SEEK THERMAL CAMERA APPLICATION END-USER LICENSE AGREEMENT
Read and accept EULA to download the Seek IP Utility Tool at the bottom of this agreement.
This Seek Application End-User License Agreement (“Agreement”) is a legally binding agreement between you and Seek Thermal, Inc., (“Seek Thermal”, “we”, us”, “our”) the owner and licensor of the Seek Thermal Camera Software Application, the firmware incorporated and otherwise contained on the Seek Thermal Camera and any related downloadable software or SDKs made available by Seek Thermal (collectively, the “Software”). This Agreement describes the rights and restrictions that you have to use and enjoy the Software.
By clicking on the “Accept and download” button below or by downloading, installing or using the Software, you have indicated that you understand this Agreement and accept all of its terms. You are prohibited from downloading, possessing, using, copying and transferring the Software unless you agree to be bound by this Agreement, and only to the extent permitted by 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 allowed 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 end-user license agreement that supersedes this Agreement.
Changes to this Agreement. We may update this Agreement from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Agreement on our website at www.thermal.com/ip-tool and/or may also send other communications. It’s important that you review this Agreement whenever we update it or you use the Software. If you continue to use the Software after we have posted the updated Agreement it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Software anymore. Because our products and services are evolving over time we may change or discontinue supporting all or any part of the Software, at any time and without notice, at our sole discretion.
Ownership of Software. The Software is Seek Thermal’s proprietary software and software obtained from Seek Thermal’s third party licensors. 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 hereunder, 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 its 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, you are permitted to download, retain and use the Software in accordance with its instructions for your personal entertainment and enjoyment purposes only.
Your Restrictions. Except as provided by applicable law and the licensing terms of any open source software, and only in accordance with permissions thereof, 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) extract, separate, remove or otherwise copy the Software or any incomplete portion of the Software; (iv) disassemble, decompile, reverse engineer or otherwise convert the Software or any part of the Software to source code or a human-perceivable form; (v) adapt, modify or create a derivative work of the Software or any incomplete portion of the Software; (vi) distribute, encumber, lease, rent, sell, transmit, transfer, or otherwise dispose of the Software or any incomplete portion of the Software; (vii) use the Software with any other product other than a Seek Thermal’s product; (viii) use the Software for any purpose other than for your personal enjoyment and entertainment, and expressly prohibiting your use of the Software for any commercial or professional uses or purposes; or (ix) use the Software while operating any type of motor vehicle, including, without limitation, an automobile, aircraft or boat; and (x) use the Software in association with any firearm, military technology or other dangerous weapon.
Limitation of Your Transfer of the Software. The Software and this Agreement to use the Software are transferable, but only if all of the following conditions are satisfied: (i) you do not retain a copy of the Software; (ii) you transfer the Software as an intact part of a permanent and permissible transfer of the device upon which the Software is installed; and (iii) the transferee agrees to be bound by the terms and conditions of this Agreement. Under no circumstances is any individual permitted to possess or have access to the Software unless such individual has agreed to be bound to this Agreement. Seek Thermal may freely assign or transfer this Agreement without restriction. The terms and conditions of this Agreement will bind and inure to the benefit of such permitted transferees.
Privacy Policy. Please review our Privacy Policy, which also governs your use of the Software, for information on how we collect, use and share your information.
Additional Information Regarding Data Collection. You authorize Seek Thermal to collect and use technical data, including, but not limited to, the device identification number, product model/type, and software version to (i) improve the performance, features and capabilities of the Software and the Seek Thermal peripheral devices; (ii) facilitate the provision of software updates, product support and other services to the Software and the Seek Thermal peripheral devices; (iii) create, develop, operate, deliver, and improve our products, services, content and advertising; and (iv) for internal purposes such as auditing, data analysis, and research to improve Seek Thermal’s products, services, and customer communications.
Feedback. In the event you provide any remarks, comments, suggestions, improvements and/or responses to Seek Thermal, oral and/or written concerning the Software or the associated Seek Thermal peripheral device (collectively, “Feedback”), you hereby irrevocably assign all rights, title and interests in your Feedback to Seek Thermal, without any additional compensation to you required. Upon receipt, Seek Thermal will own your Feedback and may use your Feedback in any way without any restriction, requirement or obligation to you. The rights and obligations defined in this paragraph will survive the termination and/or expiration of this Agreement.
