LICENSE.txt

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END-USER LICENSE AGREEMENT FOR PARINSULA SOFTWARE

Thank you for your interest in Parinsula! Before using the software, please read this document carefully. By downloading or installing the software, clicking “I agree,” or using Parinsula, you indicate that you have read and understood the document and that you accept and agree to be bound by all of the terms and conditions contained in this end-user license agreement.

This end-user license agreement (EULA) is a legal agreement between you (hereafter referred to as “the end user” or “you”) and Cognitive Firewall LLC (hereafter, “Cognitive Firewall,” “we,” or “us”) governing the use of Parinsula (hereafter, “Parinsula” or “the Software”), including all of its files, data, and accompanying materials. Cognitive Firewall licenses use of the Software to you on the basis of this EULA. We do not sell the Software to you. The software is copyrighted, trade-secret, and confidential information of Cognitive Firewall or its licensors, and we remain the owner of the Software at all times. If you do not agree to all of the terms and conditions of this EULA (or fail to satisfy the eligibility requirements described in Section 8), we do not license use of the Software to you and you are not authorized to download, possess, copy, install, execute, distribute, or otherwise use it.

1. Grant and extent of license. In consideration of your acceptance of this EULA and of your agreement to abide by all of its terms and conditions, we grant you a non-transferable, non-exclusive license to use the Software subject to the terms of this EULA and to all other licenses, rules, and policies incorporated into it by reference (including the licenses, terms, conditions, and policies applied by Unity Technologies and any authorized website or platform from which you obtained the Software, as noted in Section 4 below). We reserve all other rights. You may only run and display the Software on devices for your own personal purposes. The Software is licensed to you at no charge.

2. License restrictions. You agree: (a) not to copy the Software, except when such copying is incidental to normal use of the Software or is necessary for purposes of file backups or information security; (b) not to sell, rent, lease, sub-lease, loan, distribute, translate, merge, adapt, vary, or modify the Software or upload it to any web servers; (c) not to alter or modify any part of the Software or to permit the Software or any part of it to be combined with or become incorporated into any other programs; (d) not to disassemble, decompile, or reverse-engineer the Software or create derivate works based on the Software; (e) not to use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA (for example, by inserting viruses, malicious code, or harmful data into the software); (f) not to use the Software in a way that could damage, disable, overburden, impair, or compromise any devices on which it is installed or any other devices; (g) not to infringe our intellectual property rights or those of any third party (including Unity Technologies); and (h) to comply with US, EU, and all other applicable technology control or export laws and regulations. You specifically represent and warrant that you will not export, re-export, sell, supply, or transfer the Software (a) to any country or person to which the United States or European Union has embargoed or restricted provision of the Software or any of the technology used in or supported by it, (b) to nationals of those countries, (c) to any other embargoed or restricted destination or person, or (d) for any other embargoed or restricted end use.

3. Proprietary rights. You acknowledge that all intellectual property rights in the Software anywhere in the world belong to us or our licensors (e.g., Unity Technologies) and that you have no rights in or to the Software other than the right to use it in accordance with the terms of this EULA. You acknowledge that you have no right to have access to the Software in source-code form.

4. Third-party licensors. Parinsula was developed with the aid of Unity Technologies’ Unity Software. By entering into this EULA or downloading, possessing, copying, installing, or executing Parinsula, you agree to be bound by all relevant licenses, terms, conditions, and policies applied by Unity Technologies, including but not limited to the Unity Terms of Service (of which a copy is currently found at https://unity3d.com/legal/terms-of-service) and the Unity Software Additional Terms (of which a copy is currently found at https://unity3d.com/legal/terms-of-service/software), which are incorporated into this EULA by reference. You agree that you will not disassemble, decompile, or reverse-engineer the Software or any part thereof and that you will not access, install, copy, distribute, or otherwise utilize or exploit or attempt to utilize or exploit the Software in any ways other than those expressly permitted by the licenses, terms, conditions, and policies applied by Unity Technologies to computer programs produced through the use of Unity Software. You may also have obtained your copy of Parinsula from an authorized third-party website or platform (such as GitHub, the Google Play app store, or the Apple App Store) where we made the Software was made available for acquisition; you agree that you will not use the Software in any way that violates the licenses, terms, conditions, or policies applied by any such third-party website or platform through which you obtained the Software, which are incorporated into this EULA by reference.

5. Disclaimer of warranty. The Software is distributed “AS IS” and with no warranties of any kind, whether express or implied. You assume all risk of using the Software. This disclaimer of warranty constitutes an essential part of this EULA.

6. Indemnity and disclaimer of liability. The Software is provided to you at no charge. We only license the Software for domestic, personal, and private use. You agree not to use the Software for any organizational, commercial, business, or resale purposes. In no event do we authorize you to use the Software in applications or systems where the Software’s failure to perform may result in a physical injury or loss of life. Cognitive Firewall and its licensors shall have no liability for any damages whatsoever. Without limiting the foregoing, in no event shall Cognitive Firewall or its licensors, owners, members, officers, employees, affiliates, contractors, or parent organizations be liable for any direct, punitive, exemplary, indirect, special, incidental, consequential, or any other damages, whether based on contract, tort, or any other legal theory. We have no liability to you for any loss of data, loss of profit, loss of business or business opportunity, operational interruption, or other damages relating to use of the Software. You agree to indemnify and hold harmless Cognitive Firewall and its licensors, employees, contractors, officers, and members from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, or expenses (including attorneys’ fees) that arise from your use or misuse of the Software, violation of this EULA, or violation of any rights of a third party.

7. Termination. This EULA remains effective until terminated. You may terminate this agreement at any time. The EULA will immediately terminate if you exceed the scope of the license granted or otherwise fail to comply with any of the EULA’s provisions. We may terminate this EULA immediately at any time. Upon termination of the EULA, all rights granted to you under the EULA shall cease and you must immediately cease all activities previously authorized by this EULA, including your use of the Software. You agree that upon termination of the EULA, you will delete any and all copies of the software that you possess. Sections 1-6 and 8-9 will survive any termination of this EULA.

8. Eligibility. You represent to us that (a) you are at least the age of majority under applicable law or that, if a minor, you possess the legal consent of a parent or legal guardian; (b) you are not a person whom the United States, European Union, or authority of competent jurisdiction has restricted from acquiring or using the Software or any of the technology contained within or supported by it; and (c) you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this EULA and to abide by and comply with it.

9. Other important items. This EULA constitutes the entire statement of the agreement between you and us on the subject matter, and it merges and supersedes all other or prior understandings, agreements, and arrangements. We may transfer our rights and responsibilities under this EULA to another organization; however, doing so will not affect your rights or obligations under the EULA. Our failure to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. Each of the terms and conditions of this EULA operates separately; if any court or authority of competent jurisdiction finds that any provision of this EULA is unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. This EULA, its subject matter, and its formation shall be governed by the laws of the State of Indiana and of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Software or this EULA.

This EULA was prepared on August 22, 2019.
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