END-USER LICENSE AGREEMENT

A. DEFINITIONS

The term, “Getac Software” as used in this EULA, shall mean any and all software, applications or updates developed by Getac Technology Corporation, that are installed on Getac Devices, including laptops, tablets and accessories.

B. APPLICATION

This EULA governs your use of the Getac Software and all related documentation, together with any support services related to the Getac Software. This EULA also applies to any Getac Software update and upgrade that Getac may provide or make available to you, unless Getac provides a separate license with such update and upgrade, in which case the terms of that license will govern.

C. GRANT OF LICENSE

Your compliance with all the terms and conditions of this EULA is a condition precedent to the license granted herein. Getac grants you a non-exclusive, non-transferable, and revocable license, without the right to sublicense, to use the Getac Software on a single Getac Device for your own internal business use, subject to the reservations and restrictions set forth in this EULA. Furthermore, subject to the terms and conditions of this EULA, you are granted a non-exclusive, non-transferable, non-sublicensable and revocable license to download Getac Software updates that may be made available by Getac to update the Getac software on a Getac Device owned or controlled by you. 

You may make one copy of the Getac Software and all the supporting, accompanying documentation (“Documentation”) in machine-readable form for back-up purposes only in support of your use of the Getac Software as permitted hereunder, provided that the back-up copy must include all copyright or other proprietary rights notices contained on the original Getac Software and the Documentation.

D. RESTRICTIONS AND LIMITATIONS

• Reservation of Rights. The Getac Software is protected by copyright and other intellectual property laws and treaties. All title, copyrights, proprietary rights, and other intellectual property ownership rights in and to the Getac Software, the Documentation, and copies thereof, the content embodied therein, and derivative works thereof, are owned by Getac and/or its suppliers thereto. The Getac Software is licensed, not sold to you. In doing so, you must comply with any technical limitations in the Getac Software that only allow you to use it in certain ways. You may not remove or alter any copyright or other proprietary notice contained in the Getac Software. Getac reserves all rights and interest not expressly granted to you in this EULA.

• Restrictions. Except as expressly provided herein, this EULA does not grant you any rights to patent, copyrights, trade secret, trademarks, or any other rights in respect to the Getac Software and the Documentation. The Getac Software is licensed for single Getac Device. This EULA does not grant any license, under any Getac’s intellectual property, to implement any functionality contained in the Getac Software to any other non-Getac hardware or software products. You shall not transfer the Getac Software to another Getac or non-Getac device. You shall not, and agree not to enable others to, (i) copy the Getac Software, except that you may make a single copy of the Getac software for back-up purposes only; (ii) modify or alter the Getac Software; (iii) create derivative works of the Getac Software or any services provided by the Getac Software; (iv) decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of any software included in the Getac Software; (v) translate or reduce the software components of the Getac Software by any other means to a human readable form; (vi) work around any technical limitations in the Getac Software; or (vii) otherwise exploit the Getac Software in a manner not permitted under this EULA.

• Transfer. Except as expressly authorized in this EULA, you agree that you will not (nor allow third parties to) rent, loan, lease, lend, sell, transfer, assign, distribute, sublicense or otherwise make available the Getac Software or its functionality to any third party, without the prior written consent of Getac. You may, however, make a one-time permanent transfer of all rights to the Getac Software to another party in connection with the transfer of ownership of your Getac Device, provided that: (i) the transfer must include your Getac Device and all of the Getac Software as well as the Documentation, including all its copies, whether in printed or machine readable form, and this EULA; (ii) you do not retain any copies of the Getac Software and the Documentation, full or partial, including copies stored on a computer or other storage device; and (iii) the party receiving the Getac Software reads and agrees the terms and conditions of this EULA.

E. PRIVACY POLICY

By using the Getac Device and/or Getac Software you agree and acknowledge that you have read, understood, and consented to the data collection, use, and disclosure provisions set forth in the Getac Privacy Policy, which is available at https://www.getac.com/intl/privacy-policy/ (“Privacy Policy”). While Getac reserves the right to modify the Privacy Policy, any changes will not significantly reduce the level of protection provided to your data under this EULA. Getac will implement and maintain appropriate physical, administrative, and technical safeguards to ensure the security, confidentiality, and integrity of any personal data disclosed to Getac under this EULA, within its control.

F. CONSENT FOR LOCATION-BASED SERVICE

Certain Getac Software, featuring location-based service functionality, may collect data pertaining to your usage of such Getac Software through automated mechanisms based on your geographic location (“Location-Based Service”). This data may include geographic location, timestamps, and other relevant information (“Location Data”).

