End User License Agreement
This end user license agreement (“EULA”) governs the use of Renku Language Detection Engine, Sonnet Tokenization Engine, Prose Sentence Extraction Engine, and Idyl E3 Entity Extraction Engine software (collectively known as “NLP Building Blocks”), and any related updates, source code, appearance, structure and organization (the “Programs”), regardless of the delivery mechanism.
1. License Grant. Subject to the following terms, Mountain Fog, Inc. (“Mountain Fog”) grants to you a perpetual, worldwide license to the Programs (most of which include multiple software components) pursuant to the Apache License v.2.0 (http://www.apache.org/licenses/LICENSE-2.0.html). The license agreement for each software component is located in the software component’s source code and permits you to run, copy, modify, and redistribute the software component (subject to certain obligations in some cases), both in source code and binary code forms. This EULA pertains solely to the Programs and does not limit your rights under, or grant you rights that supersede, the license terms of any particular component.
2. Intellectual Property Rights. The Programs and each of their components are owned by Mountain Fog and other licensors and are protected under copyright law and under other laws as applicable. Title to the Programs and any component, or to any copy, modification, or merged portion shall remain with Mountain Fog and other licensors, subject to the applicable license. The “Mountain Fog” trademarks are registered trademarks of Mountain Fog in the U.S. and other countries. This EULA does not permit you to distribute the Programs or their components using Mountain Fog’s trademarks,
regardless of whether the copy has been modified. You may make a commercial redistribution of the Programs only if (a) permitted under a separate written agreement with Mountain Fog authorizing such commercial redistribution, or (b) you remove and replace all occurrences of Mountain Fog trademarks. Modifications to the software may corrupt the Programs. You should read the information found at https://www.mtnfog.com/about/ before distributing a copy of the Programs.
3. Limited Warranty. Except as specifically stated in this Section 3, a separate agreement with Mountain Fog, or a license for a particular component, to the maximum extent permitted under applicable law, the Programs and the components are provided and licensed “as is” without warranty of any kind, expressed or implied, including the implied warranties of merchantability, non-infringement or fitness for a particular purpose. Mountain Fog warrants that the media on which the Programs and the components are provided will be free from defects in materials and manufacture under normal use for
a period of 30 days from the date of delivery to you. Neither Mountain Fog nor its affiliates warrants that the functions contained in the Programs will meet your requirements or that the operation of the Programs will be entirely error free, appear or perform precisely as described in the accompanying documentation, or comply with regulatory requirements. This warranty extends only to the party that purchases subscription services for the Programs from Mountain Fog and/or its affiliates or a Mountain Fog authorized distributor.
4. Limitation of Remedies and Liability. To the maximum extent permitted by applicable law, your exclusive remedy under this EULA is to return any defective media within 30 days of delivery along with a copy of your payment receipt and Mountain Fog, at its option, will replace it or refund the money you paid for the media. To the maximum extent permitted under applicable law, under no circumstances will Mountain Fog, its affiliates, any Mountain Fog authorized distributor, or the licensor of any component provided to you under this EULA be liable to you for any incidental or consequential damages,
including lost profits or lost savings arising out of the use or inability to use the Programs or any component, even if Mountain Fog, its affiliates, an authorized distributor and/or licensor has been advised of the possibility of such damages. In no event shall Mountain Fog’s or its affiliates’ liability, an authorized distributor’s liability or the liability of the licensor of a component provided to you under this EULA exceed the amount that you paid to Mountain Fog for the media under this EULA.
5. Export Control. As required by the laws of the United States and other countries, you represent and warrant that you: (a) understand that the Programs and their components may be subject to export controls under the U.S. Commerce Department’s Export Administration Regulations (“EAR”); (b) are not located in a prohibited destination country under the EAR or U.S. sanctions regulations; (c) will not export, re-export, or transfer the Programs to any prohibited destination or persons or entities on the U.S. Bureau of Industry and Security Denied Parties List or Entity List, or the U.S. Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, or any similar lists maintained by other countries, without the necessary export license(s) or authorizations(s); (d) will not use or transfer the Programs for use in connection with any nuclear, chemical or biological weapons, missile technology, or military end-uses where prohibited by an applicable arms embargo, unless authorized by the relevant government agency by regulation or specific license; (e) understand and agree that if you are in the United States and exports or transfers the Programs to eligible end users, you will, to the extent required by EAR Section 740.17(e), submit semi-annual reports to the Commerce Department’s Bureau of Industry and Security, which include the name and address (including country) of each transferee; and (f) understand that countries including the United States may restrict the import, use, or export of encryption products (which may include the Programs and the components) and agree that you shall be solely responsible for compliance with any such import, use, or export restrictions.
6. General. If any provision of this EULA is held to be unenforceable, the enforceability of the remaining provisions shall not be affected. Any claim, controversy or dispute arising under or relating to this EULA shall be governed by the laws of the State of West Virginia and of the United States, without regard to any conflict of laws provisions. The rights and obligations of the parties to this EULA shall not be governed by the United Nations Convention on the International Sale of Goods.
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