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END USER TERMS OF USE

 

Seeed Technology Co.,Ltd. (“Seeed”) is pleased to offer to its website visitors the ability to use the interactive Geppetto software platform, licensed to Seeed by Gumstix, Inc. (“Gumstix”).  Such use is governed by the terms and conditions set forth below.  Please read these terms and conditions carefully. Your use, ordering or purchasing any product offered on this website indicates your acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Seeed or Gumstix. Seeed and Gumstix reserve the right to make changes to this website and these terms and conditions at any time.

 

License Rights

 

Subject to these terms and conditions, Seeed grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited sublicense to use the Modular Design System Geppetto ("Service") for the sole and limited purpose of creating a new electronic product design ("Design"). In connection with your use of the Service, you shall comply with all applicable laws, rules and regulations. You shall not, and shall not permit any third party to: (i) copy, modify, translate, or create derivative works of the Service; (ii) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of any part of the Service, (iii) lend, lease, offer for sale, sell or otherwise use any part of the Service for the benefit of third parties; or (iv) attempt to circumvent any license, timing or use restrictions that are built into any part of the Service.

 

Subject to these terms and conditions, you grant Seeed and Gumstix a limited, non-transferable license to make, have made, use, sell, reproduce, distribute and display your Design as required to (i) manufacture hardware based on your Design, either at your request or at the request of your explicit or implicit designees and (ii) share your Design with third parties of your choosing, if any. If you ask Seeed or Gumstix to manufacture hardware based on your Design, your order is subject to either party’s standard ordering terms and you are solely responsible for paying all fees associated with your order.

 

Confidentiality and Sharing

 

By default, your design is private and your own.  When you use the Service you are providing Seeed and/or Gumstix with information related to a potential hardware Design. We will not share your Design with any third party except as required to build the Design or as authorized by you. You of course can also choose to share your Design with specific third parties that you select, or even the entire Seeed and/or Gumstix community. Please be careful not to share any Design that you wish to keep private, as we have no control over any third parties with whom you share a Design.

 

Limitations on Design Use

 

Boards generated by Geppetto are intended for use for ENGINEERING DEVELOPMENT, DEMONSTRATION, OR EVALUATION PURPOSES ONLY and are not considered to be a finished end-product for consumer use. They are not tested for compliance with the limits of computing devices pursuant to part 15 of FCC rules, which rules are designed to provide reasonable protection against radio frequency interference. Operation in other environments may cause interference with radio communications, in which case you at your own expense will be required to take whatever measures may be required to correct this interference.

 

Intellectual Property

 

This site is owned by Seeed and licensed from Gumstix.  Unless otherwise specified, all materials appearing on this website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of either Seeed or Gumstix. All software used on the site is the sole property of Seeed or Gumstix or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Gumstix' prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.  Seeedstudio is registered trademark, trademark or service mark of Seeed.  "Gumstix" and "dream, design, deliver" are registered trademarks, trademarks or service marks of Gumstix. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Gumstix. All other trademarks or service marks are property of their respective owners. The use of any Seeed or Gumstix trademark or service mark without the owning party’s express written consent is strictly prohibited.  Seeed and Gumstix adhere to the law known as the Digital Millennium Copyright Act (“DMCA”) and in that regard if a claim is made that any Design hosted on the Service infringes the copyright rights of any third party Seeed and Gumstix shall follow the DMCA procedures.  If you believe that any of your copyrighted works are infringed by use of the Service you should address your concern to Seeed and/or Gumstix.

 

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers Seeed or Gumstix shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Seeed or Gumstix shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Seeed or Gumstix shall immediately issue a credit to your credit card account in the amount of the charge.

 

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Seeed and Gumstix are not responsible for the operation of or content located on or through any such site.

 

 

 

Indemnification

 

You agree to indemnify, defend and hold Seeed and Gumstix harmless from any third party claim arising out of any Design you create, including but not limited to any claims that such design infringes upon the patent or copyright rights of such third party.  In the event that Seeed or Gumstix receive notice of any such claim they shall promptly notify you of the same and agree to cooperate with you in defense of the claim at your expense.  In the event you fail to defend against the claim Seeed and/or Gumstix may appoint their own counsel at your expense to defend the claim.  

 

Jurisdiction and Venue 

 

You agree that any legal action brought against Seeed or Gumstix shall be governed by the laws of the State of [Partner state] or California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the www.gumstix.com sites shall be an appropriate federal or state court located in Shenzhen(for Seeed) or San Mateo County California (for Gumstix).

 

High Risk Activities

 

Products created using the Service ("the Product(s)") are not fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, medical devices, direct life-support machines, or any other application in which the failure of the Product could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). The Company expressly disclaims any express or implied warranty of fitness for High Risk Activities.

 

Export Management and Compliance Program Guidelines (EMCP)

 

You agree that you shall adhere to all U.S. Export Administration laws and regulations and if exporting or re-exporting any technical data or products created using the Service, or the direct product of such technical data, and shall do so only to a country proscribed to be a country to which Seeed or Gumstix ships, unless properly authorized by both the either and the U.S. Government, subject to the limitation described as follows:

 

No technical data or products received from Seeed or Gumstix, or the direct product of such technical data, may be exported to any destination, except the countries listed in supplement no. 3 to part 744 of the EAR (Countries Not Subject to Certain Nuclear End-Use Restrictions in §744.2(a)), if the item is to be incorporated into or used in nuclear weapons, nuclear explosive devices, nuclear testing related to activities described in §744.2(a) of the EAR, the chemical processing of irradiated special nuclear or source material, the production of heavy water, the separation of isotopes of source and special nuclear materials, or the fabrication of nuclear reactor fuel containing plutonium, as described in §744.2(a) of the EAR.

 

Privacy Rights

 

Seeed and Gumstix take your privacy seriously and will abide by those laws relating to such privacy, including but not limited to the GDPR and the CCPA.  You can view  Seeed’s  privacy policy at www.seeedstudio.com and Gumstix’s privacy policy at www.gumstix.com.  

 

Disclaimer and Limitation of Liability as to Seeed and Gumstix Websites

 

The www.seeedstudio.com and www.gumstix.com websites and the materials therein are provided “as is.”  Neither Seeed nor Gumstix makes any representations or warranties, either express or implied, of any kind with respect to such websites, their operations, contents, information or materials. Seeed and Gumstix expressly disclaim all warranties, express or implied, of any kind with respect to the sites or their use, including but not limited to merchantability and fitness for a particular purpose. You agree that Seeed and Gumstix, their directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of these websites. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.  IN NO EVENT SHALL LIABILITY TO YOU ARISING OUT OF OR RELATING TO ANY PRODUCT OR USE OF SUCH WEBSITE EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO SEEED OR GUMSTIX FOR SUCH PRODUCT. IN NO EVENT WILL SEEED OR GUMSTIX BE LIABLE FOR LOST USE, PROFITS, REVENUE, COST OF PROCUREMENT OF SUBSTITUTE GOODS, OR ANY SPECIAL, INDIRECT, RELIANCE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER SEEED OR GUMSTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

General

 

These terms and conditions set forth the entire agreement between you and Seeed and Gumstix concerning your use of the Service and creation of any Design or Product, and supersede any other understanding, proposal or agreement relating to the subject matter hereof.  These terms and

conditions may not be modified except as expressly authorized by Gumstix.  In the event any portion of these terms and conditions are deemed invalid the rest of these terms and conditions to the extent they are not directly affected by such invalidity shall remain in full force and effect.  

Seeed and Gumstix appreciate hearing from their users and welcomes your comments. Please be advised, however, that, if you send Seeed or Gumstix creative ideas and except as otherwise noted in this document, then Gumstix:

  1. Shall own, exclusively, all known or later discovered rights to the creative ideas;
  2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
  3. Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.