SKYLE EYE TRACKING END-USER LICENSE AND USE AGREEMENT

SKYLE EYE TRACKING END-USER LICENSE AND USE AGREEMENT

Version 1.1 (20.01.2020)

eyeV GmbH, Alzeyer Str. 39, 67549 Worms, Germany, Court Mainz HRB 48308

VAT ID number: DE319844771, Tax identification number: 44/654/01505 (“eyeV“), grants you, the user, a license to use the Skyle Eye Tracking on the following terms and conditions.

In this Agreement, the term “Skyle Eye Tracking” means Skyle Eye Tracking hardware components, Skyle Eye Tracking software and any other eyeV hardware or software contained in your device or distributed by eyeV either directly or indirectly, and any combinations thereof, and related documents (the “Documentation“).

BEFORE USING SKYLE EYE TRACKING, PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCEPTING THIS AGREEMENT OR USING SKYLE EYE TRACKING YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. You may only enter into this agreement and use Skyle Eye Tracking if you are legally permitted to enter into a binding contract with eyeV.

  1. HOW YOU ARE PERMITTED TO USE SKYLE EYE TRACKING
    1. You are hereby granted a license to use Skyle Eye Tracking solely for Interaction Use. “Interaction Use” is the use of Eye Tracking Data as a user input for interactive experiences in games or other software. “Eye Tracking Data” is eye gaze or pupil data from Skyle Eye Tracking, in raw or processed form, on its own or in combination with other information.
    2. You may not use Skyle Eye Tracking for Analytical Use unless you have obtained a special license, or if you are using software that has been specifically licensed by eyeV for such purpose. “Analytical Use” is defined as storing Eye Tracking Data or transferring EyeTracking Data to another computing device or network, for any purpose other than solely as part of your personal Interaction Use. Examples of Analytical Use include behavior research, advertisement testing, usability testing, streaming of gaze data and health assessments.
    3. You may not use Skyle Eye Tracking to develop software that contravenes this Section 1, or that causes a third party, such as another licensee under this Agreement, to contravene this Section 1. Any such act may cause irreparable damage to eyeV and/or the third party.
  2. OWNERSHIP AND EXCLUDED LICENSE
    1. You do not own the copyright or any other intellectual property rights in Skyle Eye Tracking. Your rights to use Skyle Eye Tracking are strictly as specified in this Agreement. eyeV retains all rights in and in relation to Skyle Eye Tracking not expressly granted to you in this Agreement.
    2. Unless provided in a separate agreement, under no circumstance do you receive a license to any patents owned or controlled by eyeV which cover or include Analytical Use.
  3. USAGE DATA TO ENHANCE USER EXPERIENCE
    1. Skyle Eye Tracking may report anonymous usage statistics and/or error and bug reports to eyeV’s servers to identify any problem that may affect the technical stability and/or overall quality of the application, as well as which of the program components have been in use. For the avoidance of doubt, this data does not include Eye Tracking Data.
    2. By accepting this Agreement you consent to eyeV’s processing of your usage data in accordance with the above.
  4. NO HIGH RISK OR MEDICAL USE
    1. Skyle Eye Tracking is not fault-tolerant. Accordingly, Skyle Eye Tracking is not designed or intended for use in any environment where failure or fault of any kind could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). Accordingly, any High Risk Use of Skyle Eye Tracking is strictly prohibited. High Risk Use includes, for example, aircraft navigation and control of other modes of human mass transportation, military applications and control of nuclear or chemical facilities. Any use in violation of the foregoing is entirely at your own risk and anyone, including you, that violates the foregoing prohibition will be solely responsible for any and all loss, liability or damages resulting therefrom and eyeV disclaims any such responsibility therefor. Furthermore, Skyle Eye Tracking is neither designed nor certified for medical classified environments (“Medical Classified Use”). Skyle Eye Tracking is prohibited from being used for Medical Classified Use and eyeV disclaims any liability related to such use.
  5. LIMITATION OF LIABILITY; INDEMNIFICATION
    1. In no event will eyeV be liable for the following, regardless of the theory of liability or whether arising out of the use of or inability to use Skyle Eye Tracking or for any other reason, even if it has been advised of the possibility of such damages: (a) indirect, incidental, special or consequential damages; (b) loss or corruption of data or interrupted or loss of business; or (c) loss of revenue, profits, goodwill or anticipated sales or savings. All liability of eyeV, its affiliates, officers, directors, employees, agents and suppliers collectively, to you, whether based in warranty, contract, tort (including negligence), or otherwise, and your exclusive remedy, shall be, the lesser of, return of the fees paid for Skyle Eye Tracking, or USD 1.000.
    2. You agree to indemnify, defend and hold harmless eyeV and its licensors, affiliates, contractors, officers, directors, employees or agents from any and all third party claims, liabilities, costs and expenses, including reasonable attorney fees and punitive damages arising from your violation of any provision of Section 1 of this Agreement.
  6. MISCELLANEOUS
    1. If you are an individual, the license granted in this Agreement is for your benefit only. If you represent a company or other legal entity, the license granted in this Agreement is for the benefit only of that company’s or legal entity’s employees and authorized agents. Any person who does not have the benefit of this license in accordance with this Agreement is not permitted to use Skyle Eye Tracking.
    2. You may not (a) disassemble, decompile, or reverse engineer any parts of Skyle Eye Tracking by any means; (b) permit or assist any party to derive or attempt to derive the source code of, disassemble, decrypt, decompile or reverse engineer Skyle Eye Tracking, or (c)  take any other steps in order to derive design information regarding Skyle Eye Tracking, in each case except to the extent required under compulsory law; provided, however, that in any such event you shall provide eyeV with detailed information regarding the activity.
    3. You agree that this Agreement and any other document referred to herein is the complete and exclusive statement of the rights and liability each of you and eyeV has in relation to Skyle Eye Tracking.
  7. UPDATES
    1. eyeV and its Licensors have no obligation to provide updates, bugfixes or error corrections (collectively, “Updates”) to the Software. If eyeV provides an Update, such Update may change or delete the nature or features of Skyle Eye Tracking, including features that you rely on. You consent to the Updates provided by eyeV. Any Updates shall be deemed to be and shall constitute part of the Software and the terms of this Agreement shall apply to the any and all such Updates.