EULA

End User License Agreement: PATHCAM
EULA Index
  • Introduction
    • Purpose and Scope
    • Definitions
    • Disclaimers of Ownership Visibility
    • Relationship to Other Agreements
    • No Warranty of Ownership to End User
    • Effective Date
  • License Grant and Restrictions
    • Grant of License and Permitted Uses
    • Network Installation and Storage/Server Use
    • Restrictions on Use (Copying, Reverse Engineering, Etc.)
    • Upgrades, Transfer, and Assignment of License
    • Acknowledgment of Licensing
  • User Obligations
    • Compliance with Laws and Professional Guidelines
    • Accountability for Interpretation (Non-Diagnostic Use)
    • Responsible Operation and Security
    • Indemnification for Misuse
    • Disclaimer of Liability
  • Beta Software Terms (If Applicable)
    • Beta Status Disclosure
    • Risks and Limitations of Beta Versions
    • Feedback and Reporting Expectations
    • Disclaimer of Liability for Beta Use
    • Transition to Full Release
  • Intellectual Property
    • Ownership of Software Code and Derivative Works
    • Trademark and Branding Usage
    • Prohibited Actions Regarding IP
    • Private Master Services/IP Ownership Agreement Reference
    • Reserved Rights
    • No Ownership or Title to End User
    • User Content and Data
  • Limitation of Liability
    • Liability Disclaimers for Distributor and Software Provider
    • Exclusion of Certain Damages
    • No Liability for Diagnostic Misuse
    • Aggregate Liability Cap
    • Limitations in Jurisdictions That Do Not Allow Exclusions
    • Allocation of Risk
  • Indemnification
    • Scope of Indemnification Obligations
    • Conditions and Procedures for Indemnification
    • Indemnification for Unauthorized Use
    • Additional Protections
  • Warranty Disclaimers
    • “As Is” and “As Available” Clauses
    • Non-Diagnostic Disclaimer
    • No Warranty of Accuracy, Timeliness, or Compliance
    • No Obligation to Maintain or Support
    • No Warranty for Third-Party Interoperability
    • High-Risk Activities and Regulatory Compliance
    • Jurisdictional Limitations
    • Entire Risk Assumed by User
  • Compliance with Laws
    • Governing Law and Jurisdiction
    • Export Restrictions and International Regulations
    • Industry-Specific Rules (Healthcare, Academic, Etc.)
    • User’s Obligations and Liability
    • Jurisdictional Variations
  • Amendments and Termination
    • Right to Modify Terms
    • Grounds for Termination
    • User-Initiated Termination
    • Effect of Termination
    • Automatic Termination and Enforcement
    • Disclaimer of Liability for Termination
  • Dispute Resolution
    • Informal Negotiation
    • Arbitration or Court Proceedings
    • Class Action Waiver
    • Costs, Fees, and Damages (Distributor Bears Expenses)
    • Confidentiality of Proceedings
    • Survival and Severability
  • Consent and Acknowledgment
    • User Consent to Terms and Conditions
    • Affirmation of Understanding
    • Electronic Signatures and Acceptance
    • Binding Nature of Agreement
    • No Reliance on Outside Representations
    • Third-Party Beneficiaries
    • Updates to Consent and Acknowledgment
  • Installation and Activation
    • Installation Procedures and System Requirements
    • Activation Keys and License Verification
    • Automated or Mandatory Updates
    • Retention of Ownership and Control
    • Reinstallation and Transfer
    • Acknowledgment of Responsibilities

 

Introduction

  • Purpose and Scope This End User License Agreement (“EULA”) sets forth the terms and conditions under which you (“End User”) may install, access, and use the PathCam software (the “Software”). Camtronics LLC (“The Provider”), acting as the primary distributor and public-facing entity for the Software, offers this EULA to govern your rights and obligations. The development and underlying technology of the Software is furnished by National Intel LLC (the “Software Provider” or the “Developer”). By installing or otherwise using the Software, you agree to be bound by all terms of this EULA.
  • Applicability and Acceptance Your acceptance of this EULA is indicated by any of the following: (i) selecting an “I agree” or similar acknowledgment during installation, (ii) installing or using the Software, or (iii) retaining the Software on your system after being afforded an opportunity to review this EULA. If you do not agree to the terms herein, you must immediately cease any use of the Software and remove all copies from your systems.
  • Relationship to Other Agreements Certain intellectual property and licensing details concerning the Software’s development are addressed in a separate Master Services and IP Ownership Agreement, which does not modify or expand the obligations of End Users under this EULA. The Master Services and IP Ownership Agreement pertains to internal arrangements between The Provider, the Software Provider, and designated affiliates. No provisions within that separate agreement shall be construed to grant additional rights or impose further duties upon you beyond those explicitly set forth in this EULA.
  • No Warranty of Ownership to End User By entering into this EULA, you acknowledge that The Provider is distributing the Software for commercial use or other permitted activities, but that such distribution does not confer upon you any ownership stake, right, or interest in the Software other than the limited license specified herein. The Software remains the intellectual property of its rightful owners or licensors, as defined herein and in any applicable private agreements.
  • Effective Date This EULA becomes effective on the date you install, download, or otherwise use the Software, and shall remain in effect until terminated in accordance with the provisions set forth herein.
  • Definitions
  • Disclaimers of Ownership Visibility

End of Section 1 (Introduction)

