EYEWARE TECH SA – GazeSense EULA

Version: 22 September 2017

1. Scope and Acceptance
The present EULA governs the Licensee’s rights
and obligations with respect to the GazeSense
software, including any documentation related
thereto, made available by the Licensor to the
Licensee, whether in the form of a software
application, of a software accessed through an
application programming interface (API) or of a
software development kit (SDK) (the Licensed
Products).
This EULA does not govern any services the
Licensor may provide with respect to the Licensed
Products under one or more separate agreements,
such as integration, support and maintenance
services. If, within the frame of such services, the
Licensor provides to the Licensee any bugfixes,
patches, updates, upgrades, developments or the
like, subject to express agreement to the contrary,
they shall, however, automatically become part of
the Licensed Products governed hereunder.
By (i) installing the Licensed Products from any
physical data carrier; (ii) downloading the Licensed
Products; or (iii) otherwise using the Licensed
Products, including as embedded in any product
provided by the Licensor or a third party, the
Licensee expressly agrees to be bound by the
terms hereof.
For the sake of clarity, if the Licensee is a legal
entity, any order, download, installation, activation
or use of the Licensed Products by any of its
employees, agents or representatives, on behalf of
the Licensee, is deemed as acceptance of the
terms of this EULA by the Licensee. If you are
ordering, downloading, installing, activating or
using the Licensed Products on behalf of a legal
entity, you represent and warrant that you are duly
authorized to do so.

2. Legal Compliance
The Licensee shall at all times comply with all laws
and regulations applicable to its use of the

Licensed Products and not abuse the Licensed
Products for any illegal purposes.


3. Indemnification

The Licensee shall defend, hold harmless from,
and indemnify the Licensor, its directors, officers,
employees and auxiliaries, from and against all
liability, loss, cost, damage or expense, including
reasonable attorney's fees, resulting from the
Licensee’s use of the Licensed Products other
than as permitted under this EULA and strictly in
accordance with any documentation provided for
the Licensed Products, including any claims made
by any third parties.
In case of any claims or proceedings made against
the Licensor, its directors, officers, employees or
auxiliaries in relation to the Licensee’s use of the
Licensed Products, the Licensor shall (i) inform the
Licensee without undue delay; and (ii) allow the
Licensee to take over full control over the defence
and settlement of such claims or proceedings at its
own expense, provided that the Licensee shall not
be authorized to accept any settlement implying
any fault and/or liability on the part of the Licensor,
its directors, officers, employees or auxiliaries.


4. Data Protection

The Licensor complies with applicable data
protection legislation.
All data generated through the use of the Licensed
Products remains and is processed exclusively on
the Licensee’s equipment.
No data, in particular, no personal data related to
the use of the Licensed Products is collected or
otherwise processed by the Licensor.
The Licensor may however collect and process
personal data from the Licensee if and only to the
extent strictly necessary for the provision of the
Licensed Products to the Licensee and to receive
payment of the License Fees from the latter.


5. Governing Law and Jurisdiction

Governing Law. Subject to mandatory applicable
law, this EULA shall be governed by and
construed in accordance with Swiss substantive
law, at the exclusion of its conflict of laws
provisions.
Jurisdiction. Subject to mandatory applicable law,
any dispute or controversy arising out of or in
relation to this EULA and/or the Licensee’s use of
the Licensed Products shall be subject to the
exclusive jurisdiction of the competent courts at
the principle place of business of the Licensor.
Notwithstanding the preceding, nothing in this
EULA shall prevent the Licensor from seeking
injunctive relieve or any other remedy available at
law in any jurisdiction in case of any infringement
of its intellectual property rights.