THIS END-USER AGREEMENT FOR THE FREE DEMO VERSION (the ÒAgreementÓ) is between SoftServe, Inc., a Delaware corporation (ÒSoftServeÓ), as licensor, and you (ÒYouÓ), as licensee, for your use of the free demo version of the Corrosion Detection Tool (ÒCorrosion Detection ToolÓ).
Please carefully read this Agreement before downloading, deploying into your Environment and using the Corrosion Detection Tool. This Agreement governs your use of the Corrosion Detection Tool. By downloading, deploying or using the Corrosion Detection Tool, You consent to all of the provisions of this Agreement without limitation or qualification. You acknowledge and agree that your downloading, deploying or using  the Corrosion Detection Tool shall constitute your assent to this Agreement and is intended to and shall contractually bind to the terms of this Agreement, in the same manner and to the same extent as a contractual writing memorialized and executed by You and SoftServe in a non-electronic medium.
On the continuing condition that You comply at all times with all obligations of this Agreement, SoftServe hereby grants You a limited, worldwide, revocable, nonexclusive, nonsublicensable, nontransferable license to download, deploy and use the Corrosion Detection Tool as an end-user. 
A. DEFINITIONS
The following terms, as used herein, have the following meanings:
ÒAWS MarketplaceÓ means the marketplace operated by Amazon Web Services, Inc. located at https://aws.amazon.com/marketplace/ as it may be updated from time to time.
ÒCorrosion Detection ToolÓ means the software component, a Docker container image with a pre-trained machine learning (ML) model, owned by SoftServe and available for downloading on AWS Marketplace, designed to detect corrosion and generate visual representations of corrosion results in the form of images. 
ÒCorrosion Detection Tool DataÓ means any information and images introduced by you into Corrosion Detection Tool. 
ÒCorrosion Detection Tool OutputsÓ means images generated by Corrosion Detection Tool.
ÒEnvironmentÓ means userÕs AWS cloud infrastructure. 
ÒSoftwareÓ means individually each, and collectively all, of the computer code that constitutes the Corrosion Detection Tool, System Upgrades and interfaces made available to users by SoftServe in connection with the Corrosion Detection Tool.
ÒSystem UpgradesÓ means corrections, bug fixes, patches, improvements, new releases, new versions, updates, enhancements or other modifications to the Software.
B. SCOPE OF USE Ð FREE DEMO VERSION
By agreeing to these terms of use You are licensed to download, deploy, and use the Corrosion Detection Tool in your Environment. 

The free demo version of the Corrosion Detection Tool is a limited-feature version of Software designed to provide users with an initial experience of its capabilities, allowing to recognise corrosion and stains on images of tanks, pipes, and other equipment. 

Usage Limitations and Retraining:

1. You acknowledge that the ML model provided under this Agreement has been trained on a limited dataset with an open license. While the model may perform effectively with inputs similar to those within the training dataset, SoftServe expressly cautions that its performance may be deficient when confronted with inputs that significantly deviate in terms of quality, lighting levels, color, shape of equipment, or other relevant characteristics from the training dataset.
2. You are responsible for the quality of inputs to ensure that the lighting, color, shape of equipment, and other relevant characteristics allow Corrosion Detection Tool to recognize corrosion.
3. In order to achieve satisfactory outputs, You should consider retraining the ML model on a more extensive and relevant set of images that encompass the specific attributes of interest. SoftServe doesnÕt provide the support for such retraining but encourages You to explore this option to achieve improved results.





C. LICENSE

Subject to the terms and conditions of this Agreement, SoftServe grants You a limited, worldwide, revocable, nonexclusive, nonsublicensable, nontransferable license to download, deploy and use the Software for Your internal business purposes. All licensed activity under this Section shall be in accordance with and subject to SoftServeÕs documentation (if any) and any additional restrictions as are set forth herein.Ê

You agree not to permit access to, or use of, the Corrosion Detection Tool by any persons who are not authorized and validated by You.
You do not acquire any intellectual property title or ownership rights, express or implied, in or relating to the Corrosion Detection Tool. SoftServe reserves all rights to the Corrosion Detection Tool and Software.
You may not, and You represent and warrant that You will not rent or commercially sublicense, in whole or in part, the Software and the Corrosion Detection Tool or otherwise market the Corrosion Detection Tool to third-parties.
You also may not, and represent and warrant that You will not, directly or indirectly, duplicate, translate, modify, copy, print, reverse engineer, disassemble, decompile, or attempt to imitate, derive or discover, Software or the Corrosion Detection Tool.
All source code, algorithms, data, and proprietary information provided with or related to the Corrosion Detection Tool are strictly confidential. You are strictly prohibited from disclosing, sharing, or distributing this information. Unauthorized disclosure or use of such information may result in legal action.
D. NO CHARGE
The Corrosion Detection Tool provided under this Agreement is offered for use without any charge or fee. You understand that this no charge provision does not extend to any ancillary services, support, or additional features that may be offered by SoftServe. The extended version of the Corrosion Detection Tool will have different terms, licensing restrictions, and pricing, which will be detailed in the applicable end-user agreement.