Your Compliance with the Law. You will obey all laws, including, without limitation, all traffic laws and U.S. export laws. This Software, and the associated Seek Thermal peripheral device are subject to U.S. export control laws and regulations. You will not export, re-export, travel outside of the United States with, nor transfer the Software or the associated Seek Thermal peripheral device to any foreign national regardless of their physical location. Additionally, you warrant and represent to Seek Thermal that you are not restricted or otherwise prohibited from receiving or possessing the Software or the associated Seek Thermal peripheral device, or other products and technology similar thereto.
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. NO SEEK THERMAL DEALER, AGENT OR EMPLOYEE IS AUTHORIZED TO CREATE, MODIFY, EXTEND OR OTHERWISE MAKE ANY WARRANTY ON BEHALF OF SEEK THERMAL.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEEK THERMAL, INCLUDING ITS 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 ATTORNEY’S FEES, ARISING FROM OR CAUSED BY, DIRECTLY OR INDIRECTLY, THE SALE OR 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 $100.
Indemnity. You will indemnify and hold Seek Thermal and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your use of the Software or (b) your violation of this Agreement.
Termination. We may suspend or terminate your access to and use of the Software, including suspending or terminating your access to the Software, at our sole discretion, at any time and without notice to you. 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. All provisions of this Agreement which by their nature are intended to continue beyond the termination of this Agreement shall survive and continue after any such termination.
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. 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. The Software constitutes “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Software is being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Software will be only those specified 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. The exclusive jurisdiction for all disputes will be the state and federal courts located in Santa Barbara County, and you and Seek Thermal each waive any objection to jurisdiction and venue in such courts.
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.
Waiver. Seek Thermal’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Seek Thermal.
Notice and Contact Information. For questions or concerns, please email us or contact us at: Seek Thermal, Inc. 6489 Calle Real Goleta, CA 93117 U.S.A. or support@ thermal.com. Any notices or other communications provided by Seek Thermal under this Agreement will be given: (i) via email; (ii) by posting to the website; or (iii) otherwise communicated by Seek Thermal to you. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Copyright Notices, Attributions and Licenses. Some of Seek Thermal’s licensors require the reproduction of certain copyright notices and authorship attribution in Seek Thermal’s documentation. Such notices, attributions and licenses can be found here.
By clicking on the “Accept and download” button below or by downloading, installing or using the Software, you have indicated that you understand this Agreement and accept all of its terms. You are prohibited from downloading, possessing, using, copying and transferring the Software unless you agree to be bound by this Agreement, and only to the extent permitted by 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 allowed 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 end-user license agreement that supersedes this Agreement.
Changes to this Agreement. We may update this Agreement from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Agreement on our website at www.thermal.com/ip-tool and/or may also send other communications. It’s important that you review this Agreement whenever we update it or you use the Software. If you continue to use the Software after we have posted the updated Agreement it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Software anymore. Because our products and services are evolving over time we may change or discontinue supporting all or any part of the Software, at any time and without notice, at our sole discretion.
Ownership of Software. The Software is Seek Thermal’s proprietary software and software obtained from Seek Thermal’s third party licensors. 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 hereunder, 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 its 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, you are permitted to download, retain and use the Software in accordance with its instructions for your personal entertainment and enjoyment purposes only.
Your Restrictions. Except as provided by applicable law and the licensing terms of any open source software, and only in accordance with permissions thereof, 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) extract, separate, remove or otherwise copy the Software or any incomplete portion of the Software; (iv) disassemble, decompile, reverse engineer or otherwise convert the Software or any part of the Software to source code or a human-perceivable form; (v) adapt, modify or create a derivative work of the Software or any incomplete portion of the Software; (vi) distribute, encumber, lease, rent, sell, transmit, transfer, or otherwise dispose of the Software or any incomplete portion of the Software; (vii) use the Software with any other product other than a Seek Thermal’s product; (viii) use the Software for any purpose other than for your personal enjoyment and entertainment, and expressly prohibiting your use of the Software for any commercial or professional uses or purposes; or (ix) use the Software while operating any type of motor vehicle, including, without limitation, an automobile, aircraft or boat; and (x) use the Software in association with any firearm, military technology or other dangerous weapon.
