EULA v1.0 and later

Review the DeGirum PySDK End-User License Agreement (EULA) for PySDK v1.0+ to understand the terms governing your use of DeGirum PySDK and any Application Packages designed to operate with it.

IMPORTANT - PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE.

This End-User License Agreement ("EULA") is a legal agreement between you, the "Licensee", (either an individual or a single entity) and DeGirum Corporation, a Delaware corporation (the "DeGirum Corporation"), governing your use of the DeGirum PySDK software ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software.

Software scope. For purposes of this EULA, “Software” means the DeGirum PySDK software and any DeGirum-provided application packages, sample applications, extensions, plug-ins, or other components that are built using, distributed with, or designed to operate with PySDK (collectively, “Application Packages”), unless DeGirum provides different terms with a specific component.

Version applicability. This EULA applies to DeGirum PySDK version 1.0 and later. If you are using DeGirum PySDK version 0.20.0 or earlier, your use is governed by the prior PySDK EULA applicable to those versions.

1. GRANT OF LICENSE

Subject to full and ongoing compliance with this Agreement and payment of all applicable fees, DeGirum Corporation grants Licensee a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Software solely for internal development purposes and integration into Licensee’s products, as expressly authorized herein.

2. RESTRICTIONS

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

1. Sell, lease, rent, transfer, assign, sublicense, or otherwise distribute the Software without prior written consent from DeGirum Corporation;

2. Reverse engineer, decompile, disassemble, or attempt to drive the source code of the Software, except to the extent that expressly permitted by applicable law;

3. Use the Software for competitive analysis, benchmarking, or development and commercialization of competing products;

4. Use the Software in any manner that could damage, disable, overburden, impair or interfere with DeGirum Corporation’s services or interfere with any third party's use and enjoyment of the Software;

5. Use the Software for any unlawful purpose or in violation of any applicable laws or regulations;

6. Attempt to gain unauthorized access to the Software or its related system or networks; or

7. Export or re-export the Software in violation of any applicable U.S. or foreign export laws or regulations.

DeGirum Corporation reserves the right to monitor compliance with these restrictions and may terminate the license immediately upon any violation. DeGirum Corporation may also seek injunctive relief and pursue all available legal remedies for any breach of these restrictions.

3. OWNERSHIP

All rights, title, and interest in and to the Software, including all intellectual property rights therein, all copies, modifications, enhancements, updates, derivative works, and related materials are and will remain the exclusive property of DeGirum Corporation. Any rights not expressly granted to you are reserved by DeGirum Corporation. You agree not to challenge, contest, or otherwise impair DeGirum Corporation's ownership of the Software or the validity or enforceability of DeGirum Corporation's intellectual property rights related to the Software. Furthermore, you acknowledge that any feedback, suggestions, or ideas you provide regarding the Software may be used by DeGirum Corporation without any obligation to compensate you, and you hereby assign all rights in such feedback to DeGirum Corporation.

4. TERMINATION

This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from DeGirum Corporation if you fail to comply with any term(s) of this EULA. Upon termination of this EULA for any reason:

1. all rights and licenses granted to you under this EULA shall immediately terminate;

2. you must immediately cease all use of the Software;

3. you must promptly destroy all copies, full or partial, of the Software in your possession or control.

Section 2, 3, 5, 6, 7, 8, 9, 10, 11 and 12 herein shall survive any termination of this EULA.

5. DATA ACCURACY & DISCLAIMER

The Software may transmit or process data. DeGirum makes no warranty as to the accuracy, completeness, timeliness, or reliability of any such data, and shall have no liability for delays, errors, omissions, interruptions, or losses of data.

6. THIRD-PARTY SOFTWARE

Any third-party software accessible through or included with the Software is provided “AS IS” and subject solely to the applicable third-party license. DeGirum disclaims all responsibility and liability for third-party products.

7. DATA, CLOUD SERVICES, AND CUSTOMER CONTENT

7.1 DeGirum Services

Certain features of the Software may interact with DeGirum-hosted services, including the DeGirum Hub available at hub.degirum.com (collectively, the “DeGirum Services”). By using the DeGirum Services, you authorize DeGirum Corporation to receive, access, host, process, transmit, and store data as described in this Section 7.

7.2 Customer Data stored in DeGirum databases

In connection with account creation, authentication, billing, support, and operation of the DeGirum Services, DeGirum Corporation may collect and store the following information in its databases (collectively, “Customer Data”):

• User email address.

• User Auth0 ID (Auth0 is DeGirum’s authentication provider).

• User ChargeBee ID (ChargeBee is DeGirum’s subscription and billing administration provider).

• Image size for each image passed for inference.

7.3 Customer Content stored in AWS S3

In connection with the DeGirum Services, DeGirum Corporation may store certain customer-provided files and artifacts in cloud storage, including Amazon Web Services (AWS) S3 (“Customer Content”), such as:

• Customer models (stored in AWS S3 buckets).

