END USER LICENSE AGREEMENT
Cognitive Metropolis LLC, a Colorado limited liability company, manufactures Amendment 1. This End User License Agreement (“EULA”) governs your use of: (a) the Amendment 1 device (“Amendment 1”), and (b) any firmware and software that is pre-installed on Amendment 1 (“Software”). If you are a resident of the European Economic Area, by agreeing to this EULA, you expressly agree to waive your right to withdraw.
Changes to This EULA
We may amend this EULA at any time in our sole discretion. Such amendments shall be effective immediately upon posting of the amended EULA on our website. Following such posting or notice, continued use of Amendment 1 means you accept and agree to the amended EULA.
Permitted Use and Restrictions
Except as expressly provided under this EULA, you do not acquire any intellectual property or other proprietary rights in or to Amendment 1 or the Software, including any rights in patents, inventions, improvements, designs, trademarks, database rights or copyrights, nor do you acquire any rights in any confidential information or trade-secrets. All rights not expressly granted to you in this EULA are reserved by Cognitive Metropolis or its applicable licensors. You may not remove, obscure, alter or conceal any trademark, logo, copyright or other proprietary notice in or on any Amendment 1 or the Software.
Amendment 1 leverages certain opensource software, all of which is governed by the GNU General Public License, version 2 or later (“GNU License”). A copy of the GNU License may be found at: www.gnue.org/licenses. Subject to this EULA, and where appropriate, the GNU License, you have a non exclusive, non-transferable license to run the Software only in and as incorporated in Amendment 1. This is a license and not a sale. Under this EULA, you may not (a) copy, assign, sublicense, lease, sell or rent the Software, (b) distribute or otherwise transfer the Software except as incorporated in Amendment 1; (c) modify, adapt, translate, or create derivative works of the Software (except only to the extent any of the foregoing restriction is prohibited by applicable law or as may be permitted under the GNU License); or (d) decompile, disassemble, reverse engineer or otherwise derive source code from the Software (except only to the extent any of the foregoing restriction is prohibited by applicable law or as may be permitted under the GNU License). Amendment 1 also leverages the Tor network, a group of volunteer-operated servers that allows people to improve their privacy and security on the Internet: www.torproject.org. By using Amendment 1, you too will become a part of the Tor network. Your right to use Amendment 1 and the Software will immediately terminate upon your breach of this EULA.
Returns & Refunds
Cognitive Metropolis will issue a refund (minus a 20% restocking fee) for all Amendment 1s returned to us within 30-days of the purchase date. No questions asked. Simply ship the Amendment 1 to the contact address provided below. Be sure to include a copy of your original receipt, as well as, your contact information, so we can work with you to process your refund.
WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. COGNITIVE METROPOLIS DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COGNITIVE METROPOLIS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT AMENDMENT 1 OR THE SOFTWARE WILL BE: (I) SECURE, VIRUS-FREE OR ERROR FREE, OR (II) FREE FROM ATTACK OR SECURITY INTRUSION. Some jurisdictions do not allow exclusions or limitations on implied warranties, so the foregoing limitations of warranties may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction.
(B) IN NO EVENT SHALL COGNITIVE METROPOLIS, ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF AMENDMENT I OR THE SOFTWARE, OR YOUR USE THEREOF; AND
(C) YOU AGREE THAT THE TOTAL CUMULATIVE LIABILITY OF COGNITIVE METROPOLIS, ITS DIRECTORS, OFFICERS AND EMPLOYEES UNDER THIS EULA, INCLUDING LIABIILTY RELATING TO AMENDMENT 1 AND THE SOFTWARE, AND YOUR USE THEREOF, SHALL NOT EXCEED YOUR PURCHASE COST OF AMENDMENT 1. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDY PROVIDED HEREIN FAILS ITS ESSENTIAL PURPOSE AND EVEN IF COGNITIVE METROPOLIS ITS DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
You agree not to export or re-export any Amendment 1 or the Software into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country as to which the United States or your country has embargoed goods, or to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or on similar restricted lists published by your government from time to time. By using any Amendment 1 or the Software, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Choice of Law; Dispute Resolution
A. If you are a consumer and a resident in any country in the European Economic Area where Cognitive Metropolis directly sells Amendment 1 or expressly authorizes the sale of Amendment 1 through its distribution channel, this EULA does not apply to you.
B. In all other cases, including if you are a resident of the United States (and its possessions and territories), Mexico or Canada, you agree that this EULA shall be governed by the laws of the State of Colorado without regard to any conflict of laws principles that may provide the application of the law of another jurisdiction; and:
- You and Cognitive Metropolis agree to be bound by the procedures set forth below to resolve any and all claims arising out of or relating to any aspect of this EULA, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including but not limited to, claims related to Amendment 1 and the Software. Each such claim is referred to individually as “Claim” and collectively as “Claims”.
- You and Cognitive Metropolis agree that, except for the claims identified in paragraph 4 of this section any, all claimsshall be finally settled by binding arbitration. The arbitration shall take place in El Paso County, Colorado, and shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules, including (if applicable) the AAA’s Supplementary Procedures for Consumer-Related Disputes. Please be aware there is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than the rules applicable in court, and review of the arbitrator’s decision by a court is limited. YOU AND COGNITIVE METROPOLIS FURTHER AGREE THAT EACH OF YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator may not consolidate or join more than one person’s claim and may not preside over any consolidated, representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive or declaratory relief) only on an individual basis and may not award any form of consolidated, representative or class-wide relief. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in this provision is deemed invalid or unenforceable, or if an arbitration is allowed to proceed on a class basis, then neither you nor Cognitive Metropolis are entitled to arbitrate the Claims. This arbitration provision is subject to the Federal Arbitration Act. The arbitrator’s award shall be binding on you and Cognitive Metropolis, and may be entered in any court of competent jurisdiction.
- Information on AAA and how arbitration is initiated can be found at www.adr.org or by calling 800-778-7879.
- This agreement to arbitrate does not apply to any Claim (a) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights), or (b) that may be brought in small-claims court.
- If the agreement to arbitrate in this provision is found to be invalid, unenforceable or inapplicable to a given Claim, then any and all proceedings to resolve such Claim must be brought exclusively in a federal court of competent jurisdiction in the Colorado District Court or in a state court in El Paso County, Colorado. You hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.
- Notwithstanding any provision in this Agreement to the contrary, you agree that, if Cognitive Metropolis seeks to delete or materially modify the agreement to arbitrate described herein, any such deletion or modification will not apply to any individual Claim of which you have notified Cognitive Metropolis prior to such modification.
Cognitive Metropolis may transfer its rights and obligations under this EULA to another organization. You may only transfer your rights or your obligations under this EULA to another person if Cognitive Metropolis agrees in writing. This EULA is between you and Cognitive Metropolis. No other person shall have any rights to enforce these terms. Each of the paragraphs of this EULA operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If Cognitive Metropolis fails to insist that you perform any of your obligations under this EULA, or if Cognitive Metropolis does not enforce its rights against you, or if Cognitive Metropolis delays in doing so, that will not mean that Cognitive Metropolis has waived its rights against you, or that you do not have to comply with those obligations.
If you wish to contact Cognitive Metropolis, please send your correspondence by mail to Cognitive Metropolis LLC, 201 East Pikes Peak Avenue, #1678, Colorado Springs, CO 80901, or by email to questions[at]cognitivemetropolis[dot]com.