E. PRIVACY
While offering services and support, SoftServe gathers and utilizes specific data as described below:
* Corrosion Detection Tool Data and Outputs
SoftServe does not have access to any Corrosion Detection Tool Data or Corrosion Detection Tool Outputs. Your usage data and results remain confidential and are not accessible to SoftServe. Kindly note that you (or your employer, if applicable) bear full responsibility for implementing essential security and privacy controls related to the usage of the Corrosion Detection Tool.
* Contact Information

Upon obtaining the Corrosion Detection Tool, SoftServe receives contact information from AWS Marketplace. This may include your name, work email, job title, company, country/region, and phone number. Additionally, AWS Marketplace may provide SoftServe with the subscription details to facilitate the subscription process.

* Support-Related Communication

When you voluntarily contact SoftServe at EOGdemo@softserveinc.com for support related to the Corrosion Detection Tool or other SoftServe offerings available on AWS Marketplace, SoftServe collects personal information including your name, email address, company name, and the content of your communication. This information is used solely to provide you with the necessary support for the Corrosion Detection Tool or other offerings that may be of interest to you. 
SoftServe will not share your personal information with any third party except as required by law. SoftServe does not sell, trade, or otherwise transfer your personal information to outside parties. SoftServe retains your personal information solely as long as needed to fulfill the purposes for which it was collected.
You have the right to request access to, correct, restrict, object to, or delete the personal data we hold about you. To exercise any of these rights, or if you have any privacy-related concerns, please contact us at privacy@softserveinc.com.

