This Cameyo Developer Edition End-User License Agreement (“EULA”) is a legal agreement between you (“you”) and Cameyo (“CYO”) for the Cameyo Developer Edition product (“CAMEYO DEVELOPER”). By using or copying CAMEYO DEVELOPER, you agree to be bound by the terms of this EULA. CAMEYO DEVELOPER is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. CAMEYO DEVELOPER is licensed, not sold, and ALL SOFTWARE IS PROVIDED “AS IS.”
. “PRODUCT LINE”: a family of products, including their sub-versions, which are based on the same code base and offer similar functionality. Product lines are typically recognizable by their similar names. For example, software products named “MyApp Home”, “MyApp Free”, “MyApp Pro” are typically within the same product line, whereas “OtherApp Home” typically belongs to a different product line.
. “USERS CAP”: the maximum number of users to whom you will provide the resulting virtual package. Unless otherwise defined during your purchase of CAMEYO DEVELOPER, the cap number is 10,000 per year.
1. GRANT OF LICENSE:
This EULA grants you the following rights:
. Packaging: CAMEYO DEVELOPER may be used for transforming applications you developed, or own a right to re-package and distribute, into virtual packages.
. Quantity: one CAMEYO DEVELOPER license allows a single developer to package a single PRODUCT LINE, and distribute it to any number of users up to the number defined by USERS CAP.
. Royalties and Ownership: Software packaged using CAMEYO DEVELOPER is free of royalty, not owned by CYO, and is under your sole responsibility. CAMEYO DEVELOPER is merely a packaging tool, and is in no way responsible of the use you make with packaged software. It is your responsibility to comply with copyright restrictions.
. Use and Reproduction: CAMEYO DEVELOPER requires a license purchase from CYO or one of its distributors or affiliates. The purchased license grants you a non-exclusive right to use CAMEYO DEVELOPER on a development machine. You may not reproduce CAMEYO DEVELOPER beyond the number of purchased licenses.
. You are not allowed to package applications that offer similar functionality or compete with CAMEYO DEVELOPER, and that CAMEYO DEVELOPER does not become a central feature of the packaged applications.
. For support requests of licensees of the paid annual support option, CYO guarantees a maximum reply time of 48 hours, provided that the yearly support fee was paid. CYO does not guarantee a fix of a reported problem in any specific time. Only a reasonably helpful reply is guaranteed. The “reply time clock” is suspended during weekends (Saturdays and Sundays).
. It’s also suspended during CYO Company Vacation, provided that:
a. The Company Vacation information is made public on CYO’s Website.
b. Each Company Vacation does not exceed 10 days, and the overall Company Vacation duration does not exceed 25 days per year.
. Should CYO fail to reply to a properly submitted support request in the guaranteed reply time more than once, CYO will pay the licensee a compensation of 150 USD per missed reply. The summed up compensation payments are limited to (can not exceed) the paid priority support fee.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
. Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not reverse engineer, decompile or disassemble CAMEYO DEVELOPER except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
. CAMEYO DEVELOPER Transfer: The licensed software must not be rented or leased, but may be permanently transferred, if the person receiving it agrees to the terms of this license. If the software is an update, the transfer must include the update and all previous versions.
. Termination: Without prejudice to any other rights of CYO’s, your rights under this EULA will terminate automatically without notice from CYO if you fail to comply with any term(s) of this EULA. In such event you must destroy all copies of CAMEYO DEVELOPER and any related materials.
. COPYRIGHT: All right, title and interest in and to CAMEYO DEVELOPER (including the copyrights in CAMEYO DEVELOPER and including, but not limited to, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into CAMEYO DEVELOPER), the accompanying printed materials (if any), and any copies of CAMEYO DEVELOPER are owned by CYO. CAMEYO DEVELOPER is protected by copyright laws and international treaty provisions. Except as permitted by applicable law and this License, you may not modify, rent, lease, loan, sublicense, or create derivative works from CAMEYO DEVELOPER.
. Disclaimer of Warranty on CAMEYO DEVELOPER. You expressly acknowledge and agree that use of CAMEYO DEVELOPER is at your sole risk. CAMEYO DEVELOPER is provided “AS IS” and without warranty of any kind and CYO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CYO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, CYO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CYO OR AN AUTHORIZED REPRESENTATIVE OF CYO’S SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT CYO OR AN AUTHORIZED REPRESENTATIVE OF CYO’S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CYO OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS LICENSE, EVEN IF CYO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CYO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID FOR THIS LICENSE TO THE SOFTWARE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
. Fault Tolerance. CAMEYO DEVELOPER is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines, or weapons systems, in which the failure of CAMEYO DEVELOPER could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). CYO specifically disclaims any express or implied warranty of fitness for High Risk Activities.
. Export Law Assurances. You may not use or otherwise export or reexport CAMEYO DEVELOPER except as authorized by United States law and the laws of the jurisdiction in which CAMEYO DEVELOPER was obtained. In particular, but without limitation, none of CAMEYO DEVELOPER may be used or otherwise exported or reexported (i) into (or to a national or resident of) a United States embargoed country or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders. By using CAMEYO DEVELOPER, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
. Government End Users. If CAMEYO DEVELOPER is supplied to the United States Government, CAMEYO DEVELOPER is classified as “restricted computer software” as defined in clause 52.227-19 of the FAR. The United States Government’s rights to CAMEYO DEVELOPER are as provided in clause 52.227-19 of the FAR.
. MISCELLANEOUS: If for any reason a court of competent jurisdiction finds any provision, or portion of this EULA, to be unenforceable, the remainder of this EULA shall continue in full force and effect. This EULA constitutes the entire agreement between the parties with respect to the use of CAMEYO DEVELOPER and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by CYO.