eGlass Software End User License Agreement

All eGlass software ("Software Products") and accompanying documentation is licensed and not sold. These Software Products are protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Pathway Innovations Inc. or its subsidiaries, affiliates, and suppliers (referred herein as "Pathway") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement"). 

ACCEPTANCE

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY  DOWNLOADING ANY SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY ANY eGlass SOFTWARE PRODUCT.

LICENSE GRANT

This Agreement entitles you to install and use one copy of each Software Product. In addition, you may make one archival copy of each Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.

INTELLECTUAL PROPERTY

All Software Products and all intellectual property rights in the Software Products are protected by U.S. Patent No: 8,508,751 and other U.S. and International Patents , and shall remain, the property of Pathway  All rights in and to the Software Products not expressly granted to you in this Agreement are hereby expressly reserved and retained by Pathway without restriction, including, without limitation, Pathway's right to sole ownership of the Software Products. Without limiting the generality of the foregoing, you agree to not (and to not allow any third party to): (a) use the trade names, trademarks, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Software Product for any purpose without the express written consent of Pathway; (b) register, attempt to register, or assist anyone else to register any trade names, trademarks, service marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Pathway other than in the name of Pathway; or (c) remove, obscure, or alter any notice of copyright, trademark, service mark, logo or other proprietary right appearing in or on any item included with the Software Product.

RESTRICTIONS ON TRANSFER

Without first obtaining the express written consent of Pathway, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

RESTRICTIONS ON USE

You may not use, copy, or install the Software Products on any system with more than one computer, or permit the use, copying, or installation of the Software Products by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Products on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.

You may not modify, adapt, translate, prepare derivative works from, decompile, "reverse-engineer," disassemble, or otherwise attempt to derive the source code for or trade secrets related to the the Software Products.

RESTRICTIONS ON GEOGRAPHICAL USE

You may not use, transfer, transmit, export, or re-export all or any part of the Software Products or any product thereof, in violation of any export control laws or regulations of the United States or any other relevant jurisdiction.  In addition, you may not use, download, or buy the Software Products in China, nor distribute, export, transfer, transmit, or sell the Software Products to any third party in China.  You may not cause nor permit any third party to engage in any of the foregoing proscribed acts.

RESTRICTIONS ON ALTERATION

You may not modify the Software Products or create any derivative work of the Software Products or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Products.

RESTRICTIONS ON COPYING

You may not copy any part of the Software Products except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.

DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY Pathway, Pathway MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THESE SOFTWARE PRODUCTS.

 Pathway makes no warranty that the Software Products will meet your requirements or operate under your specific conditions of use. Pathway makes no warranty that operation of the Software ProductS will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCTS SUFFICIENTLY MEET YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCTS TO MEET YOUR REQUIREMENTS. Pathway WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

 UNDER NO CIRCUMSTANCES SHALL Pathway, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF  SOFTWARE PRODUCTS, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF Pathway OR ANY OTHER PARTY, EVEN IF Pathway IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS Pathway'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED. 

LIMITATION OF REMEDIES AND DAMAGES

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Products. Selection of whether to correct or replace shall be solely at the discretion of Pathway. Pathway reserves the right to substitute a functionally equivalent copy of the Software Products as a replacement. If Pathway is unable to provide a replacement or substitute Software Products or corrections to the Software Producst, your sole alternate remedy shall be a refund of the purchase price for the Software Products exclusive of any costs for shipping and handling.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Pathway to have been caused by you. All limited warranties on the Software Products are granted only to you and are non-transferable. You agree to indemnify and hold Pathway harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Governing Law, Jurisdiction and Costs

This Agreement is governed by the laws of California, without regard to California's conflict or choice of law provisions.

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

Purchasing Conditions

ORDERS SUBJECT TO CERTAIN CONDITIONS

All orders are subject to acceptance and availability. Please note that items that you may order are not reserved and may be purchased by other customers. EGLASS reserves the right to designate and ship to a single address, when multiple items have been ordered by any given customer. Any potential returns and refunds of EGLASS products purchased through the Site are subject to EGLASS’ refund policy.

PRICING POLICY

 All prices displayed on the Site shall be in US Dollars, exclusive of any applicable taxes, duties, or fees. We reserve the right to charge applicable sales taxes, including, but not limited to New York and/or California state sales tax for goods shipped to certain destinations. We also reserve the right to charge any applicable duties, tariffs, fees, VAT taxes, etc. that may apply to any given customer. Prices for any merchandise designated or displayed on the Site are subject to change in the event applicable currency exchange rates change before your order is accepted. If you are a customer whose credit card or other payment method is not denominated in US Dollars, the final price for any merchandise ordered will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction or the day the other payment method is consummated.

ORDER ACCEPTANCE AND CONTRACT 

It is understood that an email acknowledging the details of your order, following placement of your order does NOT constitute an acceptance of your order, merely confirmation of receipt of such order by EGLASS. We reserve the right not to accept yours or any customer order or to sell goods to any person or party, for any reason, in our sole discretion including, for purposes of illustration only, if we cannot obtain payment, or if the ordered item is no longer in stock. In the event of such refusal to process an order, a suspension of an order, or refusal to sell merchandise, we shall not bear any liability to you or any third party as a result. An order shall be deemed completed only upon packing and shipping of that order, unless expressly cancelled by you beforehand and only when such merchandise is shipped shall a contract between you and EGLASS be formed.

ORDERS, PROHIBITION ON RESELLING, AND PRICE

You hereby warrant and agree that You may not purchase any item from the Site for purposes of reselling any such item by you or any other person and you may not resell any item purchased from this site. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

PURCHASE INFORMATION ACCURACY

In order to make purchases through the Site, you will be requested to provide your personal details. By way of example only, Customers may be asked to provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided. You hereby warrant that the credit card information provided by you is correct, and you shall promptly notify EGLASS of any changes to such credit card information.

Return Policy

RETURN POLICY FOR DEFECTIVE PRODUCTS PURCHASED THROUGH THE SITE

Defective merchandise will be accepted for return within sixty (60) days from the date of purchase (invoice date), only with express prior written authorization from EGLASS. Please call 1-866-201-2056 or email support@eglass.io to obtain a Return Material Authorization (“RMA”) number before returning any product(s).

EGLASS Product(s) must be returned securely in their original packaging along with any and all other items that were included in the original packaging (i.e., without limitation, accessories, warranty card, owners manuals, etc.)

EGLASS Product(s) which have been returned with missing packaging, manuals, accessories, software cables, etc., will result, in our sole discretion, in a deduction from the refund issued. In addition, we may, in our sole discretion, charge restocking fees and/or handling fees. Restocking fees and/or handling fees will not exceed fifteen percent (15%) of the original purchase price. 

EGLASS Product(s) returned to EGLASS must reference the RMA number and include the RMA authorization form issued. EGLASS will pay for return shipping charges only if the return is due to damaged or defective products. Once your RMA has been approved, if you have been issued a call tag you have seven (7) days in which to take the product to the identified carrier. If you are responsible for shipping the return, then you have seven (7) days to ship the product via a traceable carrier. EGLASS is not responsible for any loss or damage that may occur during shipping.

EGLASS reserves the right to refuse any shipment returned that does not comply with this return policy.

CANCELLATION AND RETURN POLICY FOR NON-DEFECTIVE PRODUCTS PURCHASED THROUGH THE SITE

 We value your interest and support of EGLASS products and wish to make certain that you are completely satisfied with the product(s) you have chosen to purchase. Under this policy, you may return the product(s) purchased for a refund of the purchase price paid, less shipping and handling, deductions, and applicable restocking fees as follows:

EGLASS Product(s) may be accepted for return within thirty (30) days from the date of purchase (invoice date) only with written authorization from EGLASS. Please call 1-866-201-2056 or email to support@eglass.io to obtain a Return Material Authorization (“RMA”) number before returning any merchandise.

EGLASS Product(s) must be returned securely in their original packaging along with any and all other items that were included in the original packaging (i.e., without limitation, accessories, warranty card, owners manuals, etc.)

EGLASS Product(s) which have been returned with missing packaging, manuals, accessories, software cables, etc., will result, in our sole discretion, in a deduction from the refund issued. In addition, we may, in our sole discretion, charge restocking fees and/or handling fees. Restocking fees and/or handling fees will not exceed fifteen percent (15%) of the original purchase price.

EGLASS Product(s) returned to EGLASS must reference the RMA number and include the RMA authorization form issued. The returned package must be prepaid and insured at your expense. If you choose not to insure the shipment, you accept the risk of loss or damage during the shipment. EGLASS is not responsible for any loss or damage that may occur during shipping.