Thank you for your interest in PixelView™, PixelView AI™, deepPath AI Capsules™ ("Software"), developed by Smirta Innovations Inc. doing business as deepPath™ ("deepPath", "we", "us" and "our").
BY ACCESSING OR USING THE SOFTWARE, SUCH OTHER FUTURE UPDATES TO THE SOFTWARE, NEW SOFTWARE AND SERVICES WHICH MAY BE RELEASED FROM TIME TO TIME BY DEEPPATH, YOU AS THE LICENSEE (“You” or “Your”) ACCEPT THIS LICENSE AND SERVICE AGREEMENT (“AGREEMENT”) ON BEHALF OF THE ENTITY FOR WHICH YOU ARE AUTHORIZED TO ACT (E.G., AN EMPLOYER) AND ACKNOWLEDGE THAT SUCH ENTITY IS LEGALLY BOUND BY THIS AGREEMENT (AND YOU AGREE TO ACT IN A MANNER CONSISTENT WITH THIS AGREEMENT) OR, IF THERE IS NO SUCH ENTITY FOR WHICH YOU ARE AUTHORIZED TO ACT, YOU ACCEPT THIS AGREEMENT ON BEHALF OF YOURSELF AS AN INDIVIDUAL AND ACKNOWLEDGE THAT YOU ARE LEGALLY BOUND BY THIS AGREEMENT, AND (II) YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ACT ON BEHALF OF AND BIND SUCH ENTITY (IF ANY) OR YOURSELF. YOU MAY NOT ACCEPT THIS AGREEMENT ON BEHALF OF ANOTHER ENTITY UNLESS YOU ARE AN EMPLOYEE OR AGENT OF SUCH OTHER ENTITY WITH THE RIGHT, POWER AND AUTHORITY TO ACT ON BEHALF OF SUCH OTHER ENTITY.
IF YOU ARE UNWILLING TO ACCEPT THIS AGREEMENT, OR IF YOU DO NOT HAVE THE RIGHT, POWER AND AUTHORITY TO ACT ON BEHALF OF AND BIND SUCH ENTITY OR YOURSELF AS AN INDIVIDUAL (IF THERE IS NO SUCH ENTITY), DO NOT ACCESS, OR USE ANY PORTION OF THE SOFTWARE.
deepPath may, in its sole discretion, modify or revise these Agreements at any time, and You agree to such modifications or revisions by Your continual usage of the Software. Nothing in these Agreements shall be deemed to confer any third party rights or benefits.
Access to Software
deepPath hereby grants You a non-transferable, non-exclusive, revocable, limited license to use and access the
Software, provided that:
a. You shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit any part of the Software, or any content displayed on the Software without deepPath's prior written authorization.
b. You shall not modify or alter any part of the Software.
c. You shall not access the Software through any technology or means other than the technology provided on the Software, or other authorized means deepPath may designate.
d. You shall not sell access to the Software, or sell advertising, sponsorships or promotions within the Software or the content on the Software without deepPath's prior written approval.
deepPath reserves the right at any time, to modify, suspend or discontinue the Software with or without notice to You. You agree that deepPath will not be liable to You or to any third party for any modification, suspension or discontinuation of the Software.
Unless otherwise indicated, any future release, update or other added functionality of the Software shall be subject to these Agreements.
You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the Software in a manner not consistent with mechanisms approved by deepPath.
You acknowledge that all trademarks, service marks, copyrights and logos (“Marks”) on the Software are owned by deepPath or licensed to deepPath. Neither these Agreements nor Your access to the Software transfers to You or any third party any rights, title or interest in or to such Marks, except as otherwise provided in these Agreements.
“Your Content” means any and all information and content that You upload, or use with the Software.
As an Account holder, You may submit Your Content on the Software. You shall be solely responsible for Your Content and You assume all risks associated with the use of Your Content, including any reliance on its accuracy, completeness, or any disclosure of Your Content that personally identifies You or any third party.
You affirm, represent and warrant that You own or have the necessary licenses, rights, consents and permissions to use Your Content.
You further agree that deepPath is not responsible for the accuracy, currency, suitability, or quality of any User Content, whether provided by You or by other users.
Intellectual Property Rights
You further agree that You are obtaining only a limited license to use and access the Software expressly set forth in these Agreements and that no ownership rights are being conveyed to You. deepPath retains all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Software, all related and underlying technology and documentation, and any derivative works or modifications. Further, You agree that the Software is offered as an on-line, hosted solution, and that You have no right to obtain a copy of any code underlying the Software.
a. By virtue of Agreements, We may have access to information that is confidential to You and vice-versa
(“Confidential Information”). Confidential Information shall include without limitation deepPath and such other
information clearly identified as confidential. Any source code, techniques and trade secrets including but not
limited to the development of deepPath are included within the definition of Confidential Information insofar as
it relates to.
b. Confidential Information shall not include information that: (i) is or becomes a part of the public domain through no act or omission of the receiving party; (ii) was in the receiving party’s lawful possession prior to the disclosure and had not been obtained by the receiving party either directly or indirectly from the disclosing party; (iii) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or (iv) is independently developed by the receiving party without reference to the disclosing party’s Confidential Information.
c. In the event the receiving party is required under applicable law, rule, regulation, court or administrative order to disclose Confidential Information of the disclosing party, the receiving party shall use commercially reasonable efforts to: (i) promptly give notice, if permitted, to the disclosing party in order to enable the disclosing party to seek a protective order or other remedy; (ii) consult with the disclosing party with respect to the scope of the request or legal process to the extent possible; and (iii) limit any such disclosure to the extent necessary and required.
Warranty and Disclaimer
ALL DEEPPATH WEBSITE, CONTENT, TOOLS, SOFTWARE AND/OR SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ALL WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SOFTWARE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DEEPPATH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SOFTWARE AND YOUR USE THEREOF. DEEPPATH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SOFTWARE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOFTWARE.
YOU HEREBY RELEASE AND FOREVER DISCHARGE US FROM, AND HEREBY WAIVE AND RELEASE, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, YOUR USE OF THE SITE AND/OR SOFTWARE, ANY INTERACTIONS OR TRANSACTIONS OF YOU WITH, OR ACT OR OMISSION OF YOU IN RELATION TO OTHER USERS.
Limitation of Liability
IN NO EVENT SHALL DEEPPATH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SOFTWARE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SOFTWARE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT DEEPPATH SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The parties are independent contractors and no employment, agency, or joint venture is created hereunder. These Agreements, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by deepPath without restriction.
In choosing to access the Software, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; (b) on any of the U.S. government lists of restricted end users. We may limit the Software's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
You agree that these Agreements shall be construed in accordance with the laws of the State of New Jersey without regard to its conflict of laws provisions. Any claim or dispute arising in connection with your use of the Software shall be brought exclusively in the courts of the State of New Jersey. Any cause of action or claim you may have with respect to the Software must be commenced within one (1) year after the cause of action or claim arises. deepPath's failure to insist upon or enforce strict performance of any provision of these Agreements shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and deepPath nor any trade practices shall act to modify the Agreements. deepPth may assign its rights and duties hereunder to any third party at any time without consent or notice to you.
If any provision of these Agreements is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Agreements and will not affect the validity and enforceability of any remaining provision. These Agreements, together with all policies referred to herein, are the entire Agreement between you and deepPath relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and deepPath relating to such subject matter.