Software End User License Agreement

EON REALITY, INC. SOFTWARE LICENSE AGREEMENT FOR ALL EON SOFTWARE OPERATING SYSTEMS, APPLICATIONS, INCLUDING EXPERIENCE, EON-XR, INCLUDING DESKTOP, MOBILE, TABLET, AND OTHER DEVELOPED PLATFORMS AND/OR THEIR DERIVATIVES (INDIVIDUALLY AND COLLECTIVELY “EON SOFTWARE”).

BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE, AS REQUESTED AND REQUIRED BY EON REALITY, INC. (“EON” OR “COMPANY”) HAVE READ AND UNDERSTOOD THE TERMS, CONDITIONS AND OBLIGATIONS CONTAINED WITHIN THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) BEFORE USING EON SOFTWARE.  BY USING EON SOFTWARE, YOU ARE EXPLICITLY ACKNOWLEDGING AND CONSENTING TO BE BOUND BY THE TERMS OF THIS LICENSE.  IF YOU DO NOT FULLY ACCEPT AND AGREE TO THE TERMS OF THIS LICENSE DO NOT INSTALL AND/OR USE EON SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”.

IF YOU ACQUIRED EON SOFTWARE AS PART OF AN EON HARDWARE PURCHASE AND IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU MAY RETURN THE ENTIRE EON HARDWARE/EON SOFTWARE PACKAGE WITHIN THE RETURN PERIOD TO THE COMPANY’S RETAIL STORE OR THE AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO EON’S AND/OR THE DISTRIBUTOR’S RETURN POLICY.  IF YOU WERE PROVIDED EON SOFTWARE AS PART OF A TRAINING PROGRAM, INCLUDING BUT NOT LIMITED TO BEING ISSUED THROUGH AN EON AUTHORIZED ENTREPRENEUR SCHOOL PROGRAM, YOU ACKNOWLEDGING BY ACCEPTING/AGREEING TO THIS LICENSE, THAT YOU WILL BE BOUND BY ALL THE TERMS, CONDITIONS AND OBLIGATIONS OF THIS LICENSEE AS IF YOU HAD ACQUIRED IT; WHERE YOU, THE END USER OVERTLY ACCEPT THAT EON SOFTWARE HAS VALUE AND WHILE IT MAY NOT HAVE BEEN PROCURED BY YOU, THE END USER, YOU, THE END USER ACCEPT THE TERMS OF THIS LICENSE AGREEMENT.

IMPORTANT NOTE: To the extent that this software may be used to reproduce, modify, publish or distribute materials, such use is licensed to you only for materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor.

  1.  General.
    1. EON Reality, Inc. software, any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether preinstalled on EON-branded hardware, on disk, downloaded, in read only memory, on any other media or in any other form (collectively, in addition to the previously defined in the preamble referenced as EON Software, shall be incorporated herein, and shall now and hereafter be referred to as “EON Software”) are licensed, not sold, to you by EON Reality, Inc. (“EON” or “Company”) for use only under the terms of this License. EON and/or EON’S licensors retain ownership of EON Software itself and reserve all rights not expressly granted to you.
    2. EON, at its discretion, may make available future upgrades or updates to EON Software. Any such upgrades or updates (if any) to EON Software will be available only through EON-authorized distribution methods and will require an EON ID, as defined in Section 2E below. EON may provide you any such upgrades and updates that it may release up to, but not including, the next major release of the EON Software, for free. For example, if you originally purchased a license for version 2.0 of EON Software, EON may provide you for free any software upgrades or updates it might release (e.g., version 2.0.1 or 2.0.2) up to, but not including, version 3.0 of EON Software. After the next major release of EON Software, EON may, at its sole discretion, continue to provide minor updates and enhancements to EON Software.  Upgrades and updates, if any, may not necessarily include all existing software features or new features that EON releases for newer models of EON-branded hardware, EON software, and/or EON Apps, and may, at EON’S option, be provided with or without charge.  The terms of this License will govern any software upgrades or updates provided by EON that replace and/or supplement the original EON Software product, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern.
    3. Title and intellectual property rights in and to any content displayed by or accessed through EON Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.
  2. Permitted License Uses and Restrictions.
    1. Preinstalled and Single-Copy EON Software License. Subject to the terms and conditions of this License, unless you obtained EON Software as described in Section 2.2, 2.3 or 2.4, you are granted a limited, non-exclusive license to install, use and run one (1) copy of EON Software on a single EON-branded hardware system at any one time. For example, these single-copy license terms apply to you if you obtained EON Software preinstalled on EON-branded hardware system, and you do not associate the preinstalled EON Software with your EON Experience account as set forth in Section 2C.
