End User License Agreement
This End User License Agreement (“EULA”) is a binding agreement between you (“you”, “User”) and Digital Frontier Tech (“we”, “us”, “our”) governing your use of any proprietary software, firmware, configurations, scripts, or platform services we provide or install, including the FieldWyre low voltage management platform (collectively, the “Software”). By installing, accessing, or using the Software, you agree to this EULA.
1. License Grant
Subject to your compliance with this EULA and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software solely for your internal personal or business purposes, on the device(s) or environment(s) on which it was installed or for which it was provisioned.
2. Restrictions
You may not, and may not permit any third party to:
- Copy, modify, adapt, translate, or create derivative works of the Software.
- Reverse engineer, decompile, disassemble, or attempt to derive source code or underlying ideas.
- Rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Software.
- Remove or alter proprietary notices, labels, or copyright/trademark markings.
- Use the Software to develop a competing product or service.
- Use the Software in any unlawful manner or in violation of any third-party rights.
- Bypass or attempt to bypass any security, usage, or technical limitation.
3. Third-Party Components
The Software may include or rely on third-party software, libraries, firmware, or open-source components. Such components are licensed under their own terms, which take precedence over this EULA for the components they cover. We will make applicable third-party license notices available upon reasonable request.
4. Updates and Support
We may, at our discretion, provide updates, patches, or new versions of the Software. Unless a separate support agreement is in place, updates and support are not guaranteed. Updates are governed by this EULA unless accompanied by a separate license.
5. Ownership
The Software is licensed, not sold. We and our licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. No rights are granted to you other than the limited license expressly set forth in this EULA.
6. Customer Data
You retain ownership of any data you input into or generate through the Software (“Customer Data”). You grant us a limited license to process Customer Data solely to operate, maintain, and support the Software. Our handling of personal information is described in our Privacy Policy.
7. Acceptable Use
You agree not to use the Software to: (a) violate any law or regulation; (b) infringe the rights of any third party; (c) transmit malware or harmful code; (d) interfere with the operation of the Software or its underlying infrastructure; or (e) attempt to gain unauthorized access to any system or account.
8. Warranties and Disclaimer
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DIGITAL FRONTIER TECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS EULA. OUR TOTAL AGGREGATE LIABILITY UNDER THIS EULA WILL NOT EXCEED THE AMOUNTS PAID TO US FOR THE SOFTWARE OR SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
10. Indemnification
You agree to indemnify, defend, and hold harmless Digital Frontier Tech and its officers, employees, and agents from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your breach of this EULA, your misuse of the Software, or your violation of any law or third-party right.
11. Termination
This EULA is effective until terminated. We may terminate it immediately if you breach any term. Upon termination, you must stop using the Software and destroy all copies in your possession. Sections that by their nature should survive termination (including ownership, disclaimers, limitations of liability, and indemnification) will survive.
12. Export Controls
You agree to comply with all applicable export control laws and regulations of the United States and other jurisdictions. You may not use, export, or re-export the Software in violation of such laws.
13. U.S. Government End Users
The Software is “commercial computer software” as that term is defined in 48 C.F.R. 2.101. If acquired by or on behalf of a civilian or military agency of the U.S. Government, all rights are licensed in accordance with the commercial license rights and restrictions described in this EULA.
14. Governing Law
This EULA is governed by the laws of the State of New Jersey, without regard to its conflict of laws principles. The exclusive venue for any dispute is the state or federal courts located in Ocean County, New Jersey, and you consent to the personal jurisdiction of those courts.
15. Changes
We may update this EULA. The current version is posted on this page with an updated “Last Updated” date. Material changes will be highlighted. Your continued use of the Software after changes are posted constitutes acceptance of the revised EULA.
16. Contact
Digital Frontier Tech
Email: info@digitalfrontiertech.com
Phone: 732-696-7077