END USER LICENCE AGREEMENT
TERMS AND CONDITIONS
Thank you for your interest in using ZOGEN5 software applications offered by ZUPPA OEG GEN5 TECHNOLOGIES PVT LTD (“ZOGEN5”), a company duly incorporated in Chennai, India.
This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single duly organised and validly existing entity under the laws of the country in which you are incorporated and/ or formed) and ZUPPA OEG GEN5 TECHNOLOGIES PVT LTD (“ZOGEN5”) (herein referred to as "ZOGEN5", "we", or "us") provided with this EULA.
In the following, the software applications ZOGEN5 “DISHA” (ground control application and desktop data management application) is referred to collectively as “ZOGEN5 Software”. Please read the following terms and conditions carefully. By clicking “Accept” or by using the ZOGEN5 Software or any of the products, software, data or services provided to you through the ZOGEN5 Software (together with ZOGEN5 Software, the “Service”), you acknowledge that you have read, understood, and agreed to be bound by the following terms and conditions (together, the “Terms”). If you are not eligible or do not agree to any of the Terms, then you may not use the Service.
ZOGEN5 provides unmanned aerial vehicles (UAVs) and the firmware contained therein, software for flight planning and data pre- and post-processing and analysis, as well as related physical products (collectively, “ZOGEN5 Hardware”)
You acknowledge and agree as provided in further detail in these terms that:
ZOGEN5 Software is licensed, not sold to you, and that you may use the Service only as set forth in these Terms. The aforementioned license is a non-exclusive, non-transferable, non-perpetual, non-sublicensed, non-sublicensable, non-commercial, and personal license to use the Service, in whole or in part, for such time until either you or ZOGEN5 terminates this EULA. You must in no event use, nor allow others to use or make use of, the Service or this license for commercial purposes without obtaining a license to do so from ZOGEN5.
The Service is provided “as is” without warranties of any kind and ZOGEN5™s liability to you is limited to the extent permitted by law.
1. ZOGEN5 Software and Service Overview
You may use ZOGEN5 Software to control ZOGEN5 Hardware in flight. You may also use ZOGEN5 Software to plan flight paths, to process flight data and aerial images, to upload images taken by cameras on certain ZOGEN5 Hardware to web-based hosting platforms and to perform other related services.
You must be at least 18 years of age to use the Service, including ZOGEN5 Software. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations.
If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization. You further represent and warrant that through such use, you will not be in contravention of any applicable laws and/ or your organization’s policies/ rules. You further expressly indemnify ZOGEN5 from any/all liabilities and/or implications arising out of your use of the Service for your organization and expressly undertake and agree that ZOGEN5 cannot be held responsible for your use of the Service for your organization.
3. Your Obligations
You are responsible for obtaining and maintaining all hardware and other communications equipment (including ZOGEN5 Hardware) needed to access or use the Service. You agree that:
(a) you will use each ZOGEN5 Hardware only in conformity with the applicable ZOGEN5 user manual and safety guidelines.
(b) you will use and maintain with due care, and will not deface, modify, use, or operate any ZOGEN5 Hardware in any illegal manner or for any illegal purpose in violation of any applicable international, federal, state, or local law or regulation that might be applicable.
