Developer kit Licence Agreement
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
Herein, "The MDK" is taken to mean all materials that may be supplied as part of or in association with the MIRO Developer Kit (MDK) software package and the MIRO robot itself, including all software installed on a MIRO robot at the time of supply to the end user, and any additional software (such as software updates) supplied to the end user in connection with their use of the MIRO robot or the MDK software package, as well as any other products and services supplied to the user in association with their use of any of the aforementioned products.
By receiving, opening, and/or using any part of "The MDK", you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by Consequential Robotics your use of "The MDK" indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Consequential Robotics grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use "The MDK" in accordance with this Agreement and any other written agreement with Consequential Robotics. Consequential Robotics does not transfer the title of "The MDK" to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Consequential Robotics and the purchasers or users of "The MDK".
If you do not agree to be bound by this agreement, remove "The MDK" from your computer now and, if applicable, promptly return to Consequential Robotics by mail any copies of "The MDK" and related documentation and packaging in your possession.
"The MDK" and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of "The MDK" contact Consequential Robotics.
3. USER AGREEMENT
Your license to use "The MDK" is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of "The MDK".
The MIRO robot is a research tool designed solely for use in professional establishments for the purposes of research and development; it is not a finished consumer product. Furthermore, it is not certified for sale as a consumer product (for example, the MIRO robot does not carry European CE marking which would indicate compliance with essential Health & Safety regulations that apply in that jurisdiction). Use of the MIRO robot may, therefore, pose hazards that would not be expected during the use of certified consumer equipment. Before any use of the MIRO robot you should, accordingly, perform your own risk assessment.
3.3 Use Restrictions
You shall use "The MDK" in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of "The MDK" together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.
Each licensed copy of "The MDK" may be used on one single computer location by one user. Use of "The MDK" means that you have loaded, installed, or run "The MDK" on a computer or similar device. If you install "The MDK" onto a multi-user platform, server or network, each and every individual user of "The MDK" must be licensed separately.
You may make one copy of "The MDK" for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of "The MDK". The assignment, sublicense, networking, sale, or distribution of copies of "The MDK" are strictly forbidden without the prior written consent of Consequential Robotics. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of "The MDK". If any person other than yourself uses "The MDK" registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!
3.4 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile "The MDK". Nor can you create any derivative works or other works that are based upon or derived from "The MDK" in whole or in part.
Consequential Robotics's name, logo and graphics file that represents "The MDK" shall not be used in any way to promote products developed with "The MDK". Consequential Robotics retains sole and exclusive ownership of all right, title and interest in and to "The MDK" and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of "The MDK", products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Consequential Robotics.
3.5 Limitation of Responsibility
You will indemnify, hold harmless, and defend Consequential Robotics, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Consequential Robotics's Software.
In no event (including, without limitation, in the event of negligence) will Consequential Robotics, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, "The MDK" or the use or inability to use "The MDK" or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Consequential Robotics's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Consequential Robotics ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Consequential Robotics.
Except as expressly stated in writing, Consequential Robotics makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.7 Governing Law
This Agreement shall be governed by the law of the United Kingdom applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United Kingdom therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.8 Commercial Use
"The MDK" is not for commercial use: the use of "The MDK", or any parts of "The MDK" (hardware or software), in a commercial product is not permitted.
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of "The MDK" and destroy all copies of "The MDK" supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.
4. DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
5. CONSENT OF USE OF DATA
You agree that Consequential Robotics may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to "The MDK". Consequential Robotics may also use this information to provide notices to you which may be of use or interest to you.