F. ACCEPTABLE USE
You agree to and are responsible at all times for using the Corrosion Detection Tool in a manner that is ethical, in accordance with any and all applicable local, state, and federal laws and regulations. 
Subject to the terms and conditions set forth herein, You accept this license to utilize the Corrosion Detection Tool as specifically set forth herein, solely and only in connection with the recognition of corrosion and stains on images of tanks, pipes, and other equipment.
Further, You agree that You will not:
1. use the Corrosion Detection Tool for any unlawful, infringing, or harmful purpose; or
2. violate any applicable usage rules. 
As between You and SoftServe, You are solely responsible for, and SoftServe shall have no responsibility for, monitoring and policing the adherence of users of the Corrosion Detection Tool to all applicable laws, regulations, duties, and obligations.
The SoftServe name and logo and other SoftServe trademarks, service marks, graphics, and logos are owned by SoftServe and are excluded from your license to the Corrosion Detection Tool. You are not permitted to make any use of any SoftServe trademark in commerce.
G. TERMINATION
This Agreement will remain in effect until terminated by You or SoftServe. 
You may terminate this Agreement at any time by uninstalling and destroying all copies of the Software from your Environment. 
SoftServe may immediately terminate this Agreement if You breach any of its terms and conditions. 
SoftServe will provide written notice of the termination specifying the effective date of termination.
Upon the effective date of termination of this Agreement:
1. You must cease to use the Corrosion Detection Tool, uninstall and permanently erase all copies of the Software from your Environment. 
2. Any licenses, rights, or permissions granted under this Agreement shall cease to be in effect.  
You acknowledge and agree that You are solely responsible for the Corrosion Detection Tool Data and Corrosion Detection Tool Outputs, any associated risk with the usage, protection of confidentiality and backing up of such data.  SoftServe doesnÕt have access to your Corrosion Detection Tool Data or Corrosion Detection Tool Outputs and shall have no responsibility regarding storage, protection, deletion, modification or correction.
Termination of this Agreement will not limit SoftServe from pursuing other remedies available to it, including injunctive relief, nor will termination relieve You of any obligation arising hereunder prior to the date of termination. 
In the event this Agreement is terminated, any provision which must survive in order to allow the parties to enforce its meaning shall survive, including without limitation, indemnification and limitations of liability.
H. MODIFICATION OF THIS AGREEMENT
SoftServe reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Corrosion Detection Tool. SoftServe may provide You with notices regarding the Corrosion Detection Tool, including changes to this Agreement by email to your mailing address. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Corrosion Detection Tool will be deemed acceptance thereof. 
I. DISCLAIMER OF WARRANTIES
THE CORROSION DETECTION TOOL SOFTWARE AND ANY VARIATIONS THEREOF ARE PROVIDED BY SOFTSERVE ÒAS ISÓ. SOFTSERVE MAKES NO PROMISES, WARRANTIES, OR REPRESENTATIONS OF ANY KIND, AND SOFTSERVE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING BUT MOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
SOFTSERVE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, OR SUITABILITY OF THE ML MODEL FOR SPECIFIC TASKS, INCLUDING CORROSION RECOGNITION, WHEN FACED WITH INPUT DATA THAT SIGNIFICANTLY DEVIATES FROM THE TRAINING DATASET. YOU ARE SOLELY RESPONSIBLE FOR ASSESSING THE APPROPRIATENESS OF THE MODEL FOR THE INTENDED USE.
SOFTSERVE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE CORROSION DETECTION TOOL WILL BE UNINTERRUPTED OR ERROR-FREE. SOFTSERVE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (I) ERRORS OR OMISSIONS IN THE CONTENT DELIVERED BY SOFTSERVE OR ON THE CORROSION DETECTION TOOL USER INTERFACES; (II) RECOMMENDATIONS OR ADVICE OF ANY EMPLOYEES OR AGENTS OF SOFTSERVE; (III) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF THE CORROSION DETECTION TOOL OR OTHER WEBSITES OR USER INTERFACES; (IV) DELIVERY OR DISPLAY OF ANY CONTENT CONTAINED ON THE CORROSION DETECTION TOOL, USER INTERFACE, OR OTHERWISE THROUGH THE CORROSION DETECTION TOOL; AND (V) ANY LOSS OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED BY SOFTSERVE OR OTHERWISE THROUGH THE CORROSION DETECTION TOOL ITSELF, INCLUDING ANY LOSSES OR DAMAGES ARISING FROM DOWNLOADING OF RELATED SOFTWARE, DOWNLOADING AND/OR USE OF ANY OTHER SOFTWARE, OR ANY CONDUCT BY USERS OF THE CORROSION DETECTION  TOOL, WEBSITE OR USER INTERFACES.
J. LIMITATION OF LIABILITY
You agree that SoftServe will not under any circumstances be liable for loss, corruption or compromise of the confidentiality of your Corrosion Detection Tool Data or Corrosion Detection Tool Outputs. You are running Corrosion Detection Tool within your Environment and SoftServe doesnÕt have access to your Corrosion Detection Tool Data or Corrosion Detection Tool Outputs.
SoftServe does not represent or guarantee that the Corrosion Detection Tool will be free from loss, interruption, corruption, attack, viruses, interference, hacking, or other security intrusion, and You agree that SoftServe shall have no liability to You relating thereto. In no event shall SoftServe, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any indirect, incidental, punitive, special, or consequential damages related to your use of the Corrosion Detection Tool, including, without limitation, damages for loss of profits, loss of data, business interruption, harm to your computer system, or any other commercial damages or losses, regardless of the theory of liability (contract, tort, or otherwise), even if SoftServe has been advised of the possibility of such damages. Your sole remedy for any claim against SoftServe relating to the Corrosion Detection Tool and not otherwise barred under the foregoing limitation shall be capped in the amount of five hundred dollars; you expressly waive all other remedies of every kind.
K. INDEMNIFICATION
You agree to defend and indemnify SoftServe from every claim, demand, action, loss, liability, damage, subpoena, or other cost (including without limitation reasonable attorneyÕs fees) it may incur arising out of or in any way connected with your use of the Corrosion Detection Tool. SoftServe reserves the right at its own expense to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
L. GOVERNING LAW; EXCLUSIVE VENUE
This Agreement and your use of the Corrosion Detection Tool are governed by and construed in accordance with the substantive law (and not the law of conflicts) of the State of Florida. You expressly agree that courts of competent jurisdiction located in Lee County, Florida shall have personal jurisdiction over You for any action by or against SoftServe arising out of or in connection with this Agreement and/or your use of the Corrosion Detection Tool, and courts of competent jurisdiction located in Lee County, Florida shall be the sole and exclusive venue for any such action.
M. MISCELLANEOUS
You agree that SoftServeÕs failure to act with respect to a breach of this Agreement by You or others does not waive SoftServeÕs right to act with respect to that breach or subsequent similar or other breaches. SoftServe will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Nothing in this AgrXeement shall constitute, create, authorize, require or in any way be interpreted as a joint venture, partnership, or formal business organization of any kind between You and SoftServe.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

All notices to be provided by You to SoftServe under this Agreement must be delivered in writing  by nationally recognized overnight delivery service (ÒCourierÓ) or US mail to the following address: 12800 University Drive, Suite 410, Fort Myers, FL 33907 or by electronic mail: EOGdemo@softserveinc.com. All notices to SoftServe shall include Your contact information for response.