License Grant and Restrictions

  • Grant of License and Permitted Uses
    • License Grant Subject to your compliance with the terms of this EULA, Camtronics LLC (“The Provider”), in cooperation with National Intel LLC (the “Software Provider” or the “Developer”), hereby grants you a limited, non-exclusive, non-transferable, and revocable license to install and use the PathCam software (the “Software”) for your internal, lawful purposes. This license is granted solely for end-use according to this EULA and does not imply or convey any ownership interest in the Software.
    • Permitted Installations and Network Access
      • (a) Single-Device Installation. You may install and use one copy of the Software on a single device, such as a computer or workstation, under your direct control.
      • (b) Network Storage and Access. In lieu of installing the Software on a single device, you may install one licensed copy of the Software on a network storage device (e.g., a server), allowing authorized devices to access and use that copy over a private network. Each device that concurrently accesses or uses the Software must be covered by a separate license or an applicable multi-seat license, if offered by The Provider.
      • (c) Reserved Rights. The Provider and the Software Provider reserve all rights not expressly granted to you in this EULA. You may not use the Software in a manner that exceeds the scope of the license granted herein.
  • Network Installation and Storage/Server Use (Covered under 2.2)
  • Restrictions on Use (Copying, Reverse Engineering, Etc.)
    • (a) Prohibited Activities. You shall not:
      • Copy, modify, decompile, reverse engineer, disassemble, or otherwise seek to derive the source code of the Software, except to the extent applicable law expressly permits, despite this restriction.
      • Rent, lease, sublicense, lend, or provide commercial hosting services using the Software without prior written authorization.
      • Circumvent or attempt to circumvent any technological measure implemented by The Provider, the Software Provider, or their affiliates to control or restrict access to the Software.
      • Use the Software in any manner that violates applicable laws or regulations, or otherwise infringes upon the rights of third parties.
    • (b) Retention of Ownership. Title to and ownership of the Software, including any and all intellectual property rights, remain with The Provider and/or the Software Provider. Nothing in this EULA shall be construed as transferring ownership of the Software to you or any third party.
  • Upgrades, Transfer, and Assignment of License
    • Upgrades and Updates
      • (a) Provision of Upgrades. From time to time, The Provider or the Software Provider, at their sole discretion, may release updates or upgrades to the Software. Any such updates or upgrades provided to you shall be governed by the terms of this EULA unless accompanied by additional or revised terms.
      • (b) Warranty for Upgrades. Unless expressly stated otherwise in writing, all updates or upgrades are provided “as is,” with no warranties of any kind, and do not extend any warranty period set forth in this EULA.
      • (c) Mandatory or Automatic Updates. In certain cases, The Provider or the Software Provider may require you to install specific updates to maintain the functionality, security, or compliance of the Software. Your continued use of the Software shall be contingent upon your acceptance and installation of such updates.
    • Transfer of License
      • (a) Internal Transfers. You may transfer the Software to a different device under your control, provided that the Software is entirely removed from the former device.
      • (b) Transfers to Third Parties. Any attempt to transfer the Software to a third party must adhere to the following conditions:
        • You must transfer all component parts, the media (if any), printed materials, and this EULA, along with any applicable license keys.
        • You shall not retain any copies of the Software after the transfer.
        • The third party must agree, in writing or through digital acceptance, to be bound by all of the terms and conditions of this EULA.
        • You shall immediately discontinue all use of the Software after completing the transfer.
    • Acknowledgment of Licensing You acknowledge that the distribution of the Software is facilitated by The Provider on behalf of the Developer. All rights, title, and interest in and to the Software remain with The Provider and the Software Provider. The manner in which The Provider and the Software Provider have structured their agreement, including any private licensing or ownership arrangements, shall not alter or expand the scope of your license under this EULA.

End of Section 2 (License Grant and Restrictions)

User Obligations

  • Compliance with Laws and Professional Guidelines
    • Compliance with All Applicable Laws You agree to use the PathCam software (the “Software”) strictly in accordance with all applicable laws, regulations, and professional guidelines. This includes, but is not limited to, data protection statutes, health privacy regulations, and any industry-specific rules that may govern the handling, analysis, and storage of information. You are solely responsible for ensuring that your usage of the Software does not violate any local, regional, or international legal requirements.
  • Accountability for Interpretation (Non-Diagnostic Use)
    • Accountability for Interpretation and Decision-Making
      • (a) No Diagnostic Reliance. The Software, as developed by National Intel LLC (the “Software Provider”) and distributed by Camtronics LLC (the “Distributor”), is not intended nor certified for diagnostic purposes. You acknowledge that any analytical insights or measurements rendered by the Software should not be construed as medical or scientific diagnoses. You agree to rely on your own professional judgment or consult qualified experts when interpreting data or images. Neither the Software Provider nor the Distributor assumes liability for any harm or damages arising from the misuse of the Software for diagnostic or clinical decision-making.
      • (b) User Responsibility. You bear sole accountability for all interpretations, actions, and decisions made based on the Software’s outputs. This includes any reliance on visualizations, measurements, or data analyses. Should any legal or regulatory inquiries arise from your usage of the Software, you shall be solely responsible for demonstrating compliance and defending against any claims.
  • Responsible Operation and Security
    • Responsible Operation
      • (a) Professional Standards. If you are operating in a professional environment—such as a healthcare facility, laboratory, or academic institution—you agree to use the Software in accordance with established professional standards and practices.
      • (b) Security Measures. You must implement appropriate security protocols to safeguard the Software and any data processed or generated by it. Any unauthorized access, data breaches, or compromises arising from your operation of the Software are your responsibility.
      • (c) Indemnification for Misuse. You agree to indemnify and hold harmless both the Software Provider and the Distributor from and against any and all claims, liabilities, damages, or costs resulting from your misuse, misapplication, or unlawful use of the Software.
    • Disclaimer of Liability Neither the Software Provider nor the Distributor shall be held liable for your failure to adhere to professional, regulatory, or legal standards in your use of the Software. All compliance obligations rest with you, and you accept that the Software, its outputs, and any accompanying information are provided without warranties regarding suitability for diagnostic or clinical purposes.
  • Indemnification for Misuse (Covered under 3.3(c))

