End User License Agreement

Last revised May 2024

This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or an entity) and Avalