END-USER LICENSE AGREEMENT ------------------------------------------------------------------------------ IMPORTANT: THIS SOFTWARE END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT (“Agreement”) BETWEEN YOU (THE CUSTOMER, EITHER AS AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AS AN ENTITY) AND TINYPILOT, LLC (“TINYPILOT”). READ IT CAREFULLY BEFORE USING TINYPILOT PRO AND RELATED SOFTWARE COMPONENTS (“SOFTWARE”). IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE AND SHOULD REQUEST A REFUND FROM YOUR VENDOR. ------------------------------------------------------------------------------ 1. License Grant 1.1 General Use. This Agreement grants you a non-exclusive, non-transferable, perpetual (except as provided in Section 6.2) limited license to use the Software for your own business purposes (which includes a limited distribution right per Section 3.1) and to modify the Software (per Section 2.1), without the right to grant sublicenses (except as to portions properly distributed per Section 3.1), subject to the terms and conditions in this Agreement (the “License”). The Software is licensed, not sold. 1.2 Devices. When you acquire the Software, you purchase a specified number of licenses, and purchased support for a specified term. You may only use the Software on one device per paid license. 1.3 Archive Copies. You are entitled to make copies of the Software for archival or backup purposes only. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software and may only be used in accordance with the terms hereof. 1.4 Third-Party Code. The Software includes third-party open-source libraries and executables that are made available under the terms of their own licenses (“Third-Party Code”). The License terms set forth in this Agreement apply only to TinyPilot’s Software and not to any Third-Party Code. By using the TinyPilot Software, you acknowledge that you must comply with the terms of all licenses applicable to the Third-Party Code, and agree to hold Tiny Pilot harmless for your failure to do so. To learn more about these licenses and their terms, please review the system System > About dialog in the TinyPilot Pro web application. 1.5 AVC Patent License. This product is licensed under the AVC patent portfolio license. Such license extends to this product only and only to the extent of other notices which may be included herein. The license does not extend to any other product regardless of whether such product is included with this licensed product in a single article. Additional information may be optained from MPEG LA, LLC. See http://www.mpegla.com 2. Modifications; Data Collection. 2.1 Modification. TinyPilot shall provide you with source code so that you can create Modifications of the original Software. “Modification” means: (a) any addition to or deletion from the contents of a file included in the original Software or previous Modifications created by You, or (b) any new file that contains any part of the original Software or previous Modifications. While you retain all rights to any original work authored by you as part of the Modifications, TinyPilot continues to own all copyright and other intellectual property rights in the Software. 2.2 Data Collection. We collect only limited data about our users. For example, you may voluntarily upload diagnostic data to our servers; in addition, when you check for updates, the Software sends version information about your device, your operating system, and your Software version to servers that TinyPilot controls. All such data remains your property. For more information about our data collection practices, view our Privacy Policy (https://tinypilotkvm.com/privacy-policy) or email privacy@tinypilotkvm.com. 3. Restricted Uses. 3.1 The License does not include the rights to, and you shall not (and shall not allow any third party to): (a) distribute, sell, sublicense, rent, lease or use the Software for time-sharing, hosting, service provider or like purposes, except as expressly permitted under this Agreement; (b) redistribute the Software or Modifications other than by including the Software or a portion thereof within your own product, which must have substantially different functionality than the Software or Modifications and must not allow any third party to use the Software or Modifications, or any portions thereof, for software development or application development purposes; (c) redistribute the Software on any other device which is not directly under your control; (d) remove any copyright or other notices contained in the Software; (e) modify the Software to gain access to features or updates beyond the license level that you purchased or beyond the term for which you purchased a license. 3.2 UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE AS PART OF A PRODUCT OR SERVICE THAT PROVIDES SIMILAR FUNCTIONALITY TO THE SOFTWARE ITSELF OR THAT OTHERWISE COMPETES WITH THE SOFTWARE. The Open Source version of the Software ("TinyPilot Community Edition") is licensed under the terms of the MIT License and not under this EULA. 4. Ownership. Notwithstanding anything to the contrary contained herein, except for the limited License rights expressly provided herein, TinyPilot and its suppliers have and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, and other applicable intellectual property rights) in and to the Software and all copies, modifications and derivative works thereof (including any changes which incorporate any of your ideas, feedback or suggestions). You acknowledge that you are obtaining only the limited License to the Software expressly granted hereunder, and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder no ownership rights are being conveyed to you under this Agreement, the License or otherwise. 