End of Section 3 (User Obligations)

Beta Software Terms (If Applicable)

  • Beta Status Disclosure If you have elected to use a version of the PathCam software (the “Software”) designated as “Beta,” “Early Access,” or otherwise not generally released to the public, you acknowledge that such version may be in the process of development, testing, and refinement by National Intel LLC (the “Software Provider”) in cooperation with Camtronics LLC (the “Distributor”). The Beta status indicates that the Software may contain errors, bugs, or other issues not present in the full release.
  • Risks and Limitations of Beta Versions
    • (a) No Performance Guarantees. The Beta Software may not function at the level of performance or stability typically expected from a fully released product. You accept any and all risks associated with installing and using the Beta Software, including potential loss or corruption of data, system malfunctions, and compatibility conflicts.
    • (b) Non-Diagnostic Use. As with any version of the Software, the Beta version is not intended or certified for diagnostic or clinical decision-making purposes. The Software Provider and the Distributor expressly disclaim any liability for damages arising from reliance on the Beta Software’s outputs, particularly in settings where professional or regulatory compliance is required.
  • Feedback and Reporting Expectations
    • (a) User Feedback. By opting into the Beta program, you agree to provide reasonable feedback, comments, or suggestions to improve the Software. This may include reporting bugs, performance issues, or inconsistencies observed during regular usage.
    • (b) Ownership of Feedback. Any feedback you provide shall be deemed the exclusive property of the Software Provider. The Software Provider may, in its sole discretion, incorporate your feedback into the Software without further obligation to you.
  • Disclaimer of Liability for Beta Use Neither the Software Provider nor the Distributor shall be liable for any claims, demands, or damages arising from your participation in the Beta program or your use of the Beta Software. You assume all responsibility for safeguarding your systems, implementing backups, and ensuring compliance with any relevant regulatory or legal standards when using the Beta Software.
  • Transition to Full Release The Software Provider reserves the right, but is not obligated, to provide you with an upgrade path from the Beta Software to a fully released version. Any transition to the full-release version shall be subject to the EULA terms in effect at the time of transition, including any modifications or additional conditions established by the Software Provider or the Distributor.

End of Section 4 (Beta Software Terms)

Intellectual Property

  • Ownership of Software Code and Derivative Works All right, title, and interest in and to the PathCam software (the “Software”), including but not limited to any source code, object code, algorithms, designs, and associated documentation, are owned or licensed by National Intel LLC (the “Software Provider”) and, to an extent designated in private agreements, by Camtronics LLC (the “Distributor”). Nothing in this End User License Agreement (“EULA”) shall be construed to transfer any ownership interest in the Software to you or any third party. You may not create, develop, or distribute derivative works of the Software without the express prior written consent of both the Software Provider and the Distributor.
  • Trademark and Branding Usage
    • (a) PathCam and Related Marks. The name “PathCam” and any associated logos or trademarks are protected intellectual property owned or licensed by the Distributor and/or the Software Provider. You agree not to remove, alter, or obscure any copyright notices, trademark legends, or other proprietary markings contained within or displayed by the Software.
    • (b) Limitations on Use of Marks. Except as expressly permitted under this EULA or in a separate written agreement, you shall not use, register, or adopt any designation that is identical to or confusingly similar to the names, marks, or logos of the Software Provider, the Distributor, or any of their affiliates.
  • Prohibited Actions Regarding IP
    • (a) Reverse Engineering. Except to the extent expressly allowed by law, you shall not reverse engineer, decompile, disassemble, or otherwise seek to derive or modify the underlying ideas, structure, or algorithms of the Software.
    • (b) Unauthorized Reproduction or Distribution. You shall not copy or reproduce the Software in whole or in part, in any format, or distribute copies of the Software beyond the scope of the license granted under Section 2 of this EULA.
    • (c) Competitive Analysis. You shall not use the Software to develop or enhance any competing product or service. Any such use is strictly prohibited and will be deemed a material breach of this EULA.
  • Private Master Services/IP Ownership Agreement Reference (Covered under 5.1 and 5.4(b))
  • Reserved Rights
    • (a) Retention of Rights. All rights not expressly granted to you under this EULA are hereby reserved by the Distributor and/or the Software Provider. You acquire only a limited license to use the Software in accordance with the terms of this EULA.
    • (b) Private Master Services and IP Ownership Agreement. Certain allocations of intellectual property rights between the Distributor and the Software Provider are governed by a separate private agreement, which does not expand your end-user rights. References to such arrangement are merely for notice purposes and confer no additional privileges or licenses on you.
  • No Ownership or Title to End User Under no circumstances shall your use of the Software be construed as granting, whether by implication or otherwise, any ownership or other proprietary interest in the Software. All improvements, enhancements, or modifications to the Software made by the Distributor, the Software Provider, or any authorized third party remain the sole property of the Distributor and/or the Software Provider. You are prohibited from claiming any interest in or asserting any lien over the Software or related technology.
  • User Content and Data To the extent you upload or input any images, datasets, or other content into the Software, you represent and warrant that you have all necessary rights and consents to do so. Any copyright or ownership you hold over such content remains with you or your licensors, and neither the Distributor nor the Software Provider claims ownership of such user-generated or user-provided content. However, you agree that the Software Provider and the Distributor shall not be held liable for any infringement claims arising from your unauthorized use or upload of third-party content.

