TOBII CORE SOFTWARE END-USER LICENSE AGREEMENT (LIMITED USE)
Tobii AB (reg. No. 556613-9654), having its registered office at Karlsrovägen 2D, SE-182 53, Danderyd, Sweden (“Tobii“), grants you, the licensee, the right to use the Tobii Core software, including Tobii Interaction & Config, Tobii Aware, Tobii EyeCore™, Tobii Service, Tobii Eye Tracking Tray, Tobii Interaction Settings UI, Tobii Face Authentication for Windows Hello and any other Tobii software contained in your Tobii device (the “Device”) on the following terms and conditions. You agree that these terms and conditions will apply to your use of the Tobii Core software, including any copy thereof (but without prejudice to clause 2.3 below). In this Agreement, the term “Software” means Tobii Core software, including Tobii Interaction & Config, Tobii Aware, Tobii EyeCore™, Tobii Service, Tobii Eye Tracking Tray, Tobii Interaction Settings UI, Tobii Face Authentication for Windows Hello and any other Tobii software contained in your Tobii device (jointly the “Programs“), and related documents (the “Documentation“) supplied in this package or download.
BEFORE USING ANY SOFTWARE FROM TOBII, PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCEPTING THIS AGREEMENT OR USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. You may only enter into this agreement and use the Software if you are legally permitted to enter into a binding contract with Tobii and are not legally prohibited from using the Software.
You do not own the copyright or other intellectual property rights in the Software or in any proprietary information that the Software may contain. Your rights to use the Software are strictly as specified in this Agreement. Tobii retains all rights in and in relation to the Software not expressly granted to you in this Agreement.
2. HOW YOU ARE PERMITTED TO USE THE SOFTWARE
2.1 Subject to the terms and conditions in this Agreement, you are granted a limited nonexclusive license to use one copy of the Software on a single computer for use only with a Device or any other device authorized by Tobii.
2.2 If you are an individual, the license granted in this Agreement is for your benefit only. If you are a company or other legal entity, the license granted in this Agreement is for the benefit only of that company’s or legal entity’s employees and authorized agents. Any person who does not have the benefit of this license in accordance with this Agreement is not permitted to use the Software (or any part of it).
2.3 You may not:
2.3.1 transfer, assign or otherwise dispose of the license granted to you under this Agreement to any person; or
2.3.2 rent, lend or lease the Software to any person.
2.4 You may not disassemble, decompile, or reverse engineer any parts of the Software and/or the Programs by any means; nor permit or assist any party to derive or attempt to derive the source code of, disassemble, decrypt, decompile or reverse engineer the Software and/or the Programs; nor take any other steps in order to derive design information regarding the Software and/or the Programs, except to the extent required under compulsory law; provided, however in which event you shall provide Tobii with detailed information regarding any such activity.
2.5 You agree to keep the Software and all copies thereof, under your control and to reproduce Tobii’s copyright notice on each copy of the Software. You may not publish or make any copy of the Software (or any part of it) available to any other person (except as permitted in Section 2.2 if you are a company or legal entity).
3. USAGE DATA TO ENHANCE USER EXPERIENCE
The Software may report anonymous usage statistics to Tobii’s servers in order to identify any problem that may affect the technical stability and/or overall quality of the application, as well as which of the program components have been in use. This data is used by Tobii to target the most relevant components for quality improvements in future updates. If you do not opt out as described later in this section, such data will be transmitted securely, and recorded and stored anonymously to be identifiable only by random tokens. Examples of the types of anonymous usage data we collect include (i) Software usage (e.g., feature usage), (ii) data from interactions with third party applications (e.g., gaze interaction on the desktop), (iii) general system-related information (e.g., CPU, memory), (iv) data from online license- and update checks, and (v) basic system error reporting.
By accepting this End-User License Agreement you also consent to Tobii’s processing of your usage data in accordance with the above; provided, however, that at any time you may retract your consent in the “Settings”.
On occasion you may expressly join special programs related to the Software (e.g., by enrolling in an insider, beta or early access program) which may have different policies for communication and/or collection of usage statistics. In that case you will be notified of such different terms.
4. NO HIGH RISK OR MEDICAL USE
4.1 The Software and/or the Programs are not fault-tolerant. Accordingly, the Software and/or the Programs are not designed or intended for use in any environment where failure or fault of any kind could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). Accordingly, any High Risk Use of the Software and/or the Programs is strictly prohibited. High Risk Use includes, for example, aircraft navigation and control of other modes of human mass transportation, military applications and control of nuclear or chemical facilities. Any use in violation of the foregoing is entirely at your own risk and anyone, including you, that violates the foregoing prohibition will be solely responsible for any and all loss, liability or damages resulting therefrom and Tobii disclaims any such responsibility therefor. Furthermore, the Software and/or the Programs are not designed for nor certified for medical classified environments (“Medical Classified Use”). The Software and/or Programs are prohibited from being used for Medical Classified Use and Tobii disclaims any liability related to such use
5. GOVERNING LAW AND DISPUTE RESOLUTION
5.1 This Agreement is governed by Swedish law. The courts of Sweden shall have exclusive jurisdiction to resolve any dispute, claim or matter arising out of or in connection with this Agreement (a “Dispute”). You agree that the Stockholm District Court (Sweden) is the most appropriate and convenient court to hear and decide any Dispute, and you agree to irrevocably submit to the Stockholm District Court in relation to any Dispute. This clause does not preclude any applicable mandatory rights that you might have to seek legal recourse.
YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT BY INSTALLING THE SOFTWARE AND ANY OTHER SOFTWARE CONTAINED IN YOUR DEVICE YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU AGREE THAT THIS AGREEMENT AND ANY OTHER DOCUMENT REFERRED TO HEREIN IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITY EACH OF YOU AND TOBII HAS IN RELATION TO THE SOFTWARE AND ANY OTHER TOBII SOFTWARE CONTAINED IN YOUR DEVICE. THIS AGREEMENT SUPERSEDES ALL PRIOR COMMUNICATIONS, STATEMENTS IN MARKETING, ANY PURCHASE ORDER OR REPRESENTATIONS (BOTH ORAL AND WRITTEN) OR ANY OTHER COMMUNICATION BETWEEN TOBII AND YOU CONCERNING THE SOFTWARE OR THE DEVICE.