    2. EON Experience License. If you obtained a license for EON Software from the EON Experience or you associate the preinstalled EON Software with your EON Experience account as set forth in Section 2C, then subject to the terms and conditions of this License and as permitted by the Company, you are granted a limited, non-transferable, non-exclusive license:
      1. To download, install, use and run for personal, non-commercial use, one (1) copy of EON Software directly on a third party Original Equipment Manufactured hardware device that you own or control (“OEM Hardware”); and
      2. If you are a commercial enterprise or educational institution, to download, install, use and run one (1) copy of EON Software for use either: (a) by a single individual on each of the OEM Hardware devices that you own or control; or
      3. By multiple individuals on a single shared OEM Hardware that you own or control. For example, a single employee may use EON Software on both the employee’s desktop OEM Hardware, including an OEM laptop, or multiple students may serially use EON Software on a single OEM Hardware located at a resource center or library;
    3. EON Experience. If you acquired EON Software accompanying this License, then you have the option of associating EON Software with your EON Experience account. If you acquired software from a third party OEM or software developer, i.e. Apple, Inc. or Google, any software applications that came preinstalled by OEM Hardware or third-party-branded software at the time of purchase is not subject to this License and are subjected to separate license agreements and EON Reality, Inc. expressly identifies that this license does not, in any circumstance, provide any ownership, access or authorization to third party software authors, vendors or publishers.  By accepting this license through EON Experience you are solely and exclusively accepting the License for EON Software.
    4. Volume or Maintenance License. If you obtained EON Software under a volume or maintenance license program with EON, the terms of your volume or maintenance license will determine the number of copies of EON Software you are permitted to download, install, use and run on EON-branded or OEM Hardware you own or control. Except as agreed to in writing by EON, all other terms and conditions of this License shall apply to your use of EON Software obtained under a volume or maintenance license.
    5. System Requirements: EON Identification (ID). Please note that EON Software is supported on listed operating system software that meets specified system requirements as indicated by the Company and any EON ID, if applicable, does not warrant effective use on operating system software not supported by EON.
    6. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run EON Software on any non-owned (by you, the End-User) OEM Hardware, or to enable others to do so. Unless otherwise permitted by the terms of this License (i.) Only one user may use EON Software at a time; (ii.) You may not make EON Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, redistribute or sublicense EON Software;
    7. Backup Copy. You may make one copy of EON Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
    8. Migration of Existing Software. If you use the Transfer Server feature of EON Software to transfer software from OEM Hardware to another OEM Hardware, please remember that continued use of the original copy of the software may be prohibited once a copy has been transferred to another OEM Hardware, unless you already have a licensed copy of such software on both computers.  You, the End-User, should check the relevant software license agreements for applicable terms and conditions.  Third party software and services may not be compatible with EON Software and installation of EON Software may affect the availability and usability of such third party software or services, as well as other OEM products and services.
  3. No Reverse Engineering.
    1. You may not and you agree not to, or to enable others to, copy, except as expressly permitted by this License or by the Usage Rules if they are applicable to you, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of EON Software or any services provided by EON Software, or any part thereof, except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open source components that may be included with EON Software.
    2. Profile Manager. You may use a profile manager, defined as the operating system’s unique identifier (“Profile Manager”)) to create configuration profiles e.g., to pre-configure VPN, set network interface settings, enable remote wipe, enforce passcodes, etc., for managing EON-branded products that work with this feature, but solely for use within your company or organization or for your own noncommercial, personal use. You may not use Profile Manager to manage products that are not within your company or organization or that are not managed for your own personal, non-commercial use.  You may not provide a service to third parties that integrates with or leverages services or information provided by Profile Manager or uses Profile Manager in any way.  Further, you understand and agree that all information that you obtain through the use of Profile Manager may be used only for your internal purposes within your company or organization or for your own non-commercial, personal use.
    3. You are responsible for informing users of products that you are managing using the Profile Manager that configuration profiles have been installed, and if applicable, that you will be able to interact with, inspect, manage and wipe such products remotely. As a condition to using Profile Manager, you represent and warrant to EON that you have all the necessary rights and consents to collect and use any information that you obtain through the use of EON Software in this manner, and that you will use Profile Manager only in accordance with applicable laws and regulations.