(c) you will not (and will not permit others to) remove, deface, or otherwise obstruct any regulatory or certification markers affixed to ZOGEN5 Hardware; and
(d) each ZOGEN5 Hardware item will only be repaired subject to ZOGEN5’s express written authorization and in accordance with ZOGEN5’s instructions and requirements. When using ZOGEN5 Software to operate ZOGEN5 Hardware, you agree to abide by all relevant statutes, rules, and regulations set forth by government, law enforcement, and regulatory agencies, including without limitation and as applicable the International Civil Aviation Organization (ICAO) and the Directorate General of Civil Aviation (DGCA). You agree to comply with all flight limitations, which may include height limits, distance limits, visual line of site, and No-Fly Zones. You agree that it is your responsibility to check with local authorities to confirm that your proposed flight path and plan conform with applicable laws and regulations and that your receipt and use of any Flight Environment Data (as defined below) does not relinquish this independent obligation. Before operating ZOGEN5 Hardware using ZOGEN5 Software, you agree that you understand the nature of your flight operation (e.g. for public use, or for commercial use) and you further agree to obtain all required approval and clearance from the related government agencies before flight. You should consult with your local regulators for comprehensive definitions and specific requirements. For specific countries ZOGEN5 may stipulate further rules and regulations which will be highlighted to you in an appropriate manner. When using ZOGEN5 Software to operate ZOGEN5 Hardware, you acknowledge and agree that you are solely responsible for ensuring that your use of the ZOGEN5 Hardware is conducted safely and in accordance with all local laws and regulations. By using ZOGEN5 Software, and by entering into these Terms, you represent and warrant that your use of ZOGEN5 Software complies and will comply with all applicable laws, statutes, and regulations, and that you will not use ZOGEN5 Software except as expressly permitted under these Terms.
You understand and acknowledge that updates, upgrades, patches, and modifications may be necessary from time-to-time in order to be able to continue to use the ZOGEN5 Software and Hardware and it is your responsibility to ensure such updates, upgrades, patches, and modifications are duly applied as and when they are made available by ZOGEN5. Such updates, upgrades, patches, and modifications will become part of the Service and subject to the EULA. Notwithstanding the foregoing, ZOGEN5 shall have no obligation under this EULA or otherwise to provide any such updates, upgrades, patches, and modifications. You understand that ZOGEN5 may cease supporting old versions or releases of the Service at any time in its sole discretion.
4. Flight Environment Data
ZOGEN5 Software may include features that provide you with certain airspace and geographical data, such Flight & Environment Data is provided to you by ZOGEN5 as a courtesy to you and for your informational purposes only – YOU MUST NOT RELY ON THE FLIGHT ENVIRONMENT DATA. You agree to consult and rely only upon official sources of aviation, agency, governmental and other aeronautical and geospatial information other than the Flight Environment Data in connection with your operation of any ZOGEN5 Hardware. The fact that ZOGEN5’s Flight Environment Data may not report a flight restriction in your intended operating area does not guarantee that your flight is safe or that it is legal to operate ZOGEN5 Hardware in that location.
You agree that you are solely responsible for the safety of your flight operation, including but not limited to obtaining any required governmental authorizations and maintaining a safe distance from manned and unmanned aircraft traffic, structures, vehicles, ground hazards, infrastructure, emergency personnel and people on the ground, and exercising reasonable judgment when evaluating whether or not it is safe to operate ZOGEN5 Hardware at a given time or place. ZOGEN5 is under no obligation to restrict you from flying your ZOGEN5 Hardware in areas that pose safety or security concerns. In some instances, however, ZOGEN5 may limit or disable the operation of the ZOGEN5 Hardware in locations that raise safety or security concerns and these locations may change with or without notice when ZOGEN5 determines that a location raises a safety or security concern.
5. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
(i) use the Service for any illegal purpose or in violation of any local, state, national, or international law;
(ii) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;
(iii) interfere with security-related features of the Service, including by:
(a) disabling or circumventing features that prevent or limit use or copying of any content; or
(b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
(iv) interfere with the operation of the Service or any user’s enjoyment of the Service, including by:
(a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code;
(b) making any unsolicited offer or advertisement to another user of the Service;
(c) attempting to collect personal information about another user or third party without consent; or
(d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
(v) perform any fraudulent activity in connection with your obtaining or using the Services, including impersonating any person or entity, claiming a false affiliation, accessing any other ZOGEN5 account without permission, or falsifying your age or date of birth;
(vi) Sell, rent out, lease, license, distribute, market, exploit the Service or any of its parts commercially, or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 9) or any Flight Environment Data, or any right or ability to view, access, or use any Materials or any Flight Environment Data;
(vii) attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section 5;
(viii) export or re-export the ZOGEN5 Hardware and/ or Software or any copy of adaptation in violation of any applicable laws or regulations.
(ix) create, supply, or use alternative methods of using the Service, for example server emulators, or use any robot, spider, other automatic device, or manual process to monitor or copy the Service without prior written permission of ZOGEN5.
(x) take any action that imposes an unreasonably or disproportionately large load on ZOGEN5’s infrastructure/ network.
6. Termination / Discontinuation / Modifications
If you violate any provision of these Terms, your permission from us to use the Service, including ZOGEN5 Software & hardware, will terminate automatically. In addition, ZOGEN5 may in its sole discretion terminate your ZOGEN5 account or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service or features of the Service at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. Without limiting the foregoing, you understand and agree that in any termination or suspension of your account or the Service, you will not have access to any data or content recorded using the Service or otherwise contained in the Service, and we will have no responsibility to provide you access to such data or content. You may terminate your ZOGEN5 account at any time by contacting customer service at support@ZOGEN5.com.
7. Third party services
The SOFTWARE PRODUCT may display, include or make available third-party content, including data, information, applications and other products services ("Third-Party Services").
You acknowledge and agree that ZOGEN5 shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. ZOGEN5 does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Note that the Hardware warranties under 90 days and the user manual (incl. safety guidelines), are valid as an integral part of these Terms, and are made part of these Terms by this reference.
10. Amendments of these Terms
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modified Terms of this EULA are effective upon its publication. If we make material changes to the Terms, we will attempt to provide you reasonable notice before such changes become effective. However, it is your duty to keep yourself abreast of the changes to the Terms of this EULA. By continuing using the Service, you agree to be bound by the updated, amended, or modified Terms. If you do not agree to be bound by the modified Terms, you must immediately cease your use of the Service. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
11. Intellectual Proprietary Rights
The Service is owned and operated by ZOGEN5. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by ZOGEN5 are protected by intellectual property and other laws. All Materials contained in the Service are the property of ZOGEN5 or our third-party licensors. Except as expressly authorized by ZOGEN5, you may not make use of the Materials. ZOGEN5 reserves all rights to the Materials not granted expressly in these Terms.
Subject to compliance with this EULA, ZOGEN5 grants to you a non-exclusive, non-transferable, non-sub licensable, revocable, and limited license to use the Materials in accordance with this EULA. Any reproduction or representation of these licensed Materials in any way and for any reason is prohibited without ZOGEN5’s prior permission. This license confers no title or ownership in the Materials and should not be construed as a sale of any rights in the Materials.
You are responsible for your use of the Service. You will defend and indemnify ZOGEN5 and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “ZOGEN5 Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
IF NOT STATED OTHERWISE IN THE HARDWARE WARRANTY, THE SERVICE AND ALL MATERIALS, FLIGHT ENVIRONMENT DATA, AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ZOGEN5 ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS, FLIGHT ENVIRONMENT DATA, AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ZOGEN5 ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE ZOGEN5 ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND ANY MATERIALS, FLIGHT ENVIRONMENT DATA, OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR ZOGEN5 HARDWARE USED IN CONNECTION WITH THE SERVICE) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
14. Limitation of Liability
IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE ZOGEN5 ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ZOGEN5 ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15. Governing Law
These Terms are governed by the laws of India without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and ZOGEN5 agree to submit to the personal and exclusive jurisdiction of the courts located in Chennai, India, for the purpose of litigating any dispute.
These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and ZOGEN5 regarding your use of the Service. ZOGEN5 reserves the right to amend, adjust, supplement, or remove its Terms at any time. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.
17. Contact Information
The Service is offered by ZOGEN, with offices. You may contact us by sending correspondence to that address or by emailing us at support@ZOGEN5.com.