End of Section 5 (Intellectual Property)

Limitation of Liability

  • Liability Disclaimers for Distributor and Software Provider Under no circumstances shall Camtronics LLC (the “Distributor”), National Intel LLC (the “Software Provider”), or any of their respective officers, directors, employees, affiliates, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages whatsoever, including but not limited to damages for loss of profits, data, or use, even if advised of the possibility of such damages, arising out of or in connection with:
    • The use or inability to use the PathCam software (the “Software”);
    • Any reliance placed by you on the Software’s outputs, analyses, or functionalities;
    • The cost of procurement of substitute goods and services; or
    • Any unauthorized access to or alteration of your data.
  • Exclusion of Certain Damages To the fullest extent permitted by applicable law, neither the Distributor nor the Software Provider shall be liable for any special, indirect, incidental, or consequential damages, regardless of the legal theory under which such damages may be sought, and even if advised of the possibility of such damages. This includes, without limitation, damages for personal or bodily injury, lost revenue or lost profits, business interruption, or data breaches.
  • No Liability for Diagnostic Misuse You acknowledge that the Software is not designed or licensed for clinical or diagnostic use. Any use of the Software for clinical, medical, or diagnostic purposes is strictly at your own risk. Neither the Distributor nor the Software Provider shall bear any responsibility or liability for claims, losses, or damages arising from unauthorized or misapplied usage of the Software in medical or clinical contexts.
  • Aggregate Liability Cap In no event shall the aggregate liability of either the Distributor or the Software Provider for all claims arising out of or relating to this EULA exceed the total amount actually paid by you (if any) for the license to use the Software giving rise to such claim. This limitation shall apply regardless of the form or theory of the action, whether in contract, tort, strict liability, or otherwise.
  • Limitations in Jurisdictions That Do Not Allow Exclusions Some jurisdictions do not permit the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the liability of the Distributor or the Software Provider, and their affiliates, shall be limited to the greatest extent permitted by law.
  • Allocation of Risk The provisions in this Section 6 are an essential part of the basis of the bargain between you, the Distributor, and the Software Provider. You agree that the limitations of liability set forth herein reflect a reasonable and fair allocation of risk and will survive and apply even if any remedy specified in this EULA fails of its essential purpose.

End of Section 6 (Limitation of Liability)

Indemnification

  • Scope of Indemnification Obligations You agree to indemnify, defend, and hold harmless Camtronics LLC (the “Distributor”), National Intel LLC (the “Software Provider”), and each of their respective officers, directors, employees, affiliates, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all losses, liabilities, claims, demands, suits, damages, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:
    • Your breach of this EULA or any unauthorized use or misuse of the PathCam software (the “Software”).
    • Your violation of any third-party rights, including intellectual property rights or privacy rights, in connection with your use of the Software.
    • Your reliance on the Software for any purpose beyond its intended, non-diagnostic scope, resulting in harm, injury, or damages.
    • Any data, content, or material you upload or transmit through the Software that infringes or violates the rights of any person or entity.
  • Conditions and Procedures for Indemnification
    • (a) Prompt Notification. The Indemnified Parties shall provide you with reasonable notice of any claim or demand that may give rise to an indemnification obligation under this Section. Failure to provide such notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced by the delay.
    • (b) Control of Defense. You shall control the defense and settlement of any claim subject to indemnification under this Section. However, you shall not settle any such claim in a manner that imposes any liability or obligation on the Indemnified Parties without the Indemnified Parties’ prior written consent.
    • (c) Cooperation. The Indemnified Parties shall cooperate reasonably, at your expense, in the defense or settlement of any claim subject to indemnification and shall provide all information and assistance reasonably requested.
  • Indemnification for Unauthorized Use To the extent you use the Software in contravention of this EULA’s terms—such as employing it for diagnostic or clinical decisions—your obligations to indemnify the Indemnified Parties shall apply to any resulting damages, claims, or liabilities. This includes, without limitation, any claims arising from patients, regulatory bodies, or third parties due to misuse or unauthorized reliance on the Software’s outputs.
  • Additional Protections You acknowledge that the Indemnified Parties bear no obligation to defend, indemnify, or hold you harmless in the event of any claims brought against you by third parties. Your duties to indemnify the Indemnified Parties are in addition to any other rights or remedies that may be available to the Indemnified Parties under law or in equity.

