Image Co-Tracker distribution permissions and end-user license agreement

INTELLECTUAL PROPERTY RIGHTS
Title, ownership rights, and intellectual property rights in this Software are and will remain the sole property of Cogitum. The Software is a copyrighted work protected by copyright laws and international treaties, and/or contains proprietary information protected by law.

DISCLAIMER OF WARRANTIES YOU AGREE THAT COGITUM HAS MADE NO EXPRESS WARRANTIES TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND.
COGITUM DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. THIS DISCLAIMER OF WARRANTIES CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.

Some states or jurisdictions do not allow the exclusion of implied warranties so the above limitations may not apply to You.

NO USE OF THE PROGRAM IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

LIMIT OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COGITUM BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF COGITUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COGITUM IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS STORED BY THE SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

CONTENT OWNERSHIP
Title and related rights in the content stored with this Software are the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives Licensee no rights to such content.

YOU MAY
1. Use this Software for non-commercial purposes at Your computer.
2. Make a copy of the Software for non-commercial purposes.
3. Distribute this Software for non-commercial purposes.

YOU MAY NOT, without prior written consent of Cogitum:
1. Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based upon this Software.
2. Rent, lease, transfer or grant any rights in this Software or accompanying documentation in any form to anyone else without the prior written consent of Cogitum.
3. Remove any proprietary notices, labels or marks on the program and accompanying documentation.
4. Use this Software, or permit this program to be used, for commercial purposes.


FEES
There is no fee for this License. This agreement does not grant You any right to enhancements or updates to, or support or maintenance for, the Software. Enhancements and updates may be available to You to the extent Cogitum decides in its discretion to make them generally available.

MISCELLANEOUS
A) This License constitutes the entire agreement between Cogitum and You, relating to this Software and supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter of this License.
B) This Agreement may be amended only by a writing signed by both parties.
C) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect.
D) This License shall be interpreted, construed, and enforced in accordance with the laws of the Commonwealth of Virginia, except for its conflict-of-law provisions.
E) The controlling language of this Agreement is English.

Image Co-Tracker is absolutely free for personal and non-commercial use only. If you wish to use Image Co-Tracker for commercial purposes, contact Cogitum LC to obtain a commercial use license. We consider "commercial" purposes to refer to any of the following circumstances:
1. If you are planning to use the product for commercial needs, including integration into your own products or systems.
2. If you are planning to use the product in your workplace for business purposes.
3. If you are planning to use this product on a business network.

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