LiDAR ToolBox End-User License Agreement

Version 1.0

PLEASE READ THE FOLLOWING TERMS OF USE BEFORE INSTALLATION OF THE SOFTWARE. YOU SHOULD INSTALL THE SOFTWARE ONLY AFTER YOU READ, UNDERSTAND, AND AGREE WITH THESE END-USER TERMS. BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THESE TERMS.

Definitions

“Software” means the LiDAR ToolBox version 0.1 Android software to view recorded LiDAR point clouds and related service offered by VTT Technical Research Centre of Finland Ltd (“VTT”) including, but not limited to all software, compilers, user interface, or GUI, different back-ends, the information provided in or by the service, processing time offered, the forum and community, and related web pages, as well as all systems, programs, files, and /or data communication possibilities associated with the service.

“Outputs” means any code, data, results or information the user receives from the Software or VTT.

“Data Protection Description” means VTT’s Data Protection Description for web pages, newsletters and other marketing material as to be found here and as amended from time to time in accordance with the procedure described on it.

Scope and Agreement

These terms constitute the End-User license agreement (“EULA”) between you and VTT. It determines the terms for the use of the Software. By accepting this EULA, you enter into a binding legal agreement (“Agreement”) consisting of (a) this EULA, as amended from time to time as provided below and (b) the Data Protection Description. When accepting the EULA, you confirm that you have read and understood the Agreement.

Intellectual Property Rights and License

The Software, including all rights, title and interest therein and to the Outputs are owned or controlled by VTT and all intellectual property rights and title thereto are unaffected by this Agreement.

For the term of this Agreement, VTT grants to the User a limited, nonexclusive, nontransferable license to use the Software for non-commercial testing and evaluation purposes. The User shall:

  1. not use the Software for other purposes than to explore the functioning of the Software,
  2. comply with export control and sanctions requirements as defined below,
  3. not transfer, assign or lease any of the rights granted hereunder to any third party or otherwise give user rights to the Software to any third party,
  4. agree to use the Software only to peaceful purposes and not to use the Software for unlawful, obscene, offensive or fraudulent activity, such as advocating or causing harm, interfering with or violating the integrity or security of a network or system, evading filters, sending unsolicited, abusive, deceptive or disparaging messages, viruses or harmful code, or violating third party rights, and
  5. agree not to copy, alter, modify, translate, create derivative works from, decompile, or extract code from the Software, nor reverse engineer or otherwise attempt to discover or decode any component of the Software.
Term

The license is effective when you click to accept this EULA and remains in effect 90 days or until terminated as provided herein. VTT may terminate the Agreement and terminate, suspend, revoke or limit your license to the Software at any time at VTT’s discretion by notifying you. Among other things any non-adherence or violation of this EULA may lead to immediate suspension or revocation of your license. The suspension may be temporary or permanent, subject to VTT’s discretion. Any costs incurred by VTT through unauthorized or unacceptable use will be charged to the User concerned.

Technical Limitations, Service Provided on Reasonable Effort Basis

The User understands and accepts that the Software is provided on a reasonable efforts basis and that interruptions may take place at any time, announced or non-announced, no Outputs are guaranteed and VTT makes no representation on the availability of the Software or any associated services. VTT reserves the right to modify or terminate the provision of the Software at any time.

VTT does not commit itself to any support, maintenance or consulting services.

Feedback

The User agrees to reasonably report any detected errors in the Software to VTT. In addition, the User is invited to provide other feedback to VTT. Contact details are available at www.vttresearch.com.

In the event the User, at his or her option, provides feedback on the Software to VTT, the User grants to VTT a perpetual, fully paid up, irrevocable, non-exclusive, worldwide license to such feedback to use, modify, sublicense, distribute and otherwise exploit in any way such feedback and modifications therefrom without consent or accounting to the User. The User represents that any feedback provided by him or her to VTT on the Software is original and does not, to the knowledge of the User, violate any intellectual property rights of any third party.

Confidentiality

The User agrees that all inputs, data and information exchanged under this Agreement are non-confidential. VTT cannot guarantee the confidentiality of the information sent or received by using the Software or that third parties have no access to such information.

The User shall undertake to keep confidential and not to disclose to any third party any information, data or material of the Software and may not use such information, data or material for any other purpose than explicitly stated in this EULA. This obligation shall be valid even after the expiration of this Agreement. Upon the termination of this Agreement the User shall destroy or erase all information relevant to the Software and all copies thereof.

Personal Data

VTT may collect, store and otherwise process User’s personal data, as detailed on the Data Protection Description.

Export Control and Sanctions

The User shall comply with all sanctions, export control and import control laws and regulations adopted by the United Nations, the United States, and the European Union, as well as any other sanctions, export control or import control laws and regulations which may be applicable to the User or to its activities undertaken pursuant to this Agreement. The User agrees not to use the Software from locations outside of Finland. The User agrees not to directly or indirectly export or re-export, at any time, any technology, software or other items furnished hereunder to any prohibited country or individual (including release of technology, software and other restricted items to nationals, wherever they may be located, of any prohibited country) as specified in applicable export, embargo, and sanctions regulations nor for any prohibited purpose.

No Warranty, Compliance with Laws and Limitation of Liability

The Software is provided “as is” and its use is at the User’s own risk. VTT is not liable for any loss or injury relating to the use of the Software, including but not limited to loss or injury caused by possible erroneous or non-functioning Outputs. VTT does not give any warranty or representation as to the availability, error- or interruption-free operation, suitability for any purposes (general or particular), merchantability, fitness for a particular purpose or any non-infringement of the Software. Neither does VTT give any warranty that communications to or from the Software are completely secure.

The User agrees that his or her usage of the Software complies with all applicable laws and regulations in VTT’s and the User’s jurisdiction, including but not limited to data protection, export and import control, sanctions and copyright laws.

The User agrees not to request or assert any claims for damages or compensation from VTT or its officers, employees, subcontractors or suppliers ware and computing or storage facilities, for any damage suffered as a result of imperfections or non-availability of the Software nor for any other way resulting from the User’s use or access to the Software.

Severability

Should any provision of this Agreement become invalid, illegal or unenforceable, it shall not affect the validity of the remaining provisions of this Agreement. In such case, that provision shall be deemed amended to the minimum extent necessary to make it enforceable.

Amendments

VTT may change this EULA and the other parts of this Agreement from time to time. You will be notified of changes, but VTT has the right to make minor and technical changes without giving prior notice. If you do not agree to the said updates, please discontinue the use of the Software.

Applicable Law and Jurisdiction

The Agreement is governed by the laws of Finland, excluding its choice of law provisions.

The parties shall use their best efforts to avoid any disputes hereunder and shall resolve any related disputes by amicable understanding where possible. Any disputes, controversy or claim, which cannot be solved amicably shall be submitted to the District Court of Helsinki, Finland.