End of Section 7 (Indemnification)

Warranty Disclaimers (Revised)

  • “As Is” and “As Available” Clauses THE PATHCAM SOFTWARE (THE “SOFTWARE”) IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY.
  • Non-Diagnostic Disclaimer YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED, CERTIFIED, OR APPROVED FOR CLINICAL, DIAGNOSTIC, OR MEDICAL USE, AND ANY ANALYSIS OR OUTPUT OF THE SOFTWARE SHOULD NOT BE RELIED UPON FOR CLINICAL DECISION-MAKING, PATIENT CARE, OR OTHER LIFE-CRITICAL PURPOSES.
  • No Warranty of Accuracy, Timeliness, or Compliance NEITHER CAMTRONICS LLC (THE “DISTRIBUTOR”) NOR NATIONAL INTEL LLC (THE “SOFTWARE PROVIDER”) WARRANTS OR REPRESENTS THAT THE SOFTWARE, ITS OPERATION, OR ANY RESULTS OR INFORMATION DERIVED THEREFROM WILL BE ACCURATE, COMPLETE, TIMELY, ERROR-FREE, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR IN COMPLIANCE WITH ANY INDUSTRY-SPECIFIC REGULATIONS.
  • No Obligation to Maintain or Support UNLESS OTHERWISE STATED IN A WRITTEN AGREEMENT, NEITHER THE DISTRIBUTOR NOR THE SOFTWARE PROVIDER IS OBLIGATED TO PROVIDE MAINTENANCE, TECHNICAL SUPPORT, UPDATES, BUG FIXES, ENHANCEMENTS, OR ANY OTHER MODIFICATIONS TO THE SOFTWARE.
  • No Warranty for Third-Party Interoperability TO THE EXTENT THE SOFTWARE RELIES ON OR INTEROPERATES WITH ANY THIRD-PARTY SERVICES, LIBRARIES, OR COMPONENTS, THE DISTRIBUTOR AND THE SOFTWARE PROVIDER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE FUNCTIONALITY, AVAILABILITY, OR SECURITY OF SUCH THIRD-PARTY RESOURCES. ANY USE OF THIRD-PARTY RESOURCES IS AT YOUR SOLE RISK AND SUBJECT TO THE TERMS PROVIDED BY THE THIRD PARTY.
  • High-Risk Activities and Regulatory Compliance THE SOFTWARE IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO OPERATION OF MEDICAL EQUIPMENT, EMERGENCY SERVICES, OR OTHER SCENARIOS WHERE SOFTWARE FAILURE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE. YOU ASSUME ALL LIABILITY IF YOU CHOOSE TO USE THE SOFTWARE IN SUCH SETTINGS AND ARE RESPONSIBLE FOR OBTAINING ANY NECESSARY REGULATORY APPROVALS.
  • Jurisdictional Limitations SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. TO THE EXTENT THAT ANY SUCH LAWS APPLY TO THIS EULA, THE EXCLUSIONS AND LIMITATIONS SET FORTH HEREIN SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND THE LIABILITY OF THE DISTRIBUTOR AND THE SOFTWARE PROVIDER WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED.
  • Entire Risk Assumed by User YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SOFTWARE, INCLUDING ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON THE SOFTWARE’S OUTPUTS OR ANALYSES. NEITHER THE DISTRIBUTOR NOR THE SOFTWARE PROVIDER SHALL BE LIABLE FOR THE CONSEQUENCES OF YOUR USE OR MISUSE OF THE SOFTWARE.
9. Compliance with Laws
  • Governing Law and Jurisdiction This End User License Agreement (“EULA”) shall be governed by and construed in accordance with the laws of the jurisdiction specified by Camtronics LLC (the “Distributor”) and National Intel LLC (the “Software Provider”), without regard to any conflict-of-law principles. You agree that any dispute arising out of or related to the PathCam software (the “Software”) shall be subject to the exclusive jurisdiction of the courts or arbitral forums designated by the Distributor and the Software Provider, as set forth in Section 11 (Dispute Resolution). By using the Software, you expressly consent to the jurisdiction and venue of such forums. By installing or using the Software, you expressly consent to personal jurisdiction and venue in such forums.
  • Export Restrictions and International Regulations
    • (a) Export Compliance. The Software may be subject to export laws and regulations of the United States and other jurisdictions. The Software may be subject to export controls and economic sanctions under the laws of the United States or other jurisdictions. You agree to comply with all applicable international and national export control laws, including restrictions on destinations, end users, and end use. You agree to abide by all applicable export control regulations, including restrictions on destinations, end-users, and end-use. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Software is prohibited by applicable laws or regulations. You further represent that you are not located in or under the control of any country or entity subject to trade sanctions or export restrictions that would prohibit your use or receipt of the Software.
    • (b) User Responsibilities. It is your responsibility to ensure that your use, transfer, or re-export of the Software does not violate any sanctions, embargoes, or export restrictions imposed by relevant authorities. Neither the Distributor nor the Software Provider shall be liable for any violation of export or import regulations by you.
    • Liability for Violations. You assume full responsibility for any violations of export control and sanction laws arising from your use or transfer of the Software. Neither the Distributor nor the Software Provider shall be liable for your failure to comply with these laws.
  • Compliance with Industry-Specific Requirements
    • (a) Healthcare and Life Sciences. If you operate in a regulated environment such as healthcare or life sciences, you are solely responsible for determining whether the Software meets all applicable compliance requirements, including but not limited to HIPAA (Health Insurance Portability and Accountability Act), GDPR (General Data Protection Regulation), or other local and international data protection laws. The Software is not licensed, certified, or intended for diagnostic or clinical use. If you operate in a healthcare or life science environment (including labs, hospitals, or clinics), you must ensure that any deployment of the Software complies with relevant laws, regulations, or standards (e.g., HIPAA, GDPR, FDA, or similar regimes).
    • (b) Mortuary, Academic, and Other Specialized Fields. Where the Software is used in academic research, mortuary services, or similarly specialized fields, you remain accountable for ensuring compliance with all relevant laws, regulations, and professional guidelines that govern those sectors. For usage in academic research, mortuary services, or other specialized fields, you bear full responsibility for compliance with all applicable professional standards, ethical guidelines, and legal requirements. Neither the Distributor nor the Software Provider guarantees the Software’s suitability for any specific regulatory framework.
    • (c) No Liability for Non-Compliance. Neither the Distributor nor the Software Provider makes any representation or warranty that the Software complies with the requirements of any specific industry, regulatory body, or legal jurisdiction. Any usage in such contexts is undertaken at your own risk. Neither the Distributor nor the Software Provider makes any representation or warranty that the Software complies with laws or regulations pertinent to any industry or jurisdiction. No Assurance of Compliance.
