End-User License Agreement (EULA) of SeraumSDK Devkit

This EULA also covers any version of the Fortpress Devkit, since SeraumSDK is the new name for the same software.

This EULA can also be found here: EULA


Agreement

By accepting this End User License Agreement (EULA) or by downloading or using the Software you signify that you have read and agree to all the terms of this license agreement.

This End-User License Agreement ("EULA") is a legal agreement between you and SERAUM OÜ.

This EULA agreement governs your acquisition and use of our SeraumSDK Devkit ("Software") directly from SERAUM OÜ or indirectly through a SERAUM OÜ authorized reseller or distributor (a "Reseller").

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

Please read this EULA agreement carefully before completing the installation process and using the SeraumSDK Devkit software. It provides a license to use the SeraumSDK Devkit software and contains warranty information and liability disclaimers.

If you register for a free trial of the SeraumSDK software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the SeraumSDK Devkit software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by SERAUM OÜ herewith regardless of whether other software is referred to or described herein. The terms also apply to any SERAUM OÜ updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

You agree that this EULA may be electronically signed. You agree that your electronic signature, manifested by clicking the “I Accept” button, is the same as a handwritten signature for the purposes of validity, enforceability and admissibility.

By accepting this EULA, you hereby represent and warrant that you are of a legal age to form a binding contract with SERAUM OÜ and meet all of the eligibility requirements set forth herein. If you do not meet all of these requirements, you must not click “I Accept,” or download, install, access, or use the Software.

If you are using the Software on behalf of a business or entity, whether in part or in whole, then you agree, represent and warrant that (a) “you,” “your,” and “End User” includes you and the business or entity that you represent, (b) you are duly authorized by such business or entity to agree on its behalf and bind such business or entity to this EULA; (c) the business or entity is legally responsible for your use of the Software (whether by you or anyone else, whether or not authorized by your business or entity); and (d) any and all claims arising out of or in connection with this EULA or the Software will be raised by such business or entity, rather than you, and you hereby assign all such claims to such business or entity.

We may amend and/or update this EULA from time to time in our sole discretion, with or without providing prior notice to you. All amendments and updates shall become effective immediately at the time of posting online and apply to all access and use of the Software thereafter. You should review this EULA regularly so that you are aware of any changes, as they are binding on you. If you do not agree with or accept the updated terms, you must discontinue use of the Software. You will be deemed to accept the updated EULA if you continue to use the Software after the time that the updated EULA is posted.

License Grant

SERAUM OÜ hereby grants you a personal, non-transferable, non-exclusive license to use the SeraumSDK Devkit software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the SeraumSDK Devkit software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the SeraumSDK Devkit software.

End User Obligations

You agree to (a) comply with any and all reasonable instructions, standards and protocols issued by SERAUM OÜ from time to time with respect to the Software; (b) comply with all applicable laws when using the Software; (c) use commercially reasonable efforts to prevent unauthorized access to or use of the Software, and to notify SERAUM OÜ promptly of any such unauthorized access or use; (d) implement and maintain adequate internal security measures in connection with the use of the Software, including appropriate procedures for maintaining and updating passwords, ensuring the confidentiality and safe storage of all log in details, user names and passwords, immediately notifying SERAUM OÜ if you suspect a breach of your security measures; (e) use at least industry-standard virus protection practices to protect your systems, networks, products and infrastructure against viruses, worms, or other similar security threats; and (f) ensure and be responsible for the accuracy of all data entered by you or provided to SERAUM OÜ by whatever method in using the Software. For the avoidance of doubt, you are solely responsible for all content provided, transmitted, maintained, or stored in connection with your use of the Software, including without limitation any information and business rules applied in configuring the Software for its use.

