Bad Elf Hardware EULA

END USER LICENSE AGREEMENT FOR BAD ELF FLEX/FLEX MINI GNSS RECEIVER

Last modified 1/1/2024

IMPORTANT - READ CAREFULLY: This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Bad Elf, LLC ("Bad Elf") for the use of the Bad Elf Flex Mini GNSS Receiver ("Product"). By using the Product, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not use the Product.

LICENSE GRANT

Subject to the terms and conditions of this Agreement, Bad Elf hereby grants to you a limited, non-exclusive, non-transferable, revocable license to use the Product solely for your personal, non-commercial use. This license does not prohibit the sale or lease of the Product.

OWNERSHIP

You acknowledge that the Product and all intellectual property rights associated therewith are the exclusive property of Bad Elf and its licensors, and that this Agreement conveys no ownership or intellectual property rights in the Product. You agree not to remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Product.

RESTRICTIONS

You agree that you will not (a) copy, modify, adapt, translate, or create derivative works based on the Product; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Product to any third party, except as permitted by applicable law; (c) use the Product for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Product; or (d) use the Product to develop a competing product or service.

TRANSMISSION, PROCESSING, AND USE OF DATA

You understand that your use of the Product may require the collection, processing, use, and/or transmission of personal information by Bad Elf.  Bad Elf is not responsible for any electronic communications and/or personal information which is delayed, lost, altered, intercepted, or stored during the transmission of any data by means of third party networks (other than third parties providing computing or storage services under this EULA on behalf of Bad Elf). Without limiting your rights and remedies under this EULA, you acknowledge that personal information may be processed by Bad Elf and stored, used, and processed using online hosting services selected by Bad Elf.

Notwithstanding anything to the contrary, and subject to the provisions of Bad Elf privacy policies, Bad Elf shall have the right to collect, analyze, and derive data and other information relating to the provision, use and performance of various aspects of the Product and related systems and technologies (including, without limitation personal information and data derived therefrom) and Bad Elf will be free in perpetuity to: (i) use such information and data to improve and enhance the Product and for other development, diagnostic, and corrective purposes in connection with the Product and other Bad Elf offerings; and (ii) use and/or disclose such data and other information relating to the provision, use, and performance of various aspects of the Product and related systems and technologies (including, without limitation, personal information and data derived therefrom) or derivatives thereof solely in connection with its business.

WARRANTY DISCLAIMER

THE PRODUCT IS PROVIDED "AS IS" AND BAD ELF DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. BAD ELF DOES NOT WARRANT THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL BAD ELF BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR USE OR INABILITY TO USE THE PRODUCT, EVEN IF BAD ELF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BAD ELF'S LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT.

TERMINATION

This Agreement will terminate automatically if you fail to comply with any of its terms and conditions. Upon termination, you agree to immediately cease all use of the Product and destroy all copies of the Product in your possession.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to its conflict of laws provisions.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Bad Elf with respect to the Product and supersedes all prior or contemporaneous agreements, representations, warranties and understandings, whether oral or written, relating to the Product.

By using the Product, you acknowledge that you have read this Agreement.