  • User’s Obligations and Liability
    • You agree that it is your duty to obtain, maintain, and comply with all necessary approvals, licenses, and permits for using the Software in your specific jurisdiction or professional environment. Any breach of such obligations, or any misuse of the Software in violation of laws, regulations, or professional standards, shall be solely at your risk and expense. You agree to indemnify and hold harmless both the Distributor and the Software Provider for any claims or damages arising out of or related to your non-compliance.
    • Obtaining Licenses and Approvals. You shall procure and maintain any licenses, approvals, or certifications required for your jurisdiction or industry to lawfully use the Software.
    • Verification of Data Handling. To the extent the Software processes, stores, or transmits personally identifiable or otherwise sensitive information, you are responsible for ensuring such data handling complies with applicable privacy or data protection laws (e.g., GDPR, CCPA).
    • Indemnification. You agree to indemnify, defend, and hold harmless the Distributor and the Software Provider from any claims, liabilities, or damages arising out of or related to your non-compliance with laws, regulations, or industry mandates.
    • Assumption of Risk. Your use of the Software is strictly at your own risk with respect to any governmental or regulatory compliance obligations. The Distributor and the Software Provider expressly disclaim any liability for damages or penalties resulting from your failure to comply with such obligations.
  • Jurisdictional Variations If any provision in this Section 9 is unenforceable under the laws of a given jurisdiction, the unenforceability of that provision shall not affect the enforceability of any other provision. The Distributor and the Software Provider shall retain the maximum legal protection afforded in that jurisdiction while adhering to this EULA’s intent.
10. Amendments and Termination
  • Right to Modify Terms
    • Updates to the EULA. Camtronics LLC (the “Distributor”) and National Intel LLC (the “Software Provider”) reserve the right to revise, modify, or replace this End User License Agreement (“EULA”) at their sole discretion. You will be notified of any material changes through one or more of the following methods:
      • A prompt during installation or when launching the PathCam software (the “Software”)
      • A notice posted on the official PathCam website
      • Written or electronic communication sent to the contact information you have provided
    • Acceptance of Revised Terms. Your continued use of the Software following notification of any material changes constitutes your acceptance of the revised EULA. If you do not agree to the updated terms, you must promptly cease all use of the Software and remove all copies from your systems.
  • Grounds for Termination
    • Breach of EULA. The Distributor or the Software Provider may terminate this EULA if you violate any of its terms or fail to cure such violation within a reasonable time after receiving notice, if such notice is feasible.
    • Regulatory or Legal Changes. If any law, regulation, or court order makes the distribution or use of the Software, or any portion thereof, unlawful, the Distributor or the Software Provider may immediately terminate this EULA to maintain compliance.
    • Discontinuation of Software. The Distributor or the Software Provider may discontinue the Software or certain features at any time. In such an event, they may terminate this EULA by providing written notice or public announcement.
  • User-Initiated Termination You may terminate this EULA at any time by permanently discontinuing use of the Software, uninstalling it from all devices, and destroying or securely deleting all associated materials, including backups. Termination of this EULA does not relieve you of any obligations or liabilities incurred prior to the effective date of termination.
  • Effect of Termination
    • Cessation of Rights. Upon termination, all licenses and rights granted to you under this EULA immediately expire. You shall not retain any copies of the Software or related materials.
    • No Refund or Compensation. Unless explicitly stated in a separate written agreement, neither the Distributor nor the Software Provider shall be obligated to issue refunds or credits upon termination, for any reason.
    • Survival of Certain Provisions. All provisions which by their nature should reasonably survive termination—including but not limited to disclaimers of warranties, indemnification, limitations of liability, and ownership provisions—shall remain in full force and effect.
  • Automatic Termination and Enforcement
    • Refusal of Revised Terms. If you refuse to accept any materially revised EULA, your license to the Software shall automatically terminate. You must promptly delete, remove, or destroy the Software and all related documentation.
    • Unauthorized Reproduction or Use. Any unauthorized reproduction, modification, or distribution of the Software beyond the scope of your license shall result in immediate termination without prior notice.
    • Enforcement Rights. The Distributor and the Software Provider reserve the right to take all necessary legal and technical measures to prevent further use of the Software upon termination, including disabling the Software, blocking access, and pursuing legal remedies.
  • Disclaimer of Liability for Termination Neither the Distributor nor the Software Provider shall be liable for any losses, damages, or claims arising from or related to the termination of your rights under this EULA. In jurisdictions where additional disclaimers are required, you acknowledge that your sole remedy in the event of termination is to discontinue use of the Software and remove it from all applicable systems.
11. Dispute Resolution
  • Informal Negotiation Before initiating any formal proceeding, the parties (you, the end user; Camtronics LLC, the “Distributor”; and National Intel LLC, the “Software Provider” or “Developer”) shall first attempt to resolve any dispute, claim, or controversy (“Dispute”) through good faith informal negotiations. A written notice describing the nature of the Dispute and the desired resolution must be delivered to the other party(ies). If the parties do not resolve the Dispute within thirty (30) days of receipt of the notice, the matter may proceed under Section 11.2.
  • Arbitration or Court Proceedings
