End User License Agreement (EULA)
(Updated as of July 01, 2024)
- Agreement Overview
This End User License Agreement (the “Agreement”) is a legal agreement between you (“User” or “You”) and TELLUS Sensor Network Solutions, Inc. (“TELLUS,” “we,” “our,” or “us”) for the use of our software applications, including any updates or upgrades provided by TELLUS (the “Software”). By installing, accessing, or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree with these terms, do not install or use the Software.
- License Grant
Subject to the terms and conditions of this Agreement, TELLUS grants you a non-exclusive, non-transferable, revocable license to install and use the Software on a device you own or control for personal or internal business purposes.
- Restrictions
You agree not to:
- Copy, modify, or distribute the Software, except as expressly permitted by this Agreement.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software.
- Rent, lease, or lend the Software to any third party.
- Use the Software for any unlawful purpose or in any manner that violates this Agreement.
- Ownership
The Software is licensed, not sold. TELLUS and its licensors retain all rights, title, and interest in and to the Software, including all intellectual property rights. This Agreement does not grant you any rights to patents, trademarks, copyrights, or other intellectual property rights.
- User Data and Privacy
Your use of the Software is governed by our Privacy Policy and Terms of Service, which detail how we collect, use, and protect your personal information. By using the Software, you consent to the practices described in these documents.
- Updates and Maintenance
TELLUS may provide updates, patches, or modifications to the Software at its discretion. You agree to accept these updates as part of the Software and acknowledge that they may include changes to features or functionality.
- Termination
This Agreement is effective until terminated. TELLUS may terminate this Agreement if you breach any terms of this Agreement. Upon termination, you must cease all use of the Software and delete or destroy any copies of the Software in your possession.
- Warranty Disclaimer
The Software is provided “as is,” without warranty of any kind. TELLUS disclaims all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Limitation of Liability
To the maximum extent permitted by law, TELLUS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising out of or in connection with this Agreement or the use of the Software.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of Utah, United States, without regard to its conflict of law principles. Any disputes arising under this Agreement shall be resolved in the state or federal courts located in Salt Lake City, Utah.
- Miscellaneous
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. This Agreement constitutes the entire agreement between you and TELLUS regarding the use of the Software and supersedes all prior agreements and understandings.
- Contact Information
For any questions about this Agreement or the Software, please contact us at:
ATTN: Legal Department
TELLUS Networked Sensor Solutions, Inc.
2319 S. Foothill Drive, Suite 140
Salt Lake City, UT 84109
support@tellusensors.com