Seekware™ SDK End User License Agreement

"ACCEPT" or "DECLINE" at bottom of Agreement.


This Seek Thermal Maker SDK License Agreement (“Agreement”) is a legally binding agreement between you and Seek Thermal, Inc.  Seek Thermal is the owner and licensor of the thermal imaging camera software development platform, including, without limitation, software programs, software tools, example apps, sample source code, app templates, binary libraries, APIs, data, documentation, and other materials provided to you (collectively, the “SDK”).  The SDK contains, in binary form, software libraries that embody and otherwise consist of thermal imaging camera platform software that is licensed and distributed by Seek Thermal in connection with Seek Thermal’s thermal imaging camera platform hardware (the “Platform Software”).  Both the SDK and the Platform Software will be collectively referred to in this Agreement as the “Software.”

 

This Agreement describes the rights and restrictions that you have to access, possess, modify and use the Software.  You are prohibited from downloading, possessing, using, coping and transferring the Software unless you agree to be bound by this Agreement, you are bound by this Agreement, and you waive any objections to the enforceability of this Agreement.  Unless expressly permitted as described by this Agreement, your rights to the Software and your uses of the Software are restricted, as all rights in and to the Software not specifically conveyed to you by this Agreement are reserved by Seek Thermal.  This Agreement will be applicable to all updates, revisions, subsequent releases and upgrades to the Software, except when such updates, revisions, subsequent releases and upgrades require you to enter into a new license agreement that supersedes this Agreement.

 

Ownership of Software.  The Software is the sole and exclusive property of Seek Thermal and its licensors.  Seek Thermal and its licensors retain all rights, title and interest in and to the Software, including without limitation, any and all modifications, updates, and derivative works of the Software and all associated intellectual property rights embodied by or otherwise incorporated into the Software.  Except as expressly granted to you by this Agreement, Seek Thermal does not grant you any right, title or interest in or to the Software.  Seek Thermal reserves the sole and exclusive right, at Seek Thermal’s discretion, to assert claims against third parties for theft, infringement or misappropriation of the Software and the intellectual property rights in the Software.

 

Limited License.  Subject to the restrictions defined in this Agreement, Seek Thermal and/or any applicable third party licensors (collectively referred to as Seek Thermal) grant to you a personal, non-exclusive, non-transferable license to use the SDK on a single central processing unit.  You may make one copy of the SDK for backup and archival purposes.

 

Commercial License Requirement.  Subject to the restrictions defined in this Agreement, you are permitted to download, retain and use the Software to develop a ported and verified version of the Platform Software, in object code form only (“Licensable Software”), solely for the purpose of integrating Licensable Software into your commercial product.  This Agreement does not convey or otherwise permit you to manufacture, distribute, import, sale or offer for sale the Software or any device or product containing the Licensable Software, in whole or in part.  Your manufacture, distribution, importation, sale and offer for sale of any device or product containing, Licensable Software, any software designed or developed using the Software, or any incomplete portion of any of the foregoing, will require you to obtain a license from Seek Thermal that Seek Thermal may grant, subject to Seek Thermal’s requirements, and in Seek Thermal’s sole discretion.

 

Restrictions.  The restrictions in this Agreement are for the benefit of any party that holds title to any part of the SDK.  You will not, or assist or direct any third person to: (i) take any action to jeopardize, limit or interfere, in any manner, with Seek Thermal’s or its licensors’ ownership of the Software; (ii) delete, remove or otherwise alter any copyright, trademark, confidentiality or other proprietary notice appearing in the Software; (iii) disassemble, decompile, reverse engineer or otherwise convert any software in object code form to source code form or a human-perceivable form; (iv) distribute, encumber, lease, rent, sell, transmit, transfer, or otherwise dispose of the Software or any incomplete portion of the Software; (v) use the Software with any other product other than a Seek Thermal’s products, components and technology; (vi) use the Software for any purpose except as expressly provided by this Agreement; or (vii) use the Software in association with any military or automotive technology.

 

Protective Measures.  You represent and warrant to Seek Thermal that you will use commercially reasonable technical measures to prevent and limit access to the Software on your computer and your backup location.  You shall be responsible for, and shall indemnify and hold Seek Thermal harmless from all claims, suits, proceedings, losses, liabilities, damages, costs and expenses (inclusive of Seek Thermal’s reasonable attorneys’ fees) made against or incurred by Seek Thermal as a result of any act or omission by you relating to or arising from your use of the Software.  You will treat the Software with the highest standard of care to protect the Software from unauthorized access, use, copying and transfer.

 

Restrictions Against Transfer and Assignment.  This Agreement and the rights you receive to the Software pursuant to this Agreement are non-transferable and non-assignable.  Any attempted assignment of this Agreement is a breach of this Agreement, deemed null and void, and immediately terminates all of your rights in and to the Software.  Under no circumstances are you permitted, both directly and indirectly through any third party, to distribute, encumber, lease, rent, sell, transmit or otherwise transfer the Software to any third party.