    • Arbitration Agreement. Except where prohibited by applicable law, any unresolved Dispute shall be submitted to final, binding arbitration, conducted before a single arbitrator under mutually agreed-upon rules or, in the absence of mutual agreement, under the rules of a reputable arbitration institution chosen by the Distributor.
    • Location and Language. The arbitration shall take place in the jurisdiction and language designated by the Distributor, unless otherwise required by applicable law or agreed upon in writing by all parties.
    • Intellectual Property and Unauthorized Use. Notwithstanding anything else in this Section, the Distributor or the Developer may seek injunctive relief in a court of competent jurisdiction regarding intellectual property rights, unauthorized access, or misuse of the PathCam software (the “Software”).
    • Legal Prohibitions. If arbitration is prohibited by law or deemed unenforceable by a court of competent jurisdiction, the Dispute shall be resolved in the courts specified by the Distributor, consistent with Section 9.1, unless a separate written agreement designates a different forum.
  • Class Action Waiver All Disputes shall be pursued on an individual basis, and no party may seek to litigate or arbitrate any Dispute in a class, consolidated, or representative action. If this waiver is found unenforceable, this Section 11 shall be severed, and any Dispute shall proceed in a court of competent jurisdiction on an individual basis only.
  • Costs, Fees, and Damages
    • Primary Responsibility of Distributor. To the fullest extent permitted by law, the Distributor agrees to defend, indemnify, and hold harmless the Developer from any and all costs, fees, expenses, damages, or liabilities (including reasonable attorneys’ fees) arising out of or relating to any Dispute involving the Software, except where the Developer has committed willful misconduct or fraud.
    • No Liability for Developer. Under no circumstances shall the Developer be required to pay, reimburse, or shoulder any arbitration or litigation costs, expert witness fees, or damages of any kind, unless a final, non-appealable judgment finds the Developer solely at fault through willful misconduct or fraud.
    • Allocation of User’s Costs. Unless otherwise mandated by law or ordered by the arbitrator or court, each user is responsible for its own legal fees and costs. The Developer shall not bear any user-initiated expenses under any theory of liability.
    • Indemnification by User. The user’s indemnification obligations in Section 7 remain in effect. If a user’s actions or omissions cause a Dispute that implicates either the Distributor or the Developer, the user shall indemnify and hold them harmless from all resulting liabilities and expenses, including attorneys’ fees, to the extent permissible by law.
    • Prevailing Party. If a final ruling awards costs or damages against any party, such award shall not obligate the Developer to pay or contribute unless the Developer is found solely liable pursuant to Subsection 11.4(2). In all other instances, the Distributor bears primary responsibility.
  • Confidentiality of Proceedings Unless otherwise mandated by law, all Dispute-related proceedings (including arbitration) shall be confidential. The existence of a Dispute, the content of any negotiations, and the outcome of any proceedings shall not be disclosed to any third party without the written consent of all parties, except to enforce an award or judgment, comply with a legal obligation, or as otherwise required by law.
  • Survival and Severability This Section 11 shall survive the expiration or termination of this End User License Agreement. If any provision in this Section is held to be invalid or unenforceable by a court or arbitrator, the remaining provisions shall continue in full force, and the spirit and intent to minimize the Developer’s liability and cost exposure shall be preserved to the fullest lawful extent.
12. Consent and Acknowledgment
  • User Consent to Terms and Conditions By installing, downloading, accessing, or otherwise using the PathCam software (the “Software”), you expressly acknowledge that you have read, understood, and agreed to be bound by the terms and conditions set forth in this End User License Agreement (“EULA”). Camtronics LLC (the “Distributor”) and National Intel LLC (the “Software Provider” or “Developer”) make the Software available to you solely on the condition that you accept all provisions of this EULA without modification.
  • Affirmation of Understanding You affirm that you have had a reasonable opportunity to review this EULA, including all limitations of liability, disclaimers of warranties, and indemnification obligations. You further affirm that you either consulted with, or had the opportunity to consult with, a legal advisor before agreeing to these terms. If you do not agree to all terms, you must immediately cease all use of the Software and remove all copies from your devices or systems.
  • Electronic Signatures and Acceptance Your act of installing or using the Software, or clicking any button or box indicating your acceptance of this EULA during the installation or download process, constitutes a valid and binding signature. This EULA shall have the same legal effect and enforceability as a written, signed agreement.
  • Binding Nature of Agreement Your acceptance of this EULA creates a legally binding contract between you and the Distributor, as well as the Software Provider, according to the governing law designated herein. All rights, remedies, and obligations specified in this EULA are binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns.
  • No Reliance on Outside Representations You acknowledge that, in entering into this EULA, you have not relied upon any statements, representations, warranties, or understandings not specifically set forth within this EULA, including any oral or written statements made by the Distributor, the Software Provider, or their agents regarding the capabilities or performance of the Software.
  • Third-Party Beneficiaries Except as expressly stated otherwise in this EULA, no person or entity other than you, the Distributor, and the Software Provider shall have any right or claim under this EULA. This EULA does not create or confer any third-party beneficiary rights except as required by law or explicitly stated in the agreement.
  • Updates to Consent and Acknowledgment In the event of any amendments or updates to this EULA pursuant to Section 10 (Amendments and Termination), your continued use of the Software after being notified of such changes shall constitute your binding acceptance of all revised terms under this Section 12.

End of Section 12 (Consent and Acknowledgment)

13. Installation and Activation (Revised)
  • Installation Procedures and System Requirements
    • Compatibility. Before installing the PathCam software (the “Software”), you are responsible for reviewing the recommended hardware and operating system requirements as published on the official PathCam website. Neither Camtronics LLC (the “Distributor”) nor National Intel LLC (the “Software Provider” or “Developer”) warrants that the Software will function correctly in environments that do not meet these recommendations.
    • User Responsibilities. You accept full responsibility for acquiring, configuring, and maintaining any devices or systems needed to run the Software. This includes ensuring that your networks, operating systems, and security measures are sufficiently robust to protect your data. Any data loss, corruption, or performance degradation arising from improper setup or system incompatibility remains solely your liability.
    • Installation Media and Electronic Delivery. In the case of physical media, you bear the risk of any loss or damage in transit. If the Software is distributed electronically (e.g., via download), you are responsible for maintaining a secure internet connection and safeguarding any downloaded files.
  • Activation Keys and License Verification
    • License Key Requirement. To activate the Software, you may be required to obtain an activation key, product key, or license file (collectively, “License Key”). You agree not to disclose or share this License Key with any third party, and acknowledge that such disclosure constitutes a material breach of this End User License Agreement (“EULA”).
    • Verification of Agreement Acceptance. By using, entering, or otherwise applying a License Key, you reaffirm your acceptance of this EULA. If the License Key is obtained through unauthorized means, the Distributor or the Software Provider reserves the right to invalidate or suspend it without prior notice.
    • Periodic Verification. The Software may periodically verify the authenticity and status of the License Key (via online or offline mechanisms). Any failure to comply with these checks or detection of unauthorized use may lead to immediate suspension or revocation of your license.
  • Automated or Mandatory Updates
    • Update Process. The Distributor or the Software Provider may deploy updates, patches, or new releases (“Updates”) to enhance or maintain Software functionality or security. By installing or using the Software, you consent to the automatic download and installation of such Updates.
    • Potential Performance or Compatibility Issues. You understand that Updates can sometimes introduce changes that affect performance or compatibility with certain systems or configurations. Neither the Distributor nor the Software Provider shall be liable for any resultant downtime, data loss, or other issues caused by the application of these Updates.
    • No Guaranteed Backward Compatibility. The Distributor or the Software Provider may discontinue support for older versions without liability. If you choose not to install or accept Updates, you do so at your own risk, and the Software may cease to function properly.
  • Retention of Ownership and Control
    • Title and Ownership. All intellectual property rights in and to the Software and any accompanying materials, including Updates, remain vested in the Distributor and/or the Software Provider. No provision of this EULA shall be construed to grant you any ownership interest in the Software.
    • License Scope. Your license to use the Software is strictly limited to the terms set forth in Section 2 (License Grant and Restrictions). Any additional usage rights must be authorized in writing by the Distributor or the Software Provider.
  • Reinstallation and Transfer
    • Uninstall and Reinstall. If permitted by this EULA, you may uninstall the Software from one authorized device and reinstall it on another device owned by you, provided all copies from the previous device are completely removed. Any reinstallation may require a new or reissued License Key.
    • Limitations on Transfer. Any transfer of the Software to a third party (if permitted) is subject to the transferor fully removing the Software from all devices under their control, and the transferee agreeing to be bound by this EULA, including acceptance of disclaimers, limitations of liability, and license restrictions.
  • Acknowledgment of Responsibilities
    • Installation Risks. You recognize that installing or updating the Software carries inherent risks, including possible data corruption or configuration conflicts. You are responsible for backing up your systems and data prior to any installation or update. Neither the Distributor nor the Software Provider bears liability for data loss or corruption arising from your failure to maintain backups.
    • No Warranty for Installation Success. The Distributor and the Software Provider make no warranties that the Software will install successfully on every system or environment. You assume the entire risk of installation, configuration, and operational efficacy of the Software.
    • Release of Liability. You expressly release the Distributor and the Software Provider from any liability or damages arising out of or related to installation, activation, updates, or any issues stemming from system incompatibility or user negligence.
  • Automated or Mandatory Updates (Covered under 13.3)
  • Retention of Ownership and Control (Covered under 13.4)
  • Reinstallation and Transfer (Covered under 13.5)
  • Acknowledgment of Responsibilities (Covered under 13.6)

End of Section 13 (Installation and Activation)