Symetrix Cognio - User License Agreement (ULA)

This User License Agreement is a legal agreement between you and Symetrix, Inc. regarding the software product identified above. By installing, copying, or otherwise using this software product, you agree to be bound by the terms of the AGREEMENT. If you do not agree to these terms, please exit this screen and promptly erase all files associated with this application.

Definitions 1.1. Symetrix means Symetrix, Inc. 1.2. Effective date means the start date of this ULA with relation to the licensed materials and shall be the date you obtained the licensed materials. 1.3. You(r) means the person or entity that is licensing the licensed materials. 1.4. Product means any and all Symetrix computer software applications, device hardware, firmware, or components, which may include software updates, version upgrades, configurations, or supplemental services or functionality. 1.5. Firmware means device hardware that also contains software elements. 1.6. Libraries are compiled software files supplied as part of the licensed materials. 1.7. Licensed materials refer to hardware, software, firmware, extensions, and modules (including but not limited to scripts, libraries) licensed by and provided to you. 1.8. Specifications refers to the published documentation for the licensed materials. 1.9. ULA refers to this agreement meaning User License Agreement.
Governing Law 2.1. This agreement shall be governed by and construed in accordance with the laws of the State of Washington, United States of America. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in the State of Washington. By clicking "Yes" or by accessing or using our software and services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.
Grant of License 3.1. Symetrix grants you a nontransferable, non-exclusive right to use this product in accordance with the terms and conditions of this agreement. 3.2. You may use this product with any Symetrix systems and equipment you own or operate. Symetrix retains all title and ownership. 3.3. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Product, except as expressly permitted by mandatory local law. Any attempt to do so is a violation of the rights of Symetrix and its licensors. 3.4. The license does not constitute a sale. 3.5. Updates are licensed under the same terms as the original software.
Beta Program and Beta Code 4.1. From time to time Symetrix may provide certain end-users with certain software that contains code for experimental testing and evaluation (which may be either alpha or beta, collectively "Beta Code"). At times Symetrix also provides for "Open Beta," where any user may provide feedback to Symetrix on the Beta Code. Such Beta Code may be provided to a limited set of end-users pursuant to a separate agreement or may be provided to all end-users under an "Open Beta" approach. The following provisions shall apply to use of any such Beta Code under either approach:
4.1.1. Such Beta Code is provided to You as a beta tester "as is", under a temporary, non-transferable, non-exclusive license for experimental use to test and evaluate the Beta Code without charge for a limited period of time specified by Symetrix. You understand and agree that the Beta Code is still experimental and is not to be used for production purposes. In no event is Symetrix obligated to release any Beta Code commercially in any form. If You act as a beta tester of Beta Code for Symetrix You agree to evaluate and test the Beta Code without compensation under conditions as directed by Symetrix and to allow Symetrix to collect information regarding various aspects of Your use of the Beta Code. You further agree to communicate periodically with Symetrix to report on or discuss any malfunctions or suggested improvements to the Beta Code. You further agree that upon completion of Your evaluation and testing You will promptly send to Symetrix a written report summarizing Your evaluation of the Beta Code, including its strengths, weaknesses, and recommended improvements to beta@symetrix.co . 4.1.2. You agree to maintain the Beta Code in confidence and to restrict access to the Beta Code, including the methods and concepts utilized therein, solely at that location and to those persons authorized by Symetrix to perform such beta testing. You agree that any written evaluations and all inventions, product improvements, modifications or developments that Symetrix conceives or makes during or subsequent to this ULA, including any based partly or wholly on Your evaluation and feedback, as well as any submissions by You regarding the Beta Code will be the exclusive property of Symetrix.
Intelligent Modules and Third-Party Scripting 5.1. This software is designed for the purpose of designing control systems through the Intelligent Modules system using Symetrix software, firmware, hardware and related systems and products. 5.2. The Intelligent Modules system allows the User designed scripts to control a third-party device through the open source scripting language LUA. 5.3. Custom controls and plugins deployed through the Scripting environment are void of warranty of Symetrix Software and Systems and are to be used "AS IS" pursuant to section 7 of this agreement.
Term and Termination 6.1. This Agreement begins on the Effective Date and continues until terminated by either party. Upon termination, you must cease all use and destroy all copies of the licensed materials.
Disclaimer of Warranty 7.1. THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ALL RISK ARISING OUT OF USE OR PERFORMANCE REMAINS WITH YOU.
Third-Party Components and Notices 8.1. This product includes third-party components governed by separate licenses. See included documentation or request complete license terms at licensing@symetrix.co. Symetrix may charge a reasonable fee for reproducing license terms and/or disclosures where required.
