Please scroll below to read terms and conditions till the end before clicking 'I Agree'
Welcome to OrbExTM Alpha release.
Proof of Concept – OrbExTM Alpha release Agreement
This Proof of Concept Alpha Release Agreement is made and entered into by:
you the user, with Orbica Ltd with offices at 130 Lichfield Street, Christchurch Central, Christchurch 8011 New Zealand are sometimes collectively referred to as the “Parties” and singularly as a “Party”.
Evaluation. This Agreement sets forth the terms and conditions of Licensor’s limited license of its OrbExTM Software (the “Software”) to Licensee for use for the purpose of determining the usability, desirability, functionality, and compatibility of the Software with Licensee’s applications and operations environment (the “Evaluation Purpose”).
Evaluation Period. The evaluation shall commence upon the Effective Date and continue for a period of 30 days ("Evaluation Period").
Software Access. Orbica Ltd hereby grants to you the user a non-exclusive, non-sublicensable, non-assignable, royalty-free, and worldwide license to access and use the Software solely for the user's internal business operations in accordance with the terms of this agreement.
Termination on Notice. Either party may terminate this agreement for any reason on 1 day business days’ notice to Orbica Ltd at firstname.lastname@example.org or by the contacting you at your supplied email.
Representations. Orbica warrants that we have all necessary authority to enter into this agreement and license the Software, and to the best of its knowledge, the Software does not infringe any intellectual property rights of any third party.
"As-Is". The Software and the data provided under the Sentinel Hub’s Creative Commons Attribution 4.0 International (CC by 4.0) is provided "as is," with all faults, defects, bugs, and errors.
No Warranty. Unless otherwise listed in this agreement,
Orbica does not make any warranty regarding the Software or Data, and Orbica disclaims to the extent authorized by law any and all other warranties, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose.
Licensor Ownership. Orbica Ltd owns and retains all right, title, and interest, including all intellectual property rights, in and to the Software and all technologies related thereto, including any and all algorithms or processes developed by Orbica Ltd and its subsidiaries and all derivatives, modifications, or improvements of or to any of the foregoing made by or for Orbica Ltd whether or not created or developed in connection with the Services. The data shown through OrbExTM is Sentinel Hub data provided under the Creative Commons Attribution 4.0 International.(CC BY 4.0) and provided on an “as is’ basis.
Derivative Works. The Client hereby grants to Orbica a non-exclusive, non-transferable, worldwide, royalty-free, fully paid-up, perpetual, and irrevocable right and license to use data derived from analysis of the Software in aggregated or de-identified form for the purposes of providing and improving Orbica’s products and services.
Feedback. If the Client provides any feedback, comments, and suggestions to Orbica regarding the Software during the Evaluation Period ("Feedback"), such Feedback shall expressly exclude any and all the Client’s Confidential Information contained therein. Notwithstanding the foregoing, the Client shall have no obligation to provide Feedback to Orbica and for the avoidance of doubt, the Client is providing the Feedback "as is" without warranty of any kind. Orbica’s use of the Feedback shall be at Orbica’s sole and exclusive risk, and the Client will have no liability whatsoever in connection with the Feedback.
Statistical Information. Orbica may anonymously compile statistical information related to the performance of the Service for purposes of improving the Service, but only if such information does not identify the data as the Client’s or otherwise include the Client's name.
Confidentiality. The parties hereto have entered into a Mutual Non-Disclosure Agreement ("NDA"), which is incorporated herein by reference, and the Parties agree to keep all information about this agreement confidential under terms of the NDA, including but not limited to the Software, issues and defects discovered, workarounds, fixes, resolutions, performance capabilities, data, tools and methods. Both Parties agree to keep their relationship, this agreement and the name of the other Party strictly confidential until both parties mutually agree to make this relationship and/or this agreement public.
Entire Agreement. This agreement represents the entire understanding between the parties with respect to its subject matter and supersedes any previous communication or agreements that may exist.
Amendment. This agreement can be amended only by a writing signed by both parties.
Assignment. This Agreement may not be assigned by either party without the consent of the other party.
Method of Notice. The parties shall give all notices and communications between the parties in writing by electronic mail to the party's address specified in this agreement, or to the address that a party has notified to be that party's address for the purposes of this section.
Receipt of Notice. A notice given under this agreement will be effective on
the other party's receipt of it.
Governing Law. This agreement shall be governed, construed, and enforced in accordance with the laws of New Zealand.
Name: Kurt Janssen
Title: CEO/ Founder
By Clicking “I Agree”, you agree to be bound by the terms