This End User License Agreement (this "EULA") is a binding agreement between you ("you" or "Licensee") and Agilarc LLC ("plandatum," "Company," "we," or "us") and governs your access to and use of the plandatum software, hosted service, client applications, user interface, and APIs (collectively, the "Software") as part of the plandatum synthetic data generation SaaS platform (the "Service").
This EULA supplements the plandatum Terms of Service and Privacy Policy, each incorporated by reference. The Terms govern the overall commercial relationship and service rules; this EULA governs the software license grant and related restrictions. If there is a conflict specifically about the license grant, this EULA controls; the Terms otherwise control.
By accessing or using the Software, you agree to this EULA. If you do not agree, do not access or use the Software.
1. License Grant
Subject to your continuous compliance with this EULA and the Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software, in object or hosted form only, solely for your internal business or evaluation purposes and solely as made available through the Service.
This is a license to access and use the hosted Service and its client UI/API. It is not a sale, and no copy of the server-side Software is delivered to you. Your license is subject to plan, Trial, and usage limits described in the Terms or enforced by product configuration.
2. License Restrictions
You will not, and will not permit any third party to:
- copy, modify, translate, or create derivative works of the Software except as expressly permitted;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, generator internals, algorithms, or models, except where applicable law prohibits this restriction;
- rent, lease, lend, sell, sublicense, distribute, or provide the Software to third parties, including as a service bureau or timeshare, except as expressly authorized;
- circumvent license controls, authentication, Trial limits, plan limits, rate limits, or multi-tenant isolation, or access another tenant's Projects or data;
- remove, obscure, or alter proprietary notices;
- use the Software to build or train a competing product or service, or benchmark for that purpose, except where such restriction is unenforceable;
- use the Software in any manner prohibited by the Terms or Acceptable Use Policy.
3. Intellectual Property
The Software, Service, and associated intellectual property, including all software, source code, generators, algorithms, models, data-quality injection logic, orchestration, user interfaces, documentation, and the plandatum name and marks, are and remain the exclusive property of Company and its licensors. This EULA grants a license, not ownership.
As between you and Company, you retain rights you hold in Schema Definitions and other Inputs, subject to the operational license granted in the Terms. Generated Data ownership is addressed in the Terms. Any ownership rights you hold in Generated Data do not convey rights in the Software, generators, algorithms, or models used to produce it.
4. Feedback
If you provide suggestions, ideas, or feedback about the Software, you grant Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use and incorporate that feedback for any purpose without obligation or compensation to you. You are not required to provide feedback.
5. Third-Party and Open-Source Components
The Software may include or rely on third-party and open-source components, which are provided subject to their own license terms. To the extent required, those terms govern your use of the applicable components and control over this EULA solely as to those components. Notices may be made available on request at [email protected] or through in-product notices.
6. Warranty Disclaimer
The Software and Service are provided "AS IS" and "AS AVAILABLE" without warranty of any kind, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. The warranty disclaimer in the Terms, including the disclaimers regarding Generated Data, applies to this EULA and is incorporated by reference.
7. Limitation of Liability
The limitations and exclusions of liability in the Terms apply equally to this EULA and are incorporated by reference. To the maximum extent permitted by law, Company's total aggregate liability arising out of or relating to the Software and this EULA will not exceed the cap stated in the Terms.
8. Export Compliance and Sanctions
You represent that you are not located in, and will not use or export the Software in violation of the laws of, any jurisdiction subject to applicable export-control or economic-sanctions restrictions, and that you are not a person or entity with whom dealings are prohibited under such laws. You will comply with all applicable export, re-export, and sanctions laws.
9. Term and Termination
This EULA is effective upon your first access to the Software and continues until terminated. This EULA and the license granted under it terminate automatically if you breach its terms or upon termination or expiry of your access to the Service under the Terms, including Trial expiry. Upon termination, you must cease all use of the Software. Company may disable access, and Projects and Generated Data may be deleted as described in the Terms.
10. Survival
Sections covering restrictions, intellectual property, feedback, warranty disclaimer, limitation of liability, export compliance, survival, and general terms survive termination, together with any provision that by its nature should survive.
11. General
This EULA is governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to conflict-of-laws principles, consistent with the Terms. This EULA is part of your overall agreement with Company and is to be read together with the Terms and Privacy Policy. Company may update this EULA from time to time on the same basis as changes to the Terms. The assignment, severability, waiver, and entire-agreement provisions of the Terms apply to this EULA. If you are a U.S. Government end user, the Software is a commercial item licensed only with the rights granted to all other end users under this EULA.
12. Contact
Questions about this EULA may be directed to:
Agilarc LLC
606 Liberty Ave Suite 416
Pittsburgh, PA 15222
Email: [email protected]