5. Support, Maintenance and Services. TinyPilot offers customer support for this Software on a best-effort basis. TinyPilot's support channels are listed at https://tinypilotkvm.com/contact. 6. Term of Agreement. 6.1 Expiration. When you acquired this License, you were granted License rights for a specified term. Upon the expiration of that term, you may continue to use the Software in accordance with this Agreement (except as provided in Section 6.2), but (a) all Software updates and services pursuant to the License shall cease, (b) you may only continue to run existing installations of the Software, (c) you may not install the Software on any additional hosts (i.e., one device per License at all times). 6.2 Termination. We may terminate your License (and all rights to use, modify or distribute the Software) if you breach any term or condition of this Agreement and fail to correct the breach within 5 days of notice, the License will automatically terminate and you will have no further right to modify, distribute or otherwise use the Software. You may also terminate your License at any time by ceasing access and use of the Software, deleting and destroying all copies (or returning them to TinyPilot) and notifying TinyPilot of the termination. No refunds are given on termination. 7. Disclaimer of Warranties. THE SOFTWARE IS PROVIDED "AS-IS," WITH ALL FAULTS, DEFECTS AND ERRORS, AND TINYPILOT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, ARISING BY LAW OR OTHERWISE, REGARDING THE SOFTWARE, ITS CONTENT AND THEIR RESPECTIVE PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and without any warranty that the Software will be free of bugs, errors, viruses or other defects. 8. Limitation of Liability. In no event will TinyPilot be liable for any indirect, consequential, incidental, special, exemplary, or punitive damages or liabilities whatsoever arising from or relating to the Software, the Software content or this Agreement, whether based on contract, tort (including negligence), strict liability or other theory, even if TinyPilot has been advised of the possibility of such damages. In no event will TinyPilot's liability exceed the Software license price as indicated in your receipt or invoice. The existence of more than one claim will not enlarge or extend this limit. 9. Remedies. Your exclusive remedy and TinyPilot's entire liability for breach of this Agreement shall be limited, at TinyPilot's sole and exclusive discretion, to (a) replacement of any defective Software or documentation; or (b) refund of the license fee paid to TinyPilot in accordance with TinyPilot's refund policy. 10. Miscellaneous 10.1 Entire Agreement. This Agreement sets forth our entire agreement with respect to the Software and the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements whether written or oral. 10.2 Assignment. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of TinyPilot. 10.3 Export Compliance. You agree to comply with all applicable laws and regulations, including laws, regulations, orders or other restrictions on export, re-export or redistribution of software. 10.4 U.S. Government Restricted Rights. The Software and any accompanying manuals are "commercial items" (as defined in 48 C.F.R. 2.101) that were developed at private expense, are not in the public domain, and are provided to any agency, contractor or subcontractor of the U.S. Government (at any tier) subject to the maximum restrictions on use permitted by FAR 52.227-19 for civilian agencies and DFARS 227.7202-3(a) (Jan. 1, 2000) for military agencies, or successor regulations. Thus, to the maximum extent permitted by law the U.S. Government and any intermediate buyers obtain only those rights specified herein. Contractor/manufacturer TinyPilot, LLC 5335 Robinhood Village Dr, #107, Winston-Salem, NC 27106. 10.5 Indemnification. You agree to defend, indemnify, and hold harmless TinyPilot and its officers, directors, employees and representatives from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of your use of the Software or breach of this Agreement. 10.6 Governing Law. This Agreement is governed by the laws of the Commonwealth of Massachusetts and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transactions Act, as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction. The exclusive jurisdiction and venue for actions to enforce any right or remedy hereof or otherwise related to the subject matter hereof shall be the Massachusetts and United States federal courts located in Massachusetts, and both parties hereby submit to the personal jurisdiction of such courts. TinyPilot may bring suit in other jurisdictions to remedy any infringement or misuse of the Software or violation of the License terms. 10.7 Attorneys' Fees and Costs. The prevailing party in any action to enforce this Agreement will be entitled to recover its reasonable attorneys' fees and costs in connection with such action. 10.8 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect. 10.9 Waiver. Failure or neglect by either party to enforce at any time any of the provisions of this Agreement shall not be construed or deemed to be a waiver of that party's rights under this Agreement. 10.10 Headings. The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 11. Contact Information. If you have any questions about this EULA, or if you want to contact TinyPilot, LLC for any reason, please direct correspondence to support@tinypilotkvm.com.