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EULA.txt
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EULA.txt
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ONEIROCOM | END USER LICENSE AGREEMENT
Last Updated: June 12, 2023
This End User License Agreement (the “EULA”) is between you, as an individual or entity (“you”, “your” or “user”) and ONEIROCOM SYSTEMS INC. (“Oneirocom”, “us”, “we” or “our”). This EULA is incorporated by reference into our Terms of Use, currently available at [website link] (the “Terms”). Any capitalized terms used but not defined herein will have the meaning set out in the Terms.
By accessing and downloading our code package (the “Software”), you agree to be bound by the terms and conditions of this EULA. If you do not accept this EULA, do not use the Software and delete it. You agree that your access and download of the Software signifies that you have read, understood, and agree to be bound by this EULA.
Overview
The Software consists of a downloadable code package for a base artificial intelligence agent with decision-making functionality, and development tools for artificial intelligence agents.
License
License Grant. Subject to the terms and conditions of this EULA and the Terms, Oneirocom hereby grants to you a non-exclusive and non-transferrable license to download, install, use, modify, improve, make derivative works of, distribute, and display the Software, including all enhancements, modifications and updates of the Software as we may make available to you through our website from time to time (the “License”).
Opens Source Materials. The Software incorporates Apache licensed components, and you agree that you (i) accept such components subject to the Apache 2.0 license, and (ii) will comply with the terms and conditions of the Apache 2.0 license.
Proprietary Rights
As between you and Oneirocom: (a) Oneirocom owns the Software; and (b) you will own all works and materials that are conceived, made, discovered, written or created by you through your use of the License. Except for the rights granted in this EULA and the Terms, no other rights are granted by Oneirocom, whether express or implied.
Assumption of Risk and Liability
YOU AGREE THAT YOU ASSUME FULL AND COMPLETE RISK AND RESPONSIBILITY FOR ANY LOSS, DAMAGE, CLAIMS, COSTS, EXPENSES AND LIABILITIES ARISING FROM THE SOFTWARE AND YOUR USE THEREOF, WHETHER KNOWN OR UNKNOWN, AND YOU AGREE TO HOLD ONEIROCOM HARMLESS FROM SAME.
Disclaimer
ONEIROCOM HEREBY DISCLAIMS ANY AND ALL GUARANTEES, REPRESENTATIONS, CONDITIONS AND WARRANTIES REGARDING THE SOFTWARE, WHETHER IMPLIED OR STATUTORY, ORAL OR OTHERWISE, ARISING UNDER ANY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, CONDITIONS AND WARRANTIES WITH RESPECT TO VALIDITY, ACCURACY, NON-INTERRUPTION, ERROR-FREE OPERATION, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE IS PROVIDED “AS-IS” AND “AS-AVAILABLE”. THIS SECTION WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Liability Limitation
YOU AGREE THAT IN NO EVENT WILL ONEIROCOM HAVE ANY LIABILITY TO YOU FOR ANY INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS, LOST OPPORTUNITY COSTS OR OTHER SIMILAR PECUNIARY LOSS), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
FOR CERTAINTY, YOU AGREE THAT, IN ANY EVENT, ONEIROCOM’S AGGREGATE LIABILITY TO YOU IN RELATION TO THE SOFTWARE, THE ONEIROCOM WEBSITE, AND ALL OTHER ONEIROCOM PRODUCTS AND SERVICES OFFERED THROUGH OUR WEBSITE IS SUBJECT TO THE CAP SET OUT IN THE TERMS.
THIS SECTION WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnity
You agree to defend, indemnify and hold harmless the Oneirocom and its officers, directors and employees against and from any and all claims, demands, actions, causes of action, damage, loss, suits, proceedings, costs, liabilities, expenses and charges as a result of or in connection with your use of the Software or any other matter relating to the Software.
General
Nothing in this EULA limits the application of any provision of the Terms. We may modify or update this EULA from time to time in our sole discretion, so please review it periodically. Unless otherwise indicated, any changes to this EULA will apply immediately upon posting to our website. Your continued use of the Services after any changes to the EULA will be conclusively deemed as your acceptance of the EULA as amended.