END USER LICENSE AGREEMENT

INVENSENSE, INC. (“INVENSENSE”) VENUE END USER LICENSE AGREEMENT

BY USING INVENSENSE VENUE SOFTWARE (THE “SOFTWARE”), YOU ARE AGREEING TO BE BOUND BY THIS END USER LICENSE AGREEMENT (“AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. Subject to the terms and conditions of this Agreement, InvenSense grants to you a non-exclusive, revocable, non-transferrable, non-sublicensable license to use the Software solely for the purpose (“Purpose”) of running the Software for your venue location. The Software, including all intellectual property rights therein, is and will remain the sole and exclusive property of InvenSense or its licensors. You may not (i) transfer, sublicense, distribute, modify, translate, create derivative works of or reproduce Software (or any portions thereof), (ii) modify the Software; (iii) copy the Software; (iv) reverse engineer the Software; (v) take any actions, including combining or distributing the Software with open source software, that would cause the Software or any portion thereof to become subject to any open source license that imposes any limitation, restriction or condition requiring that the Software combined or distributed with such open source software; or (vi) use the Software other than for the Purpose. While using the Software, you agree to comply will all applicable laws, rules and regulations. Invensense may terminate this Agreement and the licenses provided herein at any time.

This Agreement confers no title or ownership in the Software and should not be construed as a sale of any rights in the Software. Except as expressly set forth in this Agreement, all rights not granted hereunder to you are expressly reserved by InvenSense.

Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INVENSENSE MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL INVENSENSE OR ITS SUPPLIERS, RESELLERS, OR DISTRIBUTORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF INVENSENSE OR ITS SUPPLIERS, RESELLERS, OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL INVENSENSE’S OR ITS SUPPLIERS’, RESELLERS’, OR DISTRIBUTORS’ TOTAL LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100) IN THE AGGREGATE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


InvenSense reserves the right to change, modify, add or delete articles in this Agreement at any time.

Last updated: September 1, 2022