    4. If your company or organization is a member of the Company’s Developer Program or you are an EON Developer Program licensee, then to the limited extent that your Developer Program Agreement (defined below) authorizes you to use such authorized licenses in conjunction with this License, as it may be modified by EON from time to time.
  4. System Imaging.
    1. Install and Restore Software. You may use the Install and Restore software included with EON Software to: (i) create multiple image files of EON Software and (ii) make such image files available on a Server for use on an unlimited number of OEM Hardware at a time, provided that each such OEM Hardware is licensed to run EON Software included in the image file.
      1. You agree to ensure that each end user of Install or Restore image files is aware of and complies with the terms of EON Software License(s) that governs the use of the EON Software contained within such image files. The Install and Restore software may be used to install and reproduce software as permitted herein only so long as such use is licensed by the owner of the software or you are otherwise authorized or legally permitted to reproduce such software in this manner, and you warrant to EON that the EON Software being installed or used has been appropriately licensed by you.
    2. Except as expressly permitted in this Section 4 (System Imaging), or except as otherwise licensed by the Company, you agree not to use EON Software in connection with service bureau, time-sharing, terminal sharing or other similar types of services. You also agree not to use or offer EON Software, or any of its functionality, to provide service bureau, time-sharing, terminal sharing or other similar types of services to third parties.
  5. Caching Server.
    1. To the extent that EON and/or its affiliates make particular software and/or content available for caching (e.g., as part of EOM Software Update feature or applicable content from EON Experience) (“EON Cached Content”), you may use the caching server feature to locally cache such EON Cached Content, but only on a server you own or control and solely for purposes of expediting the delivery of such EON Cached Content to authorized end users within your home, company or organization. You understand that such users may need to separately authenticate with EON prior to receiving EON Cached Content and that the expedited delivery of EON Cached Content through the use of your server will not modify the terms under which you or your end users receive such EON Cached Content.
    2. You are not authorized to deploy your EON Cached Content with the caching server feature enabled on a network you do not own or control (or which you are not legally authorized to use for such purposes), or to permit access to such server from end users outside of your home, company or organization. You agree to use the caching server feature only for your own personal, non-commercial use or for internal use within your company or organization, and only as expressly permitted herein. You may not provide a service to third parties that integrates with or leverages services or information provided by the caching server feature or uses the caching server feature in any way.
    3. The Company reserves the right to stop making EON Cached Content available for caching on your OEM Hardware (e.g. some content that you may have previously cached may not be available for subsequent caching) and to remove any EON Cached Content from your servers at any time in its sole discretion, and EON shall have no liability to you in such event. You understand that such caching of EON Cached Content may not be available in all countries or regions.
  6. Transfer.
    1. If you obtained EON Software preinstalled on OEM Hardware, you may make a onetime permanent transfer of all of your license rights in EON Software (in its original form as provided by EON) to another party, provided that: (i) EON Software is transferred together with your OEM Hardware; (ii) the transfer must include all of EON Software, including all its component parts, printed materials and this License; (iii) you do not retain any copies of EON Software, full or partial, including copies stored on a computer or other storage device; (iv) the party receiving EON Software accepts the terms and conditions of this License. For purposes of this License, if EON provides an update (e.g., version 2.0 to 2.0.1) to EON Software, the update is considered part of EON Software and may not be transferred separately from the pre-update version of EON Software.
    2. If you obtained your license to EON Software from a EON-branded hardware solution, EON-branded Entrepreneur School, your preinstalled EON Software with EON branded it is not transferable. If you sell your EON-branded hardware to a third party, you must remove EON Software from EON-branded hardware before doing so.
    3. You may not transfer any EON Software that has been modified pursuant to Section 17 (Third Party Acknowledgements) below. All components of EON Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Note that EON Software provided with a particular EON-branded hardware product might not run on other models of EON-branded hardware.
    4. Any copy of EON Software that may be provided by the Company for promotional, evaluation, diagnostic or restorative purposes may be used only for such purposes and may not be resold or transferred.
  7. Consent to Use of Data.
    1. Diagnostic and Usage Data. If you opt in to diagnostic and usage collection, you agree that EON and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to EON Software, and to verify compliance with the terms of this License. EON may use this information, as long as it is collected in a form that does not personally identify you, to provide and improve EON’s products and services. To enable EON’s partners and third party developers to improve their software, hardware and services designed for use with EON products, EON may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.
