END USER LICENSE AGREEMENT
This copy of PulseKraft (the "Software" or "Software Product"), accompanying documentation and web services are licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. KopterKraft OÜ or its subsidiaries, affiliates, and suppliers (collectively "KopterKraft" or “Licensor”) own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
This agreement becomes effective on May 23, 2017. Material changes to this Agreement will be notified 30 days in advance on this page.
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
Underlying parts of the software are provided under separate licenses, as follows:
DJI Mobile SDK, DJI Onboard SDK
BESIDES THIS AGREEMENT, ALSO THE END USER LICENSE AGREEMENT (EULA) OF THE UNDERLYING PARTS, THE DJI SOFTWARE DEVELOPER KITS (DJI MOBILE SDK AND DJI ONBOARD SDK ARE APPLIED AND YOU AGREE TO USE THE SOFTWARE SOLELY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SDK END USER LICENSE AGREEMENT THAT CAN BE FOUND HERE: https://developer.dji.com/policies/eula/
The boot image of the onboard device is based on RASPBIAN Jessie Lite. Further information including license information can be found here: https://www.raspberrypi.org/downloads/raspbian/
This Agreement entitles you to install and use the number of licensed copies of the Software Product. Licenses can be granted temporarily (e.g. as 30 day trial license) or perpetual by paying a license fee.
Upgrades, Updates and Fixes
Licensor may provide from time to time Upgrades (containing new features or major improvements), Updates (containing minor new features or minor improvements) or Fixes (bug removal or minor improvements impairing the Software’s functionality) according to his sole discretion. Licensee hereby warrants to keep the Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
Software is provided under an “AS-IS” basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in the Software.
If users provide feedback and suggestions for improvements / feature requests, no compensation for this feedback or suggestions can be expected.
Collection and Transfer of Personal or Device related Data
Restrictions on Transfer
Without first obtaining the express written consent of KopterKraft, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on more than the number of licensed devices.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
For the avoidance of doubt, you agree that you shall at all times strictly comply with all applicable laws, rules and regulations and shall not threaten the safety of national security, public security, or the health, privacy, or safety of any person.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
YOU AGREE THAT THE SOFTWARE IS PROVIDED “AS IS”. UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY KOPTERKRAFT, KOPTERKRAFT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
KopterKraft makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. KopterKraft makes no warranty that operation of the Software Product will be secure, error free, or free from interruption.
YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. KOPTERKRAFT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL KOPTERKRAFT, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF KOPTERKRAFT OR ANY OTHER PARTY, EVEN IF KOPTERKRAFT IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS KOPTERKRAFT'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Reservation of Rights
As stated in DJI’s EULA for the underlying SDK, you acknowledge and agree that the form and nature of the SDK that DJI provides, may change without prior notice to you and that future versions of the SDK may be incompatible with PulseKraft. You acknowledge and agree that DJI may stop providing the SDK or any features of the SDK permanently or temporarily to you or users generally at DJI’s sole discretion, without prior notice to you. As a result, this may also permanently or temporarily stop features of PulseKraft software. You also acknowledge and agree that changes in the firmware of DJI devices or the devices used to execute the PulseKraft software may change at any time without prior notice to you which may result in partially or total loss of functions provided by PulseKraft software.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of KopterKraft. KopterKraft reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If KopterKraft is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by KopterKraft to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold KopterKraft harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Germany, without regard to Germany's conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.