You shall not: (a) sell, resell, rent or lease the Software; (b) develop any products, modules, add-ons or other applications, features or functionality based upon, derivative from or otherwise utilizing the Software via any means; (c) use the Software to store or transmit infringing, defamatory, threatening, offensive, abusive, obscene, libelous, or otherwise unlawful or tortuous information or material or to store or transmit information or material in violation of third party privacy rights or intellectual property rights; (d) use the Software to execute, store or transmit malicious code; (e) interfere with or disrupt the integrity or performance of the Software; (f) attempt to gain unauthorized access to the Software; (g) reverse engineer, decompile, disassemble, or otherwise attempt to learn any source code, structure, designs, algorithms, or other items underlying the Software; (h) remove any copyright, trademark, patent, or other proprietary notice that appears on the Software or any print-outs or electronic files therefrom, or otherwise infringe upon or misappropriate any intellectual property or other proprietary rights of SERAUM OÜ, or any of SERAUM OÜ licensors; (i) use the Software in the manner that makes excessive use of SERAUM OÜ’s network; (j) introduce into any system, network, product or data, any time bomb, Trojan Horse, worm, drop dead device, virus or other computer software routines designed to permit access to, use of, deletion of or interference with operation of any aspect thereof that is unauthorized; and (k) introduce any self-destruction mechanism, illicit code, automatic restraint, or other mechanism that may interfere with SERAUM OÜ’s abilities to exercise its rights under this EULA or other computer operations.

You shall be responsible for ensuring the security and confidentiality of your passwords. You acknowledge that you will be solely responsible for all liabilities incurred through use (permitted or unpermitted) of any passwords.

Indemnification

You agree to indemnify and hold harmless SERAUM OÜ against any and all claims, losses, damages, costs, expenses and other liabilities of any kind that SERAUM OÜ incurs or suffers to the extent arising from your acts and/or omissions with respect to the Software, including the use thereof, and/or breach of any of your obligations under this EULA by you.

Afterwards, you will be required to pay ONE THOUSAND DOLLARS ($1,000.00) every month for each illegal instance that is running if it can be demonstrated in any way that you are using the SeraumSDK Devkit in a way that is against this EULA (such as a commercial product without a proper license or agreement by SERAUM OÜ).

Intellectual Property and Ownership

SERAUM OÜ shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of SERAUM OÜ. SERAUM OÜ reserves the right to grant licenses to use the Software to third parties. You understand and agree that: (a) SERAUM OÜ may remove or demand removal of any and all data that is provided, transmitted, maintained or stored through the Software in order to ensure on-going compliance with any applicable acceptable use policies implemented by SERAUM OÜ, and/or to address inappropriate, unlawful, offensive or obscene material; (b) SERAUM OÜ may use all data, in whole or in part for purposes of providing the Software and for research, analysis, development, enhancement and improvement of the Software; (c) SERAUM OÜ may disclose any data as may be required by law, court order or similar process; and (d) may share or use de-identified or aggregate data for any purpose.

Termination

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to SERAUM OÜ. It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of ee.

WARRANTY DISCLAIMER

SERAUM OÜ will not be liable for any difficulties, problems, damages, losses or other liabilities caused by: (a) the operation, combination or integration of the Software with any hardware or software not supplied or approved by SERAUM OÜ; (b) any modifications to the Software not performed by SERAUM OÜ; and (c) any abuse or incorrect use of the Software, including with hardware and/or software which are incompatible with the Software.

SERAUM OÜ make no representation, nor does SERAUM OÜ give any warranty, guarantee or undertaking, that the Software are free from bugs, errors or mistakes or that the Software will meet your requirements. You must ensure that the Software are suitable for your requirements.

WITHOUT LIMITING THE FOREGOING, SERAUM OÜ DOES NOT MAKE ANY REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION OR NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, SERAUM OÜ DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA NOT PROVIDED BY SERAUM OÜ; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (C) ERRORS OR DEFECTS WILL BE CORRECTED. YOUR ABILITY TO ACCESS AND/OR USE THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS THAT ARE OUTSIDE THE CONTROL OF SERAUM OÜ AND SERAUM OÜ IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES OR LIABILITIES RESULTING FROM SUCH PROBLEMS. SERAUM OÜ DISCLAIMS ANY WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE POTENTIAL SUCCESS OF END USER’S BUSINESS OPERATIONS AS CONTEMPLATED BY THIS EULA.

Limitations on Liability

NEITHER SERAUM OÜ NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, CUSTOMERS, AND AGENTS, AND THE SUCCESSORS OR ASSIGNS OF THE FOREGOING, SHALL BE LIABLE TO ANY PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOSS OF OR DAMAGE TO DATA, LOST OPPORTUNITIES, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA, THE SERVICES, OR ANY BUSINESS ACTIVITY OF END USERS.