 

Personal Information.  You authorize Seek Thermal to collect, maintain and use technical data, including but not limited to technical information about your use of the Software, including, without limitation: (i) the IP address of the device upon which you download the Software; (ii) the IP address of any device that you possess, store or use the Software; (iii) the portions of the Software you access; and (iv) the modifications you make to the Software.  Seek Thermal will use this technical data to determine whether your use of the Software is in compliance with your obligations of this Agreement, and Seek Thermal may cooperate with and disclose your personal information to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the Software.

 

Export Restrictions.  The Software is subject to U.S. export control laws, and if modified to alter performance, potentially, the International Traffic in Arms Regulations (22 CFR §§120-130).  You are prohibited from transferring the Software to any third party, including, without limitation, any third party in any country subject to U.S. government sanction or restriction, and any third party that you know or you have reason to know is identified on any U.S. government restricted or denied parties list.  You are prohibited from exporting or re-exporting the Software to any country subject to U.S. government sanction or restriction, and you agree to obtain any licenses that may be required prior to your export or re-export of the Software.

 

DISCLAIMER OF WARRANTIES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEEK THERMAL PROVIDES THE SOFTWARE “AS IS” AND WITHOUT WARRANTY.  SEEK THERMAL DISCLAIMS ALL COMMON LAW AND STATUTORY WARRANTIES AS TO THE CONDITION, QUALITY, FITNESS, MAINTENANCE AND USE OF THE SOFTWARE, INCLUDING AND WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

 

LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEEK THERMAL, INCLUDING ITS LICENSORS, AFFILIATES, EQUITY HOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, REMOTE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING AND WITHOUT LIMITATION, COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT SOFTWARE, LOSS OF INFORMATION, DATA OR CONTENT, LOSS OF REVENUE OR PROFITS OR ATTORNEYS’ FEES, ARISING FROM OR CAUSED BY, DIRECTLY OR INDIRECTLY, THE USE OF OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AT LAW OR IN EQUITY, EVEN IF SEEK THERMAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION SHALL BE EFFECTIVE EVEN IF ANY REMEDY IN THIS AGREEMENT OR OTHERWISE PROVIDED BY SEEK THERMAL FAILS OF ITS ESSENTIAL PURPOSE.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEEK THERMAL’S TOTAL AND AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT OR ARISING FROM THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AT LAW OR IN EQUITY, EXCEED $1,000.

 

Term and Termination.  The restrictions and obligations imposed upon you by this Agreement will remain enforceable against you for so long as you retain or otherwise possess the Software.  This Agreement will immediately terminate if you fail to comply with the terms of this Agreement.  In the event of this Agreement’s termination, your rights to use the Software will automatically and immediately terminate, with or without notice, in which case you will immediately stop all use of the Software, and you agree to destroy the original copy of the Software and all whole or partial copies of the Software in your possession and so certify in writing to Seek Thermal.

 

Irreparable Harm.  Your breach or threatened breach of any provision of this Agreement will cause irreparable harm to Seek Thermal for which a remedy at law would be inadequate.  Seek Thermal is entitled to seek all available remedies at law and in equity, including injunctive relief, to enforce any provision of this Agreement and to restrain you from adapting, disclosing, distributing, modifying, publishing, transferring, using or otherwise disposing of the Software, in whole or in part, directly or indirectly, in breach of this Agreement in any court having jurisdiction over you without any requirement to satisfy a bond requirement.  This paragraph does not limit or waive Seek Thermal’s right to seek other damages against you, including without limitation, money damages.

 

U.S. Government Restricted Rights.  Use, duplication and disclosure by the U.S. Government is subject to restrictions set forth in this Agreement.

 

Governing Law.  This Agreement shall be governed by and construed in accordance with the substantive laws of the state of California, excluding all applicable laws pertaining to conflicts of law and the United Nations Convention on Contracts for the International Sale of Goods.

 

Entire Agreement.  This Agreement is the complete and final agreement between you and Seek Thermal with respect to the subject matter of this Agreement.  To the extent that any terms of any Seek Thermal policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control.

 

Severability.  If any court or other tribunal of competent jurisdiction finds or holds any provision of this Agreement to be void, invalid, illegal or otherwise unenforceable the remaining provisions of this Agreement will remain in full force and effect.

 

Notice and Contact Information.  For questions or concerns, please email us or contact us at:  Seek Thermal, Inc. 111 Castilian Drive Santa Barbara, CA 93117 U.S.A. or support@ thermal.com.

 

Third Party License and Attribution Requirements:  The Software contains the following items received from third parties, and your use of the Software is subject to these terms as required by these third parties:

 

Android Operating System is a copyright work of Google Inc.

 

Android NDK, Android SDK, Android Support Library, Copyright (c) 2011 - 2014 Google Inc.  Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.  You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0  Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.  See the License for the specific language governing permissions and limitations under the License.

 

Apple iOS is a copyrighted work of Apple Inc.

 

GPUImage  Copyright (c) 2012, Brad Larson, Ben Cochran, Hugues Lismonde, Keitaroh Kobayashi, Alaric Cole, Matthew Clark, Jacob Gundersen, Chris Williams.  All rights reserved.  Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:  Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.  Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.  Neither the name of the GPUImage framework nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.  THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

NSMutableDictionary+ImageMetadata Copyright (C) 2011 by Gustavo Pelosi Ambrozio 

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:  The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.  THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.