Terms of Use

By installing, using, or purchasing the EyeDash software, you acknowledge that you have read, understood, and agree to these Terms of Use.

 

Updated on 19-01-2025

These Terms of Use (“Agreement”) are entered into by and between Dataware Systems Inc., the provider of the EyeDash product (“Dataware,” “we,” “our,” or “us”), and you, the purchaser and user of the EyeDash software (“Customer,” “you,” or “your”). By installing, using, or purchasing EyeDash, you agree to comply with and be bound by the following terms and conditions.

1. License Grant Subject to your compliance with this Agreement, Dataware Systems Inc. grants you a non-exclusive, non-transferable license to install and use the EyeDash software on your premises in accordance with the terms and conditions outlined in this Agreement. EyeDash is offered in four versions: EyeDash Lite, EyeDash Pro, EyeDash Pro+, and EyeDash Enterprise. The features and limitations of each version are specified separately and correspond to the version you have purchased.

2. License Scope The scope of use depends on the version you have purchased:

  • EyeDash Lite: Limited functionality suitable for small-scale installations.
  • EyeDash Pro: Designed for medium-scale installations with additional features and support.
  • EyeDash Pro+: Offers advanced functionality and enhanced features for larger deployments.
  • EyeDash Enterprise: Full-featured, scalable solution for large enterprises with extensive integration needs and customizability.

You may not use the software for any purpose outside of the intended functionality of the purchased version, nor may you modify, decompile, reverse-engineer, or distribute the software without explicit permission from Dataware Systems Inc.

3. Installation and Activation You are responsible for the installation and configuration of EyeDash software on your premises. The software is licensed for a single installation per license key. The activation of the software may require internet access for license validation. Unauthorized reinstallation or use of the software beyond the scope of the purchased license is prohibited.

4. Support and Maintenance Dataware Systems Inc. offers technical support and maintenance services in accordance with the support plan that accompanies your version of EyeDash. Support is available during normal business hours and is provided as per the terms of the applicable support agreement. Updates and upgrades to the software may be provided at Dataware’s discretion, subject to the terms of your purchase.

5. Ownership and Intellectual Property All intellectual property rights related to EyeDash, including but not limited to the software, documentation, and associated materials, are owned by Dataware Systems Inc. and are protected by applicable intellectual property laws. You do not acquire any rights, title, or interest in the software, other than the limited license granted under this Agreement.

6. Payment and Fees The purchase of EyeDash software is subject to the payment of applicable fees, as specified in the purchase agreement. Fees are non-refundable, except as required by law or as provided for under Dataware’s refund policy. Dataware reserves the right to change the pricing or licensing terms at its discretion for future versions or renewals.

7. Customer Responsibilities You agree to use the software in compliance with all applicable laws and regulations. You are solely responsible for ensuring the appropriate installation, operation, and security of EyeDash on your premises. You are also responsible for any third-party products or services integrated with EyeDash.

8. Termination Dataware Systems Inc. reserves the right to terminate this Agreement if you breach any of its terms. Upon termination, you must immediately cease using the software and uninstall it from all devices. Termination does not affect any rights or obligations accrued prior to termination.

9. Limitation of Liability In no event shall Dataware Systems Inc. be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profit, data, or business interruption, arising from or related to the use or inability to use EyeDash software, even if Dataware has been advised of the possibility of such damages.

10. Warranty Disclaimer The software is provided “as is,” without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose. Dataware does not warrant that the software will be error-free or operate without interruption.

11. Governing Law and Dispute Resolution This Agreement shall be governed by the laws of the state or jurisdiction in which Dataware Systems Inc. is incorporated, without regard to its conflict of law principles. Any disputes arising from this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, or another mutually agreed-upon method.

12. Modifications to Terms Dataware Systems Inc. reserves the right to modify these Terms of Use at any time. Any modifications will be posted on our website or communicated to you directly. Continued use of the software after such modifications constitutes your acceptance of the updated terms.

13. Contact Information For any inquiries regarding these Terms of Use, or if you need technical support, please contact:

Dataware Systems Inc.
Dearborn Heights, MI