SERAUM OÜ’S TOTAL AGGREGATED LIABILITY FOR ANY AND ALL LOSSES, DAMAGES, COSTS, CLAIMS OR EXPENSES SUFFERED BY END USER OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS OR AGENTS DURING OR AFTER THE TERM OF THIS EULA AND ARISING OUT OF OR IN CONNECTION WITH THIS EULA, THE SERVICES, OR ANY BUSINESS ACTIVITY OF SERAUM OÜ OR END USER SHALL NOT, IN THE AGGREGATE, EXCEED ONE THOUSAND DOLLARS ($1,000.00). ANY AND ALL CLAIMS FOR RELIEF OR REMEDIES OF ANY KIND UNDER THIS EULA MUST BE BROUGHT WITHIN ONE (1) MONTH FROM THE DATE THE CLAIM AROSE; OTHERWISE ANY AND ALL SUCH CLAIMS FOR RELIEF AND REMEDIES SHALL BE BARRED AND WAIVED FOREVER THEREAFTER.

You acknowledge that you have entered into this EULA after due consideration and in the knowledge that SERAUM OÜ’s liability is limited in accordance with this EULA. Further, the limitations of liability as set forth in this Section "Limitations on Liability" are a material inducement to SERAUM OÜ’s entry of this EULA. If there is a conflict between this Section "Limitations on Liability" and any other term of this EULA, the Section "WARRANTY DISCLAIMER" shall prevail.

Restrictions on Assignment and Transfer

Except as permitted herein, You may not sublicense, assign, or transfer this License or EULA to another party, and any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this EULA shall be null and void and without any legal effect.

Governing Law, Jurisdiction and Venue

This EULA shall be governed, interpreted, construed and enforced in accordance with the laws of Estonia. The parties agree that the sole and exclusive venue and jurisdiction for filing and maintaining any lawsuit or other action or proceeding related to this EULA shall be in the courts sitting in Estonia. Each party, by entering into this EULA, consents and submits itself to the personal jurisdiction of such court. The parties agree that no other jurisdiction shall apply to this EULA.

Export Restrictions

You may not export, ship, transmit or re-export the Software in violation of any applicable law or regulation. Unless in compliance with applicable law and specifically authorized in writing by SERAUM OÜ, You shall not export the Software under any circumstances whatsoever. In any case, You will indemnify and hold SERAUM OÜ harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable attorney’s fees) arising from, or relating to, any breach by You of your obligations under this section.

Severability

In the event that any one or more of the provisions of this EULA are held to be invalid or otherwise unenforceable, the enforceability of the remaining provisions shall be unimpaired and enforced to the full extent permitted by law.

Injunctive Relief

To the extent permitted under applicable law, the parties agree that in the event of a breach by either party of any provision of this EULA, the non-breaching party shall be entitled to seek and obtain injunctive or other equitable relief, or both, in each case without the requirement to post any bond or other form of security, and without such act constituting an election of remedies or disentitling the non-breaching party to each and every remedy available at law or in equity for a breach of this EULA by the other party.

Entire Agreement

Except to the extent governed by an applicable License and amended in writing by the parties, this EULA constitutes the entire agreement between You and SERAUM OÜ related to the Software and supersedes all prior or contemporaneous agreements, proposals, negotiations, representations and communications between You and SERAUM OÜ related to the Software. You acknowledge that You have not been induced to enter into this EULA by any representations or promises not specifically stated herein.

Statutory Exceptions for Public Institutions

If You are a government or public agency, instrumentality or institution, including without limitation a public educational, research or medical institution or body, and any terms in this EULA are invalid or unenforceable against You because of applicable law, then those terms will be deemed excluded and unenforceable (as the case may be), and instead construed in a manner most consistent with applicable governing law. In addition, if the applicable governing law for this EULA set forth in Section "Governing Law, Jurisdiction and Venue" is precluded for You under applicable law, then this EULA will be governed and construed under the laws of the country, state, province or other jurisdiction in which your primary office is located. If You have questions concerning this EULA, please contact SERAUM OÜ for clarification at license@seraum.com.

Confidentiality

If you receive any of information or materials from SERAUM OÜ, which are either marked confidential, otherwise identified as confidential or otherwise clearly confidential in nature (“Confidential Information”), you will not use such Confidential Information except as required to use the Software and will not disclose it to anyone else.

Questions

You may email SERAUM OÜ at license@seraum.com with any questions you may have regarding this EULA.