TOBII EYE TRACKING END-USER LICENSE AND USE AGREEMENT (Version 3.0)


Tobii Tech AB, having its registered office at Karlsrovägen 2D, SE-182 53, Danderyd, Sweden (“Tobii”), grants you, the user, a license to use the Tobii Eye Tracking on the following terms and conditions.

In this Agreement, the term “Tobii Eye Tracking” means Tobii eye tracking hardware components including but not limited to Tobii Eye Tracker 4C and Tobii Eye Tracker 5, Tobii eye tracking software including but not limited to Tobii Experience, Tobii Core, Tobii Interaction & Configuration, Tobii Aware , Tobii EyeCore™, Tobii Service, Tobii Eye Tracking Tray, Tobii Ghost, Tobii Interaction Settings UI, Tobii Face Authentication for Windows Hello and any other Tobii hardware or software contained in your device, and any combinations thereof, and related documents (the “Documentation“).

BEFORE USING TOBII EYE TRACKING, PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCEPTING THIS AGREEMENT OR USING TOBII EYE TRACKING YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. You may only enter into this agreement and use Tobii Eye Tracking if you are legally permitted to enter into a binding contract with Tobii.

  1. HOW YOU ARE PERMITTED TO USE TOBII EYE TRACKING

    1.1 You are hereby granted a license to use Tobii Eye Tracking solely for your own use. You are not permitted to re-sell, commercialise or bundle Tobii Eye Tracking into a commercial offering.

    1.2 You may not (a) disassemble, decompile, or reverse engineer any parts of Tobii Eye Tracking by any means; (b) permit or assist any party to derive or attempt to derive the source code of, disassemble, decrypt, decompile or reverse engineer Tobii Eye Tracking, or (c) take any other steps in order to derive design information regarding Tobii Eye Tracking, in each case except to the extent required under compulsory law; provided, however, that in any such event you shall provide Tobii with detailed information regarding the activity.

  2. OWNERSHIP AND EXCLUDED LICENSE

    2.1 You do not own the copyright or any other intellectual property rights in Tobii Eye Tracking. Your rights to use Tobii Eye Tracking are strictly as specified in this Agreement. Tobii retains all rights in and in relation to Tobii Eye Tracking not expressly granted to you in this Agreement.

    2.2 Unless provided in a separate agreement, under no circumstance do you receive a license to any patents owned or controlled by Tobii.

  3. USAGE DATA TO ENHANCE USER EXPERIENCE

    3.1 Tobii Eye Tracking may report anonymous usage statistics and/or error and bug reports to Tobii’s servers to identify any problem that may affect the technical stability and/or overall quality of the application, as well as which of the program components have been in use. For the avoidance of doubt, this data does not include Eye Tracking Data. “Eye Tracking Data” is data about a user’s eye gaze, pupil size, facial expression, behaviour, presence, head pose or position from Tobii Eye Tracking, in raw or processed form, on its own or in combination with other information.

    3.2 By accepting this Agreement you consent to Tobii’s processing of your usage data in accordance with the above.

  4. OPEN SOURCE SOFTWARE

    4.1 Certain components of the Tobii Eye Tracking software may be subject to open-source software licenses (“Open-Source Components”), which means any software license approved as open-source licenses by the Open Source Initiative or any substantially similar licenses.

    4.2 To the extent there is conflict between the license terms covering the Open-Source Components and this EULA, the terms of such licenses will apply in lieu of the terms of this EULA. To the extent the terms of the licenses applicable to Open-Source Components prohibit any of the restrictions in this Agreement with respect to such Open-Source Component, such restrictions will not apply to such Open-Source Component.

  5. NO HIGH RISK OR MEDICAL USE

    5.1 Tobii Eye Tracking is not fault-tolerant. Accordingly, Tobii Eye Tracking is not designed or intended for use in any environment where failure or fault of any kind could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). Accordingly, any High Risk Use of Tobii Eye Tracking is strictly prohibited. High Risk Use includes, for example, aircraft navigation and control of other modes of human mass transportation, military applications and control of nuclear or chemical facilities. Any use in violation of the foregoing is entirely at your own risk and anyone, including you, that violates the foregoing prohibition will be solely responsible for any and all loss, liability or damages resulting therefrom and Tobii disclaims any such responsibility therefor. Furthermore, Tobii Eye Tracking is neither designed nor certified for any use in medically classified devices or environments, for instance for use in hospitals, surgeries, or other healthcare environments (“Medical Use”). Tobii Eye Tracking is prohibited from being used for Medical Use and Tobii disclaims any liability related to such use.

  6. LIMITATION OF LIABILITY AND INDEMNIFICATION

    6.1 In no event will Tobii be liable for the following, regardless of the theory of liability or whether arising out of the use of or inability to use Tobii Eye Tracking or for any other reason, even if it has been advised of the possibility of such damages: (a) indirect, incidental, special or consequential damages; (b) loss or corruption of data or interrupted or loss of business; or (c) loss of revenue, profits, goodwill or anticipated sales or savings. All liability of Tobii, its affiliates, officers, directors, employees, agents and suppliers collectively, to you, whether based in warranty, contract, tort (including negligence), or otherwise, and your exclusive remedy, shall be, the lesser of, return of the fees paid for Tobii Eye Tracking, or USD $200.

    6.2 You agree to indemnify, defend and hold harmless Tobii and its licensors, affiliates, contractors, officers, directors, employees or agents from any and all third party claims, liabilities, costs and expenses, including reasonable attorney fees and punitive damages arising from your violation of any provision of Section 1 of this Agreement.

  7. MISCELLANEOUS

    7.1 If you are an individual, the license granted in this Agreement is for your benefit only. If you represent a company or other legal entity, the license granted in this Agreement is for the benefit only of that company’s or legal entity’s employees and authorized agents. Any person who does not have the benefit of this license in accordance with this Agreement is not permitted to use Tobii Eye Tracking.

    7.2 If you acquired Tobii Eye Tracking in a country or territory listed below, as determined by reference to the address on your purchase order or similar, the following items identify the law that governs this Agreement (notwithstanding any conflict of laws provision) and the specific courts that have exclusive jurisdiction over any claim arising under this Agreement.

        7.2.1
        Country or Territory: United States, Latin America or the Caribbean
        Governing law: State of Pennsylvania, United States of America
        Jurisdiction and Venue: American Arbitration Association, in accordance with its rules; Allegheny County, Pennsylvania

        7.2.2
        Country or Territory: Canada
        Governing law: Province of Ontario, Canada
        Jurisdiction and Venue: Courts of the Province of Ontario, Canada

        7.2.3
        Country or Territory: People’s Republic of China
        Governing law: People’s Republic of China
        Jurisdiction and Venue: Hong Kong International Arbitration Centre

        7.2.4
        Country or Territory: Europe (excluding Nordic Region), Middle East, Africa, Asia or Oceania
        Governing law: Laws of England
        Jurisdiction and Venue: London Court of Arbitration, in accordance with its rules

        7.2.5
        Country or Territory: Nordic Region (Sweden, Norway, Denmark, Finland and Iceland)
        Governing law: Laws of Sweden
        Jurisdiction and Venue: Arbitration Institute of the Stockholm Chamber of Commerce, in accordance with its rules
        7.2.6
        Country or Territory: All other countries or territories
        Governing law: State of Pennsylvania
        Jurisdiction and Venue: American Arbitration Association, in accordance with its rules; Allegheny County, Pennsylvania

7.3 The parties specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. Regardless of the above governing law, either party may seek interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of such party’s intellectual property or proprietary rights.

7.4 You agree that this Agreement and any other document referred to herein is the complete and exclusive statement of the rights and liability each of you and Tobii has in relation to Tobii Eye Tracking.