffered by you as a result of using the Software is limited to the price you paid for the Software. (Except as required by laws, personal casualties caused by negligence based on AURREUM shall not be subject to this limitation). If the software and services are provided without charge, then there shall be no liability to you whatsoever.

7.4 YOU MAY ALSO HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY BY STATE AND COUNTRY. THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE ESSENTIAL AND THAT THE LICENSEE WOULD NOT BE ALLOWED TO USE THE SOFTWARE IF THE LICENSEE HAD NOT AGREED TO THESE TERMS. EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, THIS SECTION WILL SURVIVE AND APPLY.

7.5 THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE ESSENTIAL AND THAT LICENSEE WOULD NOT BE PERMITTED TO USE THE SOFTWARE IF LICENSEE HAD NOT AGREED TO THESE TERMS. THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

8. Intellectual Property

8.1 This agreement does not transfer the ownership and intellectual property rights of the Software and the Product, and the intellectual property rights of the Software and the Product are owned by AURREUM. The “intellectual property rights” mentioned herein are all current and future copyrights, trademarks, trade secrets, patents and any other legally recognized intellectual property rights.

8.2 This Product (including any copies of it) is protected by patents, copyrights, trademarks, trade secrets and other laws, including but not limited to international treaties.

9. Technical Support

AURREUM does not provide any technical support services regarding the Software in this Agreement.

10. Export Controls

By downloading or accessing this Software, you agree to the following terms: 10.1 You are not a citizen, national, or resident of Cuba, Iran, North Korea, Sudan, Syria, or any other country to which the United States prohibits exports, and you will not export or re-export, directly or indirectly, to such countries or to citizens, nationals or residents of such countries.

10.2 You are not on the US Department of Treasury’s lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers or Specially Designated Terrorists, and you will not export or re-export the Software to any person or entity on the Department of Commerce’s Denied Persons List, Entity List, or Unverified List.

10.3 You will not export or re-export, directly or indirectly into (or to a national or resident of) any embargoed or terrorism-supporting country.

10.4 Without first obtaining an export license or other government approval, you will not export or re-export directly or indirectly to any country to which such export or re-export is restricted or prohibited, or with respect to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export. You accept full responsibility for complying with all export laws and regulations as well as obtaining all necessary export approvals, permits, and expenses.

10.5 You do not intend to use or access, nor will you allow any other person to use or access the Software for any purpose prohibited by laws of the United States, including but not limited to the development, design, manufacture, or production of nuclear, chemical or biological weapons of mass destruction.

10.6 In the event of any conflict between the terms and conditions in this Agreement and any terms and conditions in the Software, the terms and conditions set forth in this Agreement shall prevail.

11. Notice and Contact

Any notice or contact in connection with this Agreement shall be made in writing and sent by registered mail or return receipt.

12. Integrity

This Agreement and the Attachments between you and AURREUM shall govern all your use of the Software and supersede all prior agreements reached between the two parties on the use of the Software. Additional terms and conditions may apply when you use or purchase open source software, third-party products, or other specific services from AURREUM.

13. Governing Law

This Agreement is governed by and construed in accordance with the substantive law in force of the United States of America.

14. Data Privacy and Protection

Unless otherwise specified in this Agreement, the Software is governed by AURREUM’s privacy statement, which may be found at Privacy Notice. AURREUM ASSUMES NO LIABILITY FOR DATA LOSS, DATA DELETION, OR DATA STORAGE FAILURE. The usage of the Services and/or any information sent or saved via the Software is not subject to AURREUM’s responsibility to monitor. AURREUM retains the right to reveal user data or other information, but only to the extent necessary to comply with relevant laws, rules, or orders, and in accordance with data privacy and other user protection obligations applicable to the country where data is maintained. AURREUM shall provide you reasonable notice of any such necessary or requested disclosure, unless prohibited by law or other order, and shall cooperate reasonably to restrict such disclosure to the extent permitted under law.

15. Contact Us

For any inquiry about the information contained in this Agreement or about AURREUM’s privacy practices, please contact us by calling customer service by email at [email protected].