Limitation of Your Transfer of the Software. The Software and this Agreement to use the Software are transferable, but only if all of the following conditions are satisfied: (i) you do not retain a copy of the Software; (ii) you transfer the Software as an intact part of a permanent and permissible transfer of the device upon which the Software is installed; and (iii) the transferee agrees to be bound by the terms and conditions of this Agreement. Under no circumstances is any individual permitted to possess or have access to the Software unless such individual has agreed to be bound to this Agreement. Seek Thermal may freely assign or transfer this Agreement without restriction. The terms and conditions of this Agreement will bind and inure to the benefit of such permitted transferees.
Privacy Policy. Please review our Privacy Policy, which also governs your use of the Software, for information on how we collect, use and share your information.
Additional Information Regarding Data Collection. You authorize Seek Thermal to collect and use technical data, including, but not limited to, the device identification number, product model/type, and software version to (i) improve the performance, features and capabilities of the Software and the Seek Thermal peripheral devices; (ii) facilitate the provision of software updates, product support and other services to the Software and the Seek Thermal peripheral devices; (iii) create, develop, operate, deliver, and improve our products, services, content and advertising; and (iv) for internal purposes such as auditing, data analysis, and research to improve Seek Thermal’s products, services, and customer communications.
Feedback. In the event you provide any remarks, comments, suggestions, improvements and/or responses to Seek Thermal, oral and/or written concerning the Software or the associated Seek Thermal peripheral device (collectively, “Feedback”), you hereby irrevocably assign all rights, title and interests in your Feedback to Seek Thermal, without any additional compensation to you required. Upon receipt, Seek Thermal will own your Feedback and may use your Feedback in any way without any restriction, requirement or obligation to you. The rights and obligations defined in this paragraph will survive the termination and/or expiration of this Agreement.
Your Compliance with the Law. You will obey all laws, including, without limitation, all traffic laws and U.S. export laws. This Software, and the associated Seek Thermal peripheral device are subject to U.S. export control laws and regulations. You will not export, re-export, travel outside of the United States with, nor transfer the Software or the associated Seek Thermal peripheral device to any foreign national regardless of their physical location. Additionally, you warrant and represent to Seek Thermal that you are not restricted or otherwise prohibited from receiving or possessing the Software or the associated Seek Thermal peripheral device, or other products and technology similar thereto.
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. NO SEEK THERMAL DEALER, AGENT OR EMPLOYEE IS AUTHORIZED TO CREATE, MODIFY, EXTEND OR OTHERWISE MAKE ANY WARRANTY ON BEHALF OF SEEK THERMAL.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SEEK THERMAL, INCLUDING ITS 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 ATTORNEY’S FEES, ARISING FROM OR CAUSED BY, DIRECTLY OR INDIRECTLY, THE SALE OR 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 $100.
Indemnity. You will indemnify and hold Seek Thermal and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your use of the Software or (b) your violation of this Agreement.
Termination. We may suspend or terminate your access to and use of the Software, including suspending or terminating your access to the Software, at our sole discretion, at any time and without notice to you. 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. All provisions of this Agreement which by their nature are intended to continue beyond the termination of this Agreement shall survive and continue after any such termination.
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. 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. The Software constitutes “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Software is being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Software will be only those specified 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. The exclusive jurisdiction for all disputes will be the state and federal courts located in Santa Barbara County, and you and Seek Thermal each waive any objection to jurisdiction and venue in such courts.
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.
Waiver. Seek Thermal’s failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Seek Thermal.
Notice and Contact Information. For questions or concerns, please email us or contact us at: Seek Thermal, Inc. 6489 Calle Real Goleta, CA 93117 U.S.A. or support@ thermal.com. Any notices or other communications provided by Seek Thermal under this Agreement will be given: (i) via email; (ii) by posting to the website; or (iii) otherwise communicated by Seek Thermal to you. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Copyright Notices, Attributions and Licenses. Some of Seek Thermal’s licensors require the reproduction of certain copyright notices and authorship attribution in Seek Thermal’s documentation. Such notices, attributions and licenses can be found here.