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Terms of Service

NOTICE FOR SOFTWARE AVAILABLE ON THE PLANTSENSE WEBSITE

The software that is made available for downloading from this website (the "Software") is owned by PlantSense Inc. This Software is protected by copyright laws, and is being made available solely for use by you in accordance with the following Software License Agreement terms and conditions. Any use, reproduction or redistribution of the Software that is not in accordance with the Software License Agreement is expressly prohibited by law, and may result in civil and criminal penalties.

SOFTWARE LICENSE AGREEMENT

PLANTSENSE IS WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("Agreement"). This is a legal agreement between you (either an individual end-user or an entity) and PlantSense. By using this software, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, promptly return the software and other items that are part of this product in their original package with your sales receipt to your point of purchase for a full refund, or if you have downloaded this software from a PlantSense website, then you must stop using the software and destroy any copies of the software in your possession or control.

1. Grant of Agreement. Subject to the terms and conditions of this Agreement, PlantSense and its suppliers grant to you a nonexclusive license to use one copy of the software program and any documentation accompanying this Agreement ("Software") on one computer only with the PlantSense product you have purchased. No other rights are granted. The Software is in use if it is loaded on the computer's permanent or temporary memory. For backup purposes only, you may make one copy of the Software. You must include on the backup copy all copyright and other notices included on the Software as supplied by PlantSense. Installation on a network server for the sole purpose of your internal distribution of the Software is permitted only if you have purchased an individual Software license for each networked computer to which the Software is distributed.

2. Restrictions. The Software contains copyrighted material, trade secrets, and other proprietary materials of PlantSense and its licensors. You agree that in order to protect those proprietary materials, except as expressly permitted by applicable law, neither you nor a third party acting on your behalf will: (i) decompile, disassemble or reverse engineer the Software; (ii) modify or create derivative works of the Software; (iii) use the Software in any manner to provide service bureau, commercial time-sharing or other computer services to third parties; (iv) transmit the Software or provide its functionality, in whole or in part, over the Internet or other network (except as expressly permitted above); or (v) sell, distribute, rent, lease, sublicense or otherwise transfer the Software to a third party, except upon a permanent transfer of the PlantSense product using the Software; provided that: (a) all Software updates are included in the transfer, (b) you do not retain a copy of the Software, and (c) the transferee agrees to be bound by the terms and conditions in this Agreement.

3. Ownership. The Software is licensed, not sold, to you for use only under the terms and conditions of this Agreement, and PlantSense reserves all rights not expressly granted to you in this Agreement. PlantSense and/or its licensors retain title to the Software, and all intellectual property rights therein.

4. Termination. This Agreement is effective until terminated. Upon any violation of any of the provisions of this Agreement, rights to use the Software shall automatically terminate and the Software must be returned to PlantSense or all copies of the Software destroyed. You may also terminate this Agreement at any time by destroying all copies of the Software in your possession or control. If PlantSense makes a request via public announcement or press release to stop using the copies of the Software, you will comply immediately with this request. The provisions of paragraphs 3, 7, 8 and 12 will survive any termination of this Agreement.

5. Limited Product Warranty. PlantSense warrants to you that the Software will substantially conform to its published documentation and the media containing the Software shall be free from defects in material, each for a period of ninety (90) days from the date of purchase. PlantSense's limited warranty is nontransferable and is limited to the original purchaser. This warranty gives you specific legal rights, and you may also have other rights which vary under local laws.

6. Remedies. PlantSense's entire liability and your exclusive remedy for any breach of warranty shall be, at PlantSense's option, to: (a) repair or replace the Software or media, provided that the Software or media is returned to the point of purchase or such other place as PlantSense may direct, with a copy of the sales receipt,or (b) refund the price paid. Any replacement Software or media will be warranted for the remainder of the original warranty period or thirty (30) days,whichever is longer. These remedies are void if failure of the Software or media has resulted from accident, abuse, or misapplication.

7. DISCLAIMER OF WARRANTY. THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES. PLANTSENSE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO THE SOFTWARE OR MEDIA, AND ANY WARRANTIES OF NON-INTERFERENCE OR ACCURACY OF INFORMATIONAL CONTENT. NO PLANTSENSE DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

8. LIMITATION OF LIABILITY. IN NO EVENT WILL PLANTSENSE OR ITS SUPPLIERS BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING IN ANY WAY OUT OF THE SALE OF, USE OF, OR INABILITY TO USE ANY PLANTSENSE PRODUCT OR SERVICE, EVEN IF PLANTSENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL PLANTSENSE'S AND ITS SUPPLIERS' TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE PLANTSENSE PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The above limitations will not apply in case of personal injury where and to the extent that applicable law requires such liability.

9. U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988) FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

10. Export Law Assurances. You agree and certify that neither the Software nor any other technical data received from PlantSense will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If you have rightfully obtained the Software outside of the United States, you agree that you will not re-export the Software nor any other technical data received from PlantSense, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.

11. Agents and Third Party Purchasers. If you are acquiring the Software on behalf of another person or entity, you represent and warrant that you have the authority to bind the party or entity for which you are acquiring the Software to the terms and conditions of this Agreement.

12. General Terms and Conditions. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of California, without regard to or application of its choice of law rules or principles. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter. PlantSense may, in its sole discretion, modify portions of this Agreement at any time. PlantSense may notify you of any changes by posting notice of such modifications on PlantSense's website(s) or sending notice via e-mail, postal mail or other means. Your continued use of the Software following notice of such modifications shall be deemed to be your acceptance of any such modifications to the Agreement. If you do not agree to any such modifications, you must immediately stop using the Software and destroy all copies of the Software in your possession or control.

The Software is protected by United States copyright law and international treaty. Unauthorized reproduction or distribution of the Software is subject to civil and criminal penalties.

NOTICE SPECIFIC TO INFORMATION AVAILABLE ON THE PLANTSENSE WEBSITE

The information on this website is provided for informational purposes only and is subject to change without notice. It is provided "AS IS" and without any warranty. Any risk arising out of the use of the information on this website shall remain with the reader. IN NO EVENT SHALL PLANTSENSE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY, PERFORMANCE OR USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, EVEN IF PLANTSENSE HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES.

LINKS TO OTHER WEBSITES Links to other websites are available on the PlantSense website and these links allow you to leave the PlantSense website. The linked sites are not under the control of PlantSense and PlantSense is not responsible for the contents of any linked site or links within a linked site. These links are provided as a convenience only and do not imply any endorsement or recommendation by PlantSense.

TRADEMARKS AND COPYRIGHT NOTICE

PlantSense, the PlantSense logo, and the PlantSense products referred to herein are either the trademarks or the registered trademarks of PlantSense. The absence of a product name or logo on this website does not constitute a waiver of PlantSense's trademark or other intellectual property rights concerning that name or logo.

All rights not expressly granted herein are reserved.