• For each unsuccessful compilation request: the model checkpoint file and all images passed for compilation (stored in AWS S3 buckets).

7.4 Purpose of processing

DeGirum Corporation will process Customer Data and Customer Content for the purposes of: (a) providing and operating the DeGirum Services and Software functionality; (b) authenticating users and preventing fraud or abuse; (c) administering subscriptions and billing; (d) providing customer support, troubleshooting, and service communications; and (e) maintaining, securing, and improving the DeGirum Services and Software (including debugging, performance monitoring, and reliability).

7.5 Third-party service providers

DeGirum Corporation may use third-party service providers to support the DeGirum Services, including Auth0 (authentication), ChargeBee (subscription and billing administration), and Amazon Web Services (AWS) (hosting and storage). These providers may process Customer Data and/or Customer Content on DeGirum Corporation’s behalf solely to provide their services.

7.6 Customer responsibilities; rights in Customer Content

You represent and warrant that you have all rights, permissions, and lawful basis necessary to provide Customer Content to DeGirum Corporation and to permit the processing described in this EULA (including any rights or consents needed to submit images or other materials that may contain personal information). As between you and DeGirum Corporation, you retain ownership of your Customer Content. You grant DeGirum Corporation a limited, worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, and process Customer Content solely as necessary to provide, secure, support, and improve the DeGirum Services and Software as described in this EULA.

7.7 Security; retention; deletion

DeGirum Corporation will use reasonable administrative, technical, and organizational measures designed to protect Customer Data and Customer Content against unauthorized access, loss, misuse, or alteration.

Unsuccessful compilation retention: DeGirum Corporation will retain model checkpoint files and images submitted for compilation associated with an unsuccessful compilation request for up to thirty (30) days for troubleshooting, support, and service integrity purposes, unless a shorter period is required by law or you request earlier deletion where applicable.

DeGirum Corporation may retain certain information as required by law or as reasonably necessary to protect its rights, prevent fraud or abuse, maintain system integrity, and comply with backup, audit, and dispute-resolution requirements.

7.8 License verification & renewal

7.8.1 License verification

The Software includes license enforcement features that verify license validity while the Software is in use. Verification is performed using a combination of (a) local checks and (b) periodic communications with our license services.

7.8.2 Information used

To perform license verification and renewal, the Software may use and/or transmit the following:

1. a license token or entitlement identifier;

2. a machine identifier (device ID) used to associate the license with a specific device; and

3. the license renewal date and related license status metadata (e.g., active/expired).

“Machine identifier” means an identifier derived from device and/or operating system characteristics or generated by the Software and stored locally.

7.8.3 Verification method & frequency

Local verification: During normal operation, the Software may validate license status using locally stored license information (for example, a local license file).

Periodic online verification and renewal: Approximately once every ten (10) days while the Software is in use, the Software will contact our servers (including AI Hub license services, as applicable) to verify and renew license status. Upon successful verification, the locally stored license information may be updated to reflect a refreshed renewal date.

7.8.4 Consequences of failed verification

Because the Software does not provide an offline grace period, if the periodic online verification or renewal cannot be completed when required (including due to lack of connectivity or blocked communications), the Software may:

1. suspend operation,

2. restrict functionality,

3. require re-authentication or re-activation, and/or

4. treat the license as expired until verification succeeds.

7.8.5 Limited purpose; no content collection

Information collected or transmitted under this section is used solely for license verification, renewal, fraud prevention, and related compliance purposes. The license verification process is not intended to collect the contents of your files or other customer data processed by the Software.

Additional details about how DeGirum collects and uses personal information are described in DeGirum Corporation’s Privacy Policy.

7.9 Privacy policy

DeGirum Corporation’s collection and use of personal information may also be described in DeGirum Corporation’s Privacy Policy. In the event of a conflict between this EULA and the Privacy Policy, this EULA controls for licensing and permitted use of the Software, and the Privacy Policy controls for privacy disclosures.

8. DISCLAIMER OF WARRANTIES

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DEGIRUM COPORATION DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL DEGIRUM CORPORATION BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR ANY OTHER PECUNIARY LOSS) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATING TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF DEGIRUM CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

10. GOVERNING LAW

This EULA shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law principles.

11. ENTIRE AGREEMENT

This EULA constitutes the entire agreement between you and DeGirum Corporation with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. DeGirum Corporation reserves the right, at its sole discretion, to modify, amend, or replace this EULA and the license granted hereunder. Any such amendments will be effective upon notice to you or upon posting of the amended EULA on DeGirum Corporation’s website. By continuing to access or use the Software after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Software.

12. ARBITRATION

Any dispute arising from or relating to this Agreement shall be resolved by binding arbitration in Santa Clara County, California, administered by the American Arbitration Association, and judgment may be entered on the award in any court of competent jurisdiction.

DeGirum Corporation 275 Saratoga Ave Suite 220, Santa Clara, CA 95050 https://degirum.com [phone]

By using the Software, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions.