End-User License Agreement (EULA) of Salient Software Development Kit (SDK)
This End-User License Agreement ("EULA") is a legal agreement between you and Salient Predictions, Inc (“Salient”).
This EULA governs your acquisition and use of our Salient SDK software ("Software") directly from Salient or indirectly through a Salient authorized reseller or distributor (a "Reseller").
Please read this EULA carefully before completing the installation process and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers.
If you register for a free trial of the Software, this EULA will also govern that trial. By clicking "accept" or installing and/or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA.
If you are entering into this EULA 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, do not install or use the Software, and do not accept this EULA.
This EULA shall apply only to the Software supplied by Salient herewith regardless of whether other software is referred to or described herein. The terms also apply to any Salient updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
License Grant
Salient hereby grants you a non-transferable, non-exclusive license to use the Software on your devices in accordance with the terms of this EULA. You, your employees and contractors may use this Software for your benefit and the benefit of your affiliates.
You are permitted to load the Software to a device under your control (for example a PC, laptop, mobile or tablet). You are responsible for ensuring your device meets the minimum requirements of the Software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things.
- Reproduce, copy, distribute, or resell the Software.
- Allow any third party to use the Software on behalf of or for the benefit of any third party.
- Use the Software in any way which breaches any applicable local, national or international law.
- Use the Software for any purpose that Salient considers is a breach of this EULA.
Intellectual Property and Ownership
Salient 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 Salient.
Salient reserves the right to grant licenses to use the Software to third parties.
Disclaimer of Warranty
The Software is provided “as is” and Salient makes no warranties of any kind, whether express, implied, statutory or otherwise, and Salient specifically disclaims all implied warranties, including any warranties of merchantability, non-infringement, fitness for a particular purpose, title or non-infringement, or any implied warranties arising out of the course of dealing or the usage of trade, to the maximum extent permitted by applicable law.
Limitation of liability
In no event shall Salient and its licensors be liable for any damages, of whatever nature, as a result of this Agreement, including but not limited to any direct, indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of revenue, profits, use or other economic advantage) arising out of, or in any way connected with this EULA, even if salient or its licensors have been previously advised of the possibility of such damages.
Termination
This EULA 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 Salient Predictions.
It will also terminate immediately if you fail to comply with any term of this EULA. Upon such termination, the licenses granted by this EULA 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.
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 the Commonwealth of Massachusetts.