End User License Agreement

AGREEMENT BETWEEN USER AND GROUND LABS

GLASS Studio is a free add-on tool exclusively for Users and Licensees of Enterprise Recon PII and PRO editions (https://www.groundlabs.com/enterprise-recon). It is a Visual drag and drop hosted tool to create a GLASS data pattern. Once the user has created their data pattern, GLASS Studio generates and displays the GLASS code to represent the data pattern they have designed which may be used solely and exclusively with Enterprise Recon.

This is a legal agreement between individual, business, and government users of GLASS Studio (collectively referred to as “You” herein) and Ground Labs Pte Ltd and its affiliates and/or wholly-owned subsidiaries ("Ground Labs") with respect to your access and use of GLASS Studio (“GLASS Studio” or “Service”), which includes GLASS Studio software, content, related documentation, information on the software, as found under the Ground Labs domain (groundlabs.com).

You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use to access and/or use GLASS Studio (collectively, the "Terms of Use" or "Agreement"). If you do not accept these Terms of Use in their entirety, you may not access or use GLASS Studio.

Portions of GLASS Studio may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, terms, and conditions are hereby incorporated by reference into these Terms of Use. In the event of a conflict between such other guidelines, rules, terms and conditions and these Terms of Use, the Terms of Use shall control, except that the Privacy Policy, referenced below, supersedes any conflicting language in these Terms of Use and/or any other guidelines, rules, terms and conditions published in connection with the use of GLASS Studio with respect to the subject matter covered by such privacy policy.

1. MODIFICATION OF THESE TERMS OF USE; UPDATES

Ground Labs may change the Terms of Use at any time, which shall be effective immediately. You are responsible for regularly reviewing the Terms of Use. Your continued use of GLASS Studio affirms your agreement to the Terms of Use and any changes.

Ground Labs is not obligated to provide updates or improvements to GLASS Studio. However, if Ground Labs, in its sole discretion, updates or improves the Service, these Terms of Use shall apply to such updates and improvements unless expressly noted otherwise.

2. CLIENT SOFTWARE USE LIMITATION

YOU MAY ONLY USE GLASS STUDIO TO CREATE A GLASS DATA PATTERN TO BE USED IN THE GROUND LABS PRODUCT, ENTERPRISE RECON. You may not use any software or services in conjunction with GLASS Studio or authorized third-party software which modifies or reroutes, or attempts to modify or reroute, GLASS Studio.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of GLASS Studio except as expressly provided in these Terms of Use.

3. NO UNLAWFUL OR PROHIBITED USE; RESPONSIBILITY FOR YOUR ACCOUNT

As a condition of your use of GLASS Studio, you will not use Glass Studio for any purpose that is unlawful or prohibited by these Terms of Use. You may not use GLASS Studio in any manner that could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through GLASS Studio. You may not use access to GLASS Studio to obtain information necessary for you to design, develop or update unauthorized software that you use or provide to others to use to access GLASS Studio. You may not charge others to use GLASS Studio either directly or indirectly without the express written agreement of Ground Labs.

Ground Labs reserves the right at all times to monitor the use of GLASS Studio and disclose any information Ground Labs deems necessary to (i) ensure your compliance with this Agreement; (ii) satisfy any applicable law, regulation or legal process; or (iii) protect the rights, property, and interests of Ground Labs, its employees or the public. Ground Labs also reserves the right to edit, refuse to transfer or remove any information or materials, in whole or in part, at Ground Lab’s sole discretion.

You are responsible for all activities that occur in your use of GLASS Studio. You agree to notify Ground Labs immediately of any unauthorized use of your account or breach in security known to you.

4. PRIVACY

See the Ground Labs Privacy Statement at https://www.groundlabs.com/privacy for disclosures relating to the collection and use of your information.

You further acknowledge that GLASS Studio has not been designed for the processing, transmission or storage of personal or sensitive information including data that may be used to identify an individual person. You acknowledge and agree when using GLASS Studio not to upload or transmit in any form personal or sensitive information to Ground Labs or the GLASS Studio tool.

