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End-User License Agreement (EULA)

1. Parties and Purpose

This End-User License Agreement (“Agreement”) is between the Licensor, RealTime CNC, a corporation organized and existing under the laws of Ontario, and you, the end user (“you”). It governs your use of the Licensor’s device ( the “Device”) firmware and accompanying software (collectively, the “Software”) and any related firmware updates or documentation supplied with the device (the “Licensed Materials”).

2. Acceptance

BY UNBOXING, INSTALLING, COPYING, ACCEPTING THE DIGITAL VERSION OF THIS DOCUMENT AS PRESENTED IN THE SOFTWARE, OR OTHERWISE USING THE DEVICE OR SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND REMOVE IT FROM YOUR SYSTEMS. YOU MAY RETURN THE PRODUCT, SUBJECT TO THE APPLICABLE RETURN POLICY. MODIFIED OR DAMAGED PRODUCTS ARE SUBJECT TO APPROVAL BEFORE RETURN. REALTIME CNC RESERVES THE RIGHT TO MODIFY THIS EULA IN THE FUTURE AND MAY REQUIRE USERS TO ACCEPT THE NEW AGREEMENT FOR CONTINUED USE OF THE PRODUCT.

3. License Grant

The Licensor grants you a limited, non-exclusive, revocable license to install and use the Licensed Materials on the device(s) you own or control, and to use the Licensed Materials in accordance with this Agreement and any accompanying documentation.

The license is for personal or internal business use only, and does not permit distribution, rent, lease, or sublicensing to third parties without the Licensor’s prior written consent.

You may permanently transfer all your rights under this EULA only as part of a permanent sale or transfer of the device and software provided the recipient agrees to the current EULA terms.

4. Restrictions on Use

You agree not to, and you will not permit others to:

  1. Modify or Reverse Engineer:
    1. You shall not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software or Firmware (except to the extent applicable law specifically prohibits such restriction).
    2. You shall not modify, create derivative works of, or copy the Software or Firmware beyond what is necessary to operate the device.
  2. Separate Components or Alter:
    1. You shall not separate the Software or Firmware from the Device to use it on any other hardware or device.
    2. You shall not remove, alter, or obscure any proprietary notices or copyright marks
  3. Distribute or Transfer:
    1. You shall not rent, lease, lend, sell, redistribute, sublicense, lease or otherwise convey the Licensed Materials to any third party, except as expressly authorized by the Licensor.
  4. Circumvent Security or Violate Applicable Law:
    1. You shall not bypass, modify, defeat, or circumvent any security measures or digital rights management functions in the Software.
    2. You shall not use the Licensed Materials in any manner that violates applicable law or that could damage the Licensor’s business or reputation.

5. Ownership and Intellectual Property

The Software is licensed, not sold. All rights, title, and interest in and to the Licensed Materials (including all intellectual property rights) remain with the Licensor or its licensors. Your use of the Licensed Materials does not grant you any ownership rights.

6. Updates and Upgrades

The Licensor may provide updates, upgrades, patches, or fixes from time to time. Updates may modify or replace existing features and may be required for continued operation.

The Licensor may discontinue support for older versions.

7. Activation and Connectivity

You may be required to activate the Licensed Materials or register your device. You agree to provide accurate information and to comply with any activation terms.

The Licensed Materials may communicate with Licensor servers for validation, telemetry, or feature enabling. You consent to such communications where disclosed in the accompanying documentation.

8. Term and Termination

  1. Term: This Agreement is effective until terminated.
  2. Termination by You: You may terminate this Agreement at any time by destroying all copies of the Software and ceasing all use of the Device.
  3. Termination by Licensor: Your rights under this Agreement will terminate automatically without notice if you fail to comply with any of its terms or if required by applicable law. Upon termination, you must cease all use of the Licensed Materials, destroy or return all copies, and remove any installed Software from Devices under your control.

9. Compatibility and Third-Party Components

The Licensor may incorporate third-party components. Such components are subject to their own licenses, which may differ from this Agreement.

The Licensor does not warrant that the Licensed Materials will be compatible with any particular hardware, software, or third-party services.

10. Warranty and Disclaimers

THE SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE ERROR-FREE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, THE LICENSOR’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE DEVICE.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Licensor and its officers, directors, employees, and agents from and against any claims arising from your misuse of the Licensed Materials or violation of this Agreement.

13. Third-Party and Open Source Software

The Software may contain or be distributed with third-party software or open-source software ("OSS"). OSS components are licensed under the terms of the applicable open-source license agreements. To the extent required by those licenses, the terms of such licenses will apply in lieu of the terms of this Agreement.

14. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the Province of Ontario, Canada, without regard to its conflict-of-laws principles.

Any disputes will be resolved in the courts located in Ontario, Canada, unless otherwise required by applicable law.

15. Entire Agreement; Severability

This Agreement constitutes the entire contract between you and the Licensor concerning the Licensed Materials and supersedes all prior or contemporaneous oral or written communications, representations, or agreements.

If any provision is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

15. Safety Disclaimer

CNC machines are heavy equipment capable of causing property damage, severe bodily injury, or death.

The Device and Software are not guaranteed or represented as fail-safe. You are responsible for safe operation of the device, software, and any associated or connected equipment including, but not limited to, hardware interlocks, physical safety interlocks and mechanisms, tool path code and instructions.

Review and abide by all applicable machine safety standards, local safety standards, and the Safety and Precautions documentation available for this device and Software.

17. Export Compliance and End-Use

The Device and Software are intended for civilian use only.

You agree to abide with all Canadian and international export controls laws applicable to the Device and its Software including, but not limited to, exporting the device to embargoed or restricted countries.

18. Contact Information

If you have any questions regarding this EULA, Licensor (“us”, “we”) may be reached at:

  • General inquiries: email us at info@realtimecnc.com
  • Tech support: email us at support@realtimecnc.com