RETINAENGRAVE® SOFTWARE
END-USER LICENSE AGREEMENT (EULA)
This End-User License Agreement (“Agreement”) is a legal agreement between you (“Customer” or “You”) and Full Spectrum Laser, LLC (“FSL”) governing your use of the RetinaEngrave software, firmware, and related documentation (collectively, the “Software Product”).
BY INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE PRODUCT.
1. GRANT OF LICENSE
1.1 Software License
Subject to Customer’s compliance with the terms and conditions of this Agreement, upon shipment or delivery to Customer, Full Spectrum Laser (“FSL”) grants Customer a non-exclusive, non-transferable, non-sublicensable license to use the object-code version of the software delivered either with hardware products or as a standalone product, together with any accompanying documentation (“Documentation”), solely for Customer’s internal business use during the period specified in the applicable quote and order, as accepted by FSL (the “Use Period”).
The Use Period may be either perpetual (until termination of this Agreement) or term-based, as specified in the applicable quote or order.
Customer shall use the Software Product strictly in accordance with:
- the capacity, features, and units of measure set forth in the applicable quote and order;
- any supplementary terms of use set forth in a separate written agreement signed by both parties; and
- the Documentation.
1.2 Firmware License
Hardware products may include pre-installed or embedded software programming and/or microcode (collectively, “Firmware”).
Subject to Customer’s compliance with this Agreement, FSL grants Customer a non-exclusive, non-transferable license to use such Firmware at no additional charge, solely in connection with the specific hardware product with which the Firmware was provided.
Customer may not extract, copy, transfer, or use Firmware separately from the hardware device with which it was licensed and provided.
The Software License and Firmware License together constitute the “Software Product.”
2. OWNERSHIP
The Software Product is licensed, not sold.
FSL and its licensors retain all right, title, and interest in and to the Software Product, including all intellectual property rights.
You do not own the Software Product. If you purchased hardware from FSL, the Software Product is a separate licensed product bundled with the hardware.
You may not resell, sublicense, rent, lease, distribute, transfer, or assign the Software Product except as expressly permitted by this Agreement.
3. INSTALLATION AND USE
You may install and use the Software Product only on the specific hardware originally provided by FSL or replaced by FSL.
You may not install or use the Software Product on any other hardware or device.
4. NO USE WITH UNAUTHORIZED HARDWARE
You may not copy, install, or use the Software Product on any device not manufactured, supplied, or authorized by FSL or its authorized representatives.
5. NO COPYING, REVERSE ENGINEERING, OR DISASSEMBLY
Except to the extent prohibited by applicable law, You may not:
- copy the Software Product;
- reverse engineer, decompile, disassemble, or attempt to derive source code;
- modify, adapt, translate, or create derivative works; or
- bypass, disable, or interfere with any security or protection features.
6. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) AND ANTI-CIRCUMVENTION
You acknowledge and agree that the Software Product is protected by encryption, digital rights management (“DRM”), license enforcement mechanisms, hardware binding, activation systems, and other technological protection measures within the meaning of the Digital Millennium Copyright Act, 17 U.S.C. § 1201.
You may not, and you agree not to permit any third party to:
- circumvent, bypass, disable, remove, or otherwise impair any technological protection measures, encryption, DRM, license keys, activation systems, or security mechanisms;
- manufacture, import, distribute, offer, or provide any device, software, service, or code primarily designed or produced to circumvent such protection measures;
- access or attempt to access any restricted, encrypted, or protected portion of the Software Product without authorization; or
- modify the Software Product in any manner intended to defeat or avoid license enforcement, usage restrictions, or hardware binding.
Any violation of this section constitutes a material breach of this Agreement and may also constitute a violation of 17 U.S.C. § 1201(a) and (b) and other applicable laws, subjecting You to civil and criminal penalties.
FSL reserves the right to seek injunctive relief, damages, attorneys’ fees, and all other remedies available at law or in equity.
7. DISTRIBUTION
You may not distribute, sublicense, rent, lease, lend, or provide the Software Product to any third party.
Software downloads, updates, and licenses may only be distributed directly by FSL or its authorized partners.
8. FEES AND SUSPENSION FOR NON-PAYMENT
Any unpaid balance owed to FSL may result in suspension or termination of your Software Product license until all amounts are paid in full.
9. TERMINATION
This Agreement is effective until terminated.
FSL may immediately terminate this Agreement and your license if You breach any term of this Agreement.
Upon termination, You must cease all use of the Software Product, uninstall and delete all copies, and return or destroy all Documentation and license materials.
10. DISCLAIMER OF WARRANTIES
THE SOFTWARE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FSL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL FSL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION.
FSL’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE PRODUCT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12. GOVERNING LAW AND DISPUTES
This Agreement shall be governed by the Federal Arbitration Act and the laws of the State of Nevada.
All disputes shall be resolved by binding arbitration administered by JAMS in Clark County, Nevada, on an individual basis only. Class and representative actions are not permitted.
13. ADDITIONAL TERMS
This Agreement incorporates by reference FSL’s Terms and Conditions available at: