PARTICLE SOFTWARE LICENSE TERMS

These license terms are an agreement between Particle Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Particle

· updates,

· supplements,

· Internet-based services, and

· support services

for this software, unless other terms accompany those items. If so, those terms apply.

By using the software, you accept these terms. If you do not accept them, do not use the software.

As described below, using some features also operates as your consent to the transmission of certain computer information for Internet-based services.

If you comply with these license terms, you have the perpetual rights below.

1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.

2. INTERNET-BASED SERVICES. Particle provides Internet-based services with the software. It may change or cancel them at any time.

a. Consent for Internet-Based Services. The software features described below connect to external computer systems over the Internet. These features may collect and send information about your computer and/or your project, such as your Internet Protocol address and requested packages (“Computer Information”).

· Use of Information by Particle. We will treat any Computer Information that we receive from the software in accordance with our Privacy Statement. 

b. Misuse of Internet-based Services. You may not use these Internet-based Services in any way that could harm them or impair anyone else’s use of them. You may not use these Internet-based Services to try to gain unauthorized access to any service, data, account or network by any means.

3. THIRD-PARTY SOFTWARE.  Packages that are downloaded from external package sources are offered and distributed in some cases by third parties and in some cases by Particle, but each such package is under its own license terms. Particle is not developing, distributing or licensing any third-party packages to you, but instead, as a convenience, enables you to use the software to access or obtain those packages directly from the third-party package providers. By using any of the above features, you acknowledge and agree that: 

·  you are obtaining any third-party packages from such third parties and under separate license terms applicable to each package (including any terms applicable to software dependencies that may be included in the packages);

·  it is your responsibility to locate, understand and comply with all applicable license terms for each such package; and

·  this includes your responsibility to follow the package source (feed) URL and to review the packages for embedded notices or license terms. 

Particle makes no representations, warranties or guarantees as to any package source, including any information or content contained therein, any package source URL, or any packages referenced in or accessed by you through such URLs or package sources. Particle grants you no license rights for any third-party software applications or packages.

4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Particle reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not

· work around any technical limitations in the software;

· use software features outside the scope of the license;

· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

· publish the software for others to copy;

· rent, lease or lend the software; or

· transfer the software or this agreement to any third party.

5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.

6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.

7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

8. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

9. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Particle gives no express warranties, guarantees or conditions. You may have additional consumer rights or statutory guarantees under your local laws which this agreement cannot change. To the extent permitted under your local laws, Particle excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

10. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You cannot recover any damages from Particle, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to

· anything related to the software, services, content (including code) on third-party Internet sites, or third-party programs; and

· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if Particle knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.