OptiFlow EULA

Effective Date: November 1st 2024

PLEASE READ THIS END-USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE INSTALLING OR USING THE OPTIFLOW SOFTWARE ("SOFTWARE"). BY INSTALLING, COPYING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE.

1. Ownership and License Grant

1.1. Ownership: The OptiFlow Software is created and owned by Kurt Electronics Inc. ("Kurt Electronics"). All intellectual property rights associated with the Software remain the property of Kurt Electronics or its licensors.

1.2. Scope of License: Kurt Electronics grants you a non-exclusive, non-transferable, limited license to install and use the Software on a single device for personal or business purposes in accordance with this EULA.

1.3. Restrictions: You may not:

  • Decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software.
  • Modify, adapt, translate, or create derivative works of the Software.
  • Rent, lease, lend, sell, redistribute, sublicense, or transfer the Software to any third party.
  • Use the Software in violation of any applicable laws or regulations.

2. Installation and Use

2.1. The Software may only be installed on devices running supported versions of Windows or macOS operating systems as specified in the Software’s documentation.

2.2. You are responsible for ensuring the security and proper functioning of the device on which the Software is installed.

3. Updates and Upgrades

3.1. Kurt Electronics may, at its sole discretion, provide updates or upgrades to the Software. Such updates or upgrades are governed by this EULA unless accompanied by a separate license agreement.

3.2. Kurt Electronics is not obligated to provide technical support, updates, or upgrades unless explicitly stated in a separate agreement.

4. Termination

4.1. This EULA is effective until terminated. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.

4.2. Upon termination, you must immediately uninstall and destroy all copies of the Software in your possession.

5. Disclaimer of Warranties

5.1. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK.

6. Limitation of Liability

6.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KURT ELECTRONICS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE.

7. Data Collection and Privacy

7.1. The Software may collect and process certain data as described in Kurt Electronics’ Privacy Policy. By using the Software, you consent to such collection and processing.

8. Governing Law

8.1. This EULA shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

9. Entire Agreement

9.1. This EULA constitutes the entire agreement between you and Kurt Electronics regarding the Software and supersedes any prior agreements or understandings.

Contact Information

For any questions or concerns regarding this EULA, please contact Kurt Electronics at: