This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Yayasan Ekualiser Bumi Untuk Semua (referred to below as “Earthqualizer or “ We” or “Us” or “Our”) as the sole owner of the product with the Disclaimer as integral part of this EULA. This End User License Agreement (“EULA”) governs your use of Traceability, Monitoring, and Recovery Liability Dashboard (the “Product”). This EULA is the basis on which Earthqualizer makes the Products available to you (“User” or ”You”) and on which You may use them. What We mean by “You,” are buyers, recipients, or end users of the Products. “You” also means someone who downloads the Product from an official website. Our Privacy and Policy, as an integral part of this EULA that bound You and should be obeyed by You at all time. By using Our Product you accept the terms of this EULA. If you do not accept these terms, do not use Our Products.
“Product” means any imagery, data, product, value-added product, service, analysis, tool, or work licensed by Earthqualizer under the terms of this EULA, including, without limitation, information products and digital data sets. It shall also include monthly monitoring reports of deforestation and peatland development cases within oil palm oil concessions owned by companies inside your supply chain, with primary focus on Indonesia, Malaysia and Papua New Guinea including all versions of the modification or improvement, all advanced versions of the Product.
“Derivative Product” means any product or information derived and developed by you from Product that does not contain any source image data from the Product (including a reasonable facsimile of the Product) and is irreversibly modified and uncoupled from the Product.
“End-User” means any ONE of the following that accepts the terms of this EULA and is supplied with Product:
“End-User Access Account” means an individual account provided by us, including unique authorization credentials, that permits you to access the Product through our application programming interface (API)
“Purchaser” means any legal entity or government agency that enters or intends to enter into a binding agreement with us to obtain Product provided under the terms of this EULA.
“Value-Added Product” or “VAP” means any product generated by you that contains source image data from the Product (including a reasonable facsimile of the Product) that has been modified through higher processing, technical manipulations, or the integration of additional data.
ACCEPTANCE OF LICENSING TERMS
You agree to be bound by the terms of this EULA by doing any of the following:
accessing the Product either through an End-User Access Account or, if a different delivery mechanism is selected by us, opening the package containing the Product.
GRANT OF LICENSE
Earthqualizer grants You a limited non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to download and/or use the Product either in whole or in part (the “License”), for such time until the termination of this EULA by Earthqualizer. You must in no event use or allow others to use the Product or this License for commercial purposes. Earthqualizer hereby gives you the right to use the product not for commercial use or purposes. The product is licensed to you, not transferred to the ownership of the Product.
As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. Please review such additional terms and costs carefully.
As part of the License, you may: (a) install and use information and data in the manner to engage No Peat, No Deforestation and No Exploitations (NDPE) compliance; (b) if information and data are provided for download to a personal computer or mobile device, make as many copies of these information and data as you reasonably need for your own use for NDPE compliance purpose; and (c) permanently transfer all your rights to use information and data to others, so that person also agrees to be bound by this agreement, and after such transfer you stop using information and data.
The Grant of license to you shall be dealt under the following two subscription methods:
For ready-to-use products (e.g. traceability, monitoring & VDF), the subscription process includes the following:
2. Follow-up with 3 documents: Product specifications, offer letter & terms/conditions.
3. Adjust the scope & pricing as needed
4. Formal agreement/acceptance
5. Payment & receipt
6. Follow-up with engagement/client management
For specific datasets (S&P framework):
1. Expression of interest (e.g. by contact us or email) & problem detailing
2. Scope & pricing negotiation
3. Sign up/subscribe to receive one or more datasets (issuance of invoice)
4. Payment & receipt
5. Follow-up with engagement/client management
RESERVATION OF RIGHTS
Earthqualizer reserves all rights not expressly granted to you in this EULA. The Product is protected by copyright and other intellectual property laws and treaties. Earthqualizer owns the title, copyright and other intellectual property rights in the Products. The Earthqualizer Product is licensed, not sold.
LIMITATIONS ON END USER RIGHTS
You will not use the Product to support any crime under any jurisdiction, especially any action related to the support to carry out the most serious crime such as but not limited to crime against humanity.
You shall not, directly or indirectly: (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of this Product, in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations].
All title, ownership rights and intellectual property rights of the Product, including all of its part, and all copies thereof are owned by Earthqualizer. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product. You shall fully respect and support the rights of Eartqualizer over the Product.
You are free to redistribute Products with restriction, to redistribute Products not permitted by this EULA, you must request additional licensing from Us. We may grant licensing allowing additional use upon the conclusion of a license upgrade for which the appropriate license fees will have been paid (“License Upgrade”). The relevant License Upgrade will be attached as an amendment to this EULA. The inclusion of Product or imagery and data contained in Product in any product for resale or distribution is considered value-added work and is not allowed under this EULA without purchasing the necessary License Upgrade.
Products and data contained are owned by Us or our licensor and protected by the laws of Indonesia and other international laws and treaties and conventions regarding intellectual property or proprietary rights. We retain all rights, title, and ownership interest not granted under this EULA. From the date of acceptance of this EULA by one of the means listed above, you will employ all reasonable efforts to protect the Product, or any part of the Product, from unauthorized use, distribution, disclosure, or publication. We or our licensor retain all rights over trademarks.
ACCESS TO YOUR INFORMATION
CONSENT TO OVERSEE
You acknowledge that the Earthqualizer Products are subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to the Earthqualizer Products, including all the applicable export restriction laws and regulations.
The EULA is effective from the time You check the box or click the button to confirm your agreement. Earthqualizer may terminate this EULA, at any time, for any reason. Termination will be effective upon notice to You. You must immediately destroy all the Products, including its copies under Your possession or any other party You have given to. If you use any Product in an unauthorized manner or otherwise violate this EULA, we may, at our option, select any one or more of the following remedies in addition to any remedy available at law:
Upon termination, you will delete all Product and provide evidence of its deletion to us. All provisions of this EULA that by their nature contemplate performance after termination will survive termination of this EULA.
LIMITATION OF LIABILITY
Earthqualizer will not be liable for any damages of any kind arising out of or relating to the use or the inability to use the product, its content or functionality, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, failure to connect, and all other direct, indirect, special, incidental, exemplary, or consequential damages even if Earthqualizer has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you. notwithstanding the foregoing, Earthqualizer total liability to you for all losses, damages, causes of action, including but not limited to those based on contract, tort, or otherwise, arising out of your use of the Earthqualizer product, or any other provision of this Eula, shall not exceed the amount you paid specifically for the product. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
CHANGES TO THIS EULA OR TO THE PRODUCT
Earthqualizer reserves the right, under its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain part of this EULA. Such changes will be effective without prior notification to You. If any future changes to this EULA are unacceptable to You or cause You to no longer comply with this EULA, We may terminate this EULA in accordance with Section Access to Your Information.
ENTIRE AGREEMENT; SEVERABILITY
This EULA is the entire agreement between you and Earthqualizer relating to the Products and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Products or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
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