    2. Privacy Policy. At all times your information will be treated in accordance with EON’S Privacy Policy, which is incorporated by reference into this License and can be viewed at: https://eonreality.com/privacy.
  8. Services and Third Party Materials.
    1. EON Software may enable access to third party services and web sites (collectively and individually, “Services”). Use of these Services requires Internet access and use of certain Services may require a unique identifier, may require you to accept additional terms and may be subject to additional fees. By using this software in connection with Services you agree to the applicable terms of service for that account, but such authorizations and/or permissions do not void your obligations in accordance to this License.
    2. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that EON shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
    3. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that EON is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Company, its officers, affiliates and subsidiaries do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
    4. Financial information displayed by any Services is for general informational purposes only and should not be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or region. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither EON nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services.
    5. You agree that the Services contain proprietary content, information and material that is owned by EON, the site owner and/or their licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services or in any manner that is inconsistent with the terms of this License or that infringes any intellectual property rights of a third party or EON. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, using the Services to transmit any computer viruses, worms, Trojan Horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that EON is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Services.
    6. Services and Third Party Materials that may be accessed, linked to or displayed through EON Software are not available in all languages or in all countries. EON makes no representation that such Services and Materials are appropriate or available for use in any particular location.  To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. EON and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice.  In no event will the Company be liable for the removal of or disabling of access to any such Services.  EON may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
  9. Termination.
    1. This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from the Company if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of EON Software and destroy all copies, full or partial, of EON Software. Sections 4, 5, 6, 7, 8, 9, 10, 12 and 13 of this License shall survive any such termination.
  10. Disclaimer of Warranties.
    1. If you are a customer who is a consumer (someone who uses EON Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
    2. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF EON SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH EON SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
    3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EON SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND EON AND EON’S LICENSORS (COLLECTIVELY REFERRED TO AS “EON” FOR THE PURPOSES OF THIS LICENSE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO EON SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
    4. EON DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF EON SOFTWARE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, EON SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF EON SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT EON SOFTWARE OR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY PRODUCTS OR SERVICES, OR THAT DEFECTS IN EON SOFTWARE OR SERVICES WILL BE CORRECTED. INSTALLATION OF EON SOFTWARE AND USE OF THE SERVICES MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR SERVICES AS WELL AS OTHER EON PRODUCTS OR SERVICES.
    5. YOU FURTHER ACKNOWLEDGE THAT EON SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, EON SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
    6. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EON OR AN EON AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD EON SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
  11. Limitation of Liability.
    1. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL EON BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE EON SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH EON SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
    2. In no event shall the Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one cent ($0.01). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
  12. Digital Certificates.
    1. EON Software contains functionality that allows it to accept digital certificates either issued by you, by EON or by third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY YOU, EON OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EON MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES. You agree that (a) you will not falsify or misuse any certificate; (b) you will use digital certificates for legal purposes only and only as expressly permitted by this Agreement and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorized user from making use of your digital certificates or otherwise having access to any certificate or private key stored on your computer; and (d) you will revoke any of your certificates that you have reason to believe has been compromised. EON’s Certificate Policy and Certificate Practice Statements may be found at: https://eonreality.com/certificateauthority.
    2. Use of Digital Certificates in Push Service. YOUR USE OF ANY DIGITAL CERTIFICATES IN CONNECTION WITH THE PUSH SERVICE IS AT YOUR SOLE RISK. EON MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE USE OF DIGITAL CERTIFICATES AND/OR ENCRYPTION IN THE PUSH SERVICE OR EON SOFTWARE.
  13. Export Control. You may not use or otherwise export or reexport EON Software except as authorized by United States law and the laws of the jurisdiction in which EON Software was obtained. In particular, but without limitation, EON Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using EON Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use EON Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
  14. Government End Users. EON Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
  15. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
  16. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and EON relating to the use of EON Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by EON. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.
  17. Third Party Acknowledgements.
    1. Certain components of EON Software, and third party open source programs included with EON Software, may be made available by EON on its website (https:// www.eonreality.com) (“Open Source Constituents”). Acknowledgements, licensing terms and disclaimers for such components are contained in the electronic documentation for EON Software. Please refer to the electronic documentation since you may have additional rights in the Open Source Constituents. You expressly acknowledge that if failure or damage to EON hardware results from modification of the Open Source Components of EON Software, such failure or damage is excluded from the terms of EON hardware warranty.