In order to use the Location-Based Service, the default device location setting of your Getac Device is enabled to identify your location unless otherwise requested by you. By enabling the device location setting on your Getac Device, you agree and acknowledge that (a) Getac may collect, transmit, and process your Location Data directly relevant to your use of the Getac Software, and (b) to the extent necessary to fulfill the location-specific functionality of the Location-Based Service, Getac may utilize the Location Data collected through the Location-Based Service when you use the Getac Software. If you choose to disable the device location setting on your Getac Device, it will render you unable to use the Location-Based Service of the Getac Software.

PLEASE NOTE THAT THE LOCATION DATA MAY NOT ALWAYS BE ACCURATE, AND GETAC DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE LOCATION-BASED SERVICE.

G. GETAC SOFTWARE SUPPORT SERVICES

• Rights and Obligations. Getac warrants to you that the Getac Software installed on Getac Device will perform substantially conforming to their software specifications. Getac makes no representation or warranty for the performance or operation of the Getac Software, including but not limited to uninterrupted or error free, or that all defects in the Getac software will be corrected. You could contact Getac with support inquiries through Getac’s website: https://www.getac.com/intl/contact/. Getac will make available to you updates as released by Getac and such updates may be provided electronically via Getac’s website: https://support.getac.com/. Any software Getac may provide to you as part of support services are governed by this EULA, unless separate terms are provided. The Getac’s software support services are offered subject to the limitations on warranties and liability set forth in this EULA.

• Consent to Use of Data. You agree that Getac may collect and use the information of the Getac Device (e.g., model name, serial number), technical data and related information from the Getac Software to resolve bugs and other issues you have reported to Getac. Getac may use this information solely to perform services upon your request for support, consulting, or to improve, maintain, update the Getac Software, in accordance with the Privacy Policy. Getac will not knowingly disclose this information in a form that personally identifies you to any third party, except as compelled by a court or administrative body or required by any applicable law or regulation.

H. CONFIDENTIALITY

You acknowledge and agree that the Getac Software, the Documentation and all other information provided to you by Getac under this EULA are to be held by you in confidence, and are not to be disclosed except as permitted by this EULA. Further, you acknowledge and agree that the Getac Software constitute the trade secrets and proprietary information of Getac. You agree that you shall make the Getac Software available only to your employees or contractors who have entered into a confidentiality agreement with you sufficient to protect Getac’s intellectual property rights in the Getac Software.

L. TERMINATION

This EULA is effective until terminated. Without prejudice to any other rights of Getac, your rights under this EULA will terminate automatically without any notice from Getac if you fail to comply with any terms or conditions of this EULA. Upon termination of this EULA, all rights of you relating to the Getac Software shall immediately cease, and you shall cease all use of the Getac Software. Section H, I, J, K, L, M, N, O and P shall survive any termination of this EULA.

J. DISCLAIMER OF WARRANTIES

GETAC PROVIDES THE GETAC SOFTWARE AND SUPPORT SERVICES (IF ANY) “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NONINFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE GETAC SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE GETAC SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE GETAC SOFTWARE.

K. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GETAC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE GETAC SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE GETAC SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF GETAC, AND EVEN IF GETAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

L. LIMITATION OF LIABILITY AND REMEDIES

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF GETAC UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE LESSER OF: (i) THE ACTUAL DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON THE GETAC SOFTWARE OR (ii) FIFTY U.S. DOLLARS (USD $50.00). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

M. EXPORT RESTRICTIONS

You agree to comply with all applicable import, re-import, export, and re-export control laws and regulations that apply to the Getac Software, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and U.S. Sanctions administered by the United States Department of the Treasury through its Office of Foreign Assets Control, as well as end-user, end-use, and destination restrictions issued by other regulatory bodies. 

N. ENTIRE AGREEMENT; SEVERABILITY

This EULA is the entire agreement between you and Getac relating to the Getac Software and the support services (if any) and this EULA supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Getac Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

O. GOVERNING LANGUAGE

This EULA is written in English. Any other language translation is provided as a convenience only. For all purposes, this English language version of this EULA shall be the original, governing instrument and understanding between you and Getac. In the event of any inconsistency or discrepancy between the English language version of the EULA and any subsequent translation into any other language, this English language version shall govern and control.

P. APPLICABLE LAW

This EULA shall be governed and construed by and under the laws of the State of California, regardless of its rules of conflict of laws. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent that the state court located in Irvine, California or federal courts located in the central district of California shall have the exclusive jurisdiction over the matters arising from or related to this EULA.