5. INTERACTION WITH THIRD-PARTY SITES AND SERVICES

GLASS Studio may allow you to interact with third-party Web sites and Web services (“Link(s)”). The Links are not under the control of Ground Labs. Thus, Ground Labs is not responsible for the contents of any Links, including without limitation any link contained in a Link, or any changes or updates to a Link. Ground Labs is not responsible for any form of transmission received from any Link, nor is Ground Labs responsible if the Link is not working appropriately. Ground Labs is providing these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement by Ground Labs of the Link or any association with its operators. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with the Links.

6. SOFTWARE AVAILABLE ON THE SERVICE

All Ground Labs software (if any) that is made available to view and/or download in connection with GLASS Studio is owned by and is the copyrighted work of Ground Labs and/or its suppliers and is licensed, not sold.

You will not disassemble, decompile, or reverse engineer such software. All software is protected by copyright laws and international treaty provisions. Any unauthorized reproduction or redistribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Your license to use the software with GLASS Studio terminates when you terminate your use of GLASS Studio. Your license to use the Software with GLASS Studio may also terminate if Ground Labs, in its sole discretion, modifies the Service to no longer support such Software.

7. NO WARRANTIES; LIABILITY DISCLAIMER;

GROUND LABS PROVIDES GLASS STUDIO AND THE SOFTWARE “AS IS,” “WITH ALL FAULTS”, AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. GROUND LABS, ITS AFFILIATES, ITS RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (COLLECTIVELY, THE “GROUND LABS PARTIES”) MAKE NO WARRANTIES. GROUND LABS PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES THAT ACCESS TO OR USE OF GLASS STUDIO WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. GROUND LABS MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON. IN NO EVENT SHALL ANY OF GROUND LABS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF GLASS STUDIO OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, WITH THE DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GROUND LABS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

8. INDEMNITY

You agree to indemnify and hold Ground Labs, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorney’' fees, made by any third party due to or arising out of your use of GLASS Studio, the violation of these Terms of Use by you, or the infringement by you, or other user of the Services using your computer or identity, of any intellectual property or other right of any person or entity.

9. CUSTOMER SUPPORT

Where you hold a valid license for Enterprise Recon PII or Enterprise Recon PRO or have entered into a separate agreement granting you a license to GLASS Studio, Ground Labs may, but is not required to, provide you with technical support (“Support”). Ground Labs may terminate any Support it provides for GLASS studio at any time in its sole discretion.

10. TERMINATION/ACCESS RESTRICTION

Your right to use GLASS Studio is co-terminus with your license of Enterprise Recon PII or Enterprise Recon PRO and shall terminate without notice where your license of Enterprise Recon is no longer valid. Unless you, or a third party on your behalf, have entered into a separate written agreement with Ground Labs that modifies these Terms of Use, Ground Labs reserves the right, in its sole discretion, to terminate your access to and use of GLASS Studio or any portion thereof at any time, without notice. Also, unless you or a third party on your behalf have entered into a separate agreement with Ground Labs, Ground Labs may terminate or suspend your access to GLASS Studio for inactivity, which is defined as failing to use it for an extended period of time, as determined by Ground Labs.

11. ELECTRONIC NOTICES

You consent to Ground Labs providing you with any information regarding the Service in electronic form. Ground Labs may provide such information to you via e-mail using the e-mail address associated with credentials you used to access GLASS Studio, by instant message to your account, or by access to a Ground Labs web site. As long as you access and use GLASS Studio, you will have the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you must discontinue your use of GLASS Studio.

12. GENERAL

Claims for enforcement, breach or violation of duties or rights under these Terms of Use are governed by the laws of Singapore, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Singapore in all disputes arising out of or relating to the use of the Service.

YOU AND GROUND LABS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

13. INTELLECTUAL PROPERTY NOTICES

All intellectual property and copyrights on the contents found in GLASS Studio and any Ground Labs Web site related to the Service or use of GLASS Studio belong to Ground Labs.

Ground Labs is a registered trademark of Ground Labs The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Ground Labs may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages that are part of the Service. Except as expressly provided in these Terms of Use, the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.