Third-Party Services, Hosting, and Data Processing 9.1. In order to provide our services efficiently and reliably, Symetrix, Inc. ("we," "our," or "us") may engage the services of third-party data hosting providers to store, manage, and process the data collected through the use of our software, applications, and platforms ("Services"). This section outlines the terms and conditions pertaining to data hosting by third parties and your responsibilities as a user of our Services. 9.1.1. Data Security and Protection: 9.1.1.1. We prioritize the security and protection of your data. While we carefully select reputable third-party data hosting providers, it is important to note that the security measures implemented by these providers are beyond our direct control. We commit to employing commercially reasonable efforts to ensure that any third-party data hosting provider we engage with maintains appropriate security measures to safeguard your data from unauthorized access, loss, alteration, or disclosure. However, we cannot guarantee absolute security, and by using our Services, you acknowledge and accept the inherent risks associated with data hosting by third parties, and use by Symetrix. 9.1.2. Data Usage: 9.1.2.1. The data hosted by third parties will be used solely for the purpose of providing and improving our Services. Our third-party data hosting providers will not use your data for any other purpose unrelated to our Services, nor will they share your data with third parties without our explicit consent, except as required by law. 9.1.2.2. Personal Data Collection and Use: By using our software and services, you acknowledge and agree that Symetrix may collect and use certain information about you, including but not limited to personal information ("Data"). This Data may include, but is not limited to, your name, contact information, and billing address used for the purpose of registration, remote monitoring with AV-Ops Center, and online purchase with AV-Ops Center. 9.1.2.3. Usage Data Collection and Use: By using our software and services, you acknowledge and agree that Symetrix may collect and use certain information about your usage patterns ("Data"). This Data may include, but is not limited to, usage statistics, preferences, site file contents, module usage, or other software derived material. Symetrix may collect this Data directly from you, or automatically, in an anonymized process, through your use of our software and services. 9.1.2.4. Purpose: Provider may use the collected Data for various purposes, including but not limited to: i. Providing and improving our software and services; ii. Personalizing your experience; iii. Analyzing usage trends and patterns; iv. ML or AI training; v. Marketing and advertising purposes; vi. Compliance with legal obligations. The "Data" will not be sold or distributed to 3rd parties. 9.1.2.5. Consent: By using our software and services, you consent to the collection, use, and sharing of your Data as described in this Agreement. You further acknowledge that Provider may process your Data in jurisdictions where data protection and privacy laws may differ from those in your jurisdiction. 9.1.3. Data Processing Locations: 9.1.3.1. Your data may be stored and processed on servers located in different geographic regions, including countries outside of your own. By using our Services, you consent to the transfer of your data to these locations, which may have different data protection laws and regulations. Data processors commit to ensuring that such transfers comply with applicable data protection laws and regulations to the extent feasible. 9.1.4. Your Responsibilities: 9.1.4.1. As a user of our Services, you are responsible for ensuring that any data you provide or upload does not violate applicable laws or infringe upon the rights of third parties. You should also take reasonable measures to protect your own devices and accounts from unauthorized access. 9.1.5. Data Retention: 9.1.5.1. We will retain your data for as long as necessary to fulfill the purposes outlined in our Privacy Policy or as required by law. If you decide to terminate your use of our Services, your data may continue to be stored for a reasonable period as necessary for business operations and compliance purposes. 9.1.5.2. Privacy Policies can be located here: Symetrix's Privacy Policy, https://www.symetrix.co/symetrix-privacy-policy/ . Third party providers have service specific policies, located on their websites. 9.1.6. Changes to Third-Party Providers: 9.1.6.1. We reserve the right to change our third-party data hosting providers at our discretion. In such cases, we will update our Privacy Policy accordingly and strive to ensure a seamless transition that does not compromise the security or accessibility of your data. 9.1.6.2. By continuing to use our Services, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined in this section regarding data hosting by third parties. If you do not agree with these terms, please refrain from using our Services. If you have any questions or concerns, please contact us at compliance@symetrix.co . 9.2. Current third-party service providers: 9.2.1. Xyte Technologies Ltd. https://www.xyte.io/trust-center 9.3. Amendments: 9.3.1. Symetrix reserves the right to modify or amend this Agreement at any time. Any changes to this Agreement will be effective immediately upon posting the revised version on our website or notifying you through other means. Your continued use of our software and services after such modifications constitutes your acceptance of the revised Agreement. 9.4. Disclaimer of data use 9.4.1. SYMETRIX DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE COLLECTION, USE, AND SHARING OF YOUR DATA. PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, ARISING OUT OF OR IN CONNECTION WITH THE COLLECTION, USE, OR SHARING OF YOUR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User Rights and Obligations 10.1. You may use the licensed software and components only as expressly permitted by this Agreement.
Export Controls 12.1. You agree to comply with all applicable export laws. Software may not be exported to embargoed countries or restricted parties.
Audit Rights 13.1. Symetrix may audit your use of the software. You agree to cooperate fully. If misuse is found, you agree to pay underlicensed fees and audit costs.
License Revocation 14.1. Symetrix may revoke your license immediately upon breach. You must stop all use and destroy all copies.
Third-Party License Requests 15.1. You may request copies of third-party licenses and related source code by emailing licensing@symetrix.co . Symetrix may charge a reasonable fee to fulfill such requests.