Xvisio Technology  SDK License Agreement

IMPORTANT: READ CAREFULLY BEFORE INSTALLING, DOWNLOADING, OR USING THE SOFTWARE

This Xvisio Technology SDK License Agreement (“Agreement”) is between you (either an
individual or an entity) (“You”) and Xvisio Technology Corporation (“Xvisio Technology”),
A company registered in Delaware of USA and govern
Your use of the Xvisio Technology software developer kit software and related documentation
as well as updates and upgrades to the above made available by Xvisio Technology from time
to time at its discretion (jointly the “Software”). The Software may be provided
and sent to You by email, or downloaded from Xvisio Technology’s website or servers or from
other sources upon discretion of Xvisio under the terms and conditions set forth
below. The Software is licensed, not sold. READ CAREFULLY THE TERMS OF THIS
AGREEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON WHILE INSTALLING, DOWNLOADING,
OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU
DO NOT AGREE WITH THESE TERMS, YOU DO NOT HAVE A RIGHT TO DOWNLOAD, INSTALL OR
USE THE SOFTWARE. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU
HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. If You are agreeing to be bound by the Agreement on behalf of Your
employer or other entity, You must have the authority to bind Your employer or
such entity to the Agreement. If You do not have the requisite authority, You
may not accept the Agreement or use the Software on behalf of Your employer or
other entity. The Software may subject to specific limitations such as purpose
of use and certain technical requirements including but not limited to operating
system, storage space, geographical location or network connectivity.

1)  License Grant

Subject to Your continued compliance with this Agreement, Xvisio Technology hereby grants
under its copyrights to You, and You agree to be bound by, a non-exclusive,
personal, non-transferable and revocable license to copy, modify and make
derivative works of the Software, in source and object code form, as applicable,
during the term of this Agreement, only for purposes of developing applications,
products, features and functionalities that are intended to work with Xvisio Technology
products and services. You may also redistribute your derivative works subject
to conditions below:

1.  Any redistributions of must be accompanied (in the documentation and/or other
materials provided with the distribution) with the following disclaimer:

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

2.   Any redistributions must reproduce the copyright notices included in the
Software.

The license is further subject to the following limitations:

1.  Neither the name of the copyright holder nor the names of its contributors
may be used to endorse or promote products derived from this software without
specific prior written permission;

3.  You may not use the documentation accompanied by the Software for any purpose
except to support Your use of the Software;

4.  You may not use the Software or any portion thereof to implement any
competing SDK or other product; and

5.  The Software may contain certain third-party software and/or open source
software. You agree that Your use of any third-party software or open source
software is governed by the license terms provided with such third-party or open
source software.

2)  No implied rights

The Software is protected by copyright laws and international copyright and
other intellectual property treaties. You acknowledge and agree that all right,
title and interest in and to the Software shall at all times remain with Xvisio Technology
and its licensors. No right, title, or interest in or to any trademarks,
patents, service marks, or trade names of Xvisio Technology and/or its licensors is granted
hereunder expressly, by implication, estoppel or otherwise. Xvisio Technology and its
licensors reserve any and all rights not expressly granted to You.

3)  Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Xvisio Technology, ITS
REPRESENTATIVES OR LICENSORS BE LIABLE FOR ANY DAMAGES, LOSSES, LOST PROFITS,
REVENUE, SALES, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR
FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER CAUSED
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF Xvisio Technology OR ITS
LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
COUNTRIES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY
ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, Xvisio Technology, ITS EMPLOYEES OR LICENSORS
OR AFFILIATES’ LIABILITY SHALL BE LIMITED TO EUR 100.

4)  Updates and Technical Support Xvisio Technology may, at its discretion, provide updates,
upgrades, bug fixes, modifications, enhancements and new releases and versions
to the Software (“Updates”) but Xvisio Technology has no obligation to do so or provide
other technical support unless separately agreed in writing between You and
Xvisio Technology. If Xvisio Technology makes an Update available, this Agreement will govern the
Updates unless the Update is accompanied by a separate license in which case the
terms of such license will govern.

5)  License Term

This Agreement is effective from the first date You install the Software. You
may terminate this Agreement at any time by permanently deleting, destroying,
and returning, at Your own costs, the Software, all backup copies, and all
related materials provided by Xvisio Technology. Your license automatically and immediately
terminates without notice from Xvisio Technology if You fail to comply with any provision of
this Agreement. In such an event, You must immediately delete, destroy, or
return at Your own cost, the Software, all backup copies, and all related
material to Xvisio Technology.

6)  Survival

Sections 2 (No Implied Licenses), 3 (Limitation of Liability), 9 (Governing Law
and Dispute Resolution) shall survive any termination or expiration of this
Agreement.

7)  Changes to the Agreement Terms

Xvisio Technology may revise and/or update the terms of this Agreement from time to time.
Such changes will be effective with or, as applicable, without prior notice to
You. The most current version of this Agreement is available at
https://www.xvisiotech.com/. You are responsible for checking the changes periodically.
If You do not accept a change to this Agreement, You may terminate this
Agreement subject to Section 7. Your continued use of the Software after a
change to this Agreement constitutes Your complete and irrevocable acceptance of
any and all such changes.

8)  Miscellaneous

You are responsible for any costs and fees You may incur in using the Software
including costs necessary for establishing necessary connections to use the
Software. The License constitutes the entire agreement between You and Xvisio Technology
with respect to the subject matter and supersedes all prior negotiations and
agreements (written and oral) relating to the subject matters covered. The
Software may be subject to export control laws in countries of use. You agree to
comply strictly with all such regulations and acknowledge that You have the
responsibility to obtain licenses to export, re-export, or import the Software.
The Software is not fault-tolerant and is not designed, manufactured or intended
for use or resale as control equipment in hazardous environments requiring
fail-safe performance, such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life support
machines, or weapons systems, in which the failure of the Software could lead
directly to death, personal injury, or severe physical or environmental damage
(“High Risk Activities”). Xvisio Technology expressly disclaims any express or implied
warranty of fitness for High Risk Activities. If any provision of the License is
declared void or unenforceable, such provision will be deemed to be severed from
the License, and the License will, in all other respects, remain in full force
and effect. A waiver is not valid or binding on the party granting that waiver
unless made in writing and signed by the authorized representatives of both
parties. You may not assign the Agreement or any of Your rights and obligations,
without a prior written consent of Xvisio Technology. Xvisio Technology may assign the Agreement to a
third party at its sole discretion.

9)  Governing Law and Dispute Resolution

The Agreement is governed by the laws of Delaware,USA. Any dispute, controversy or 
claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, will be finally
settled by arbitration in accordance with the Arbitration Rules of the US
Chamber of Commerce. The arbitral tribunal will consist of one (1) arbitrator.
The seat of arbitration is Delaware, USA.  The language of the proceedings is
English.

Copyright © 2021 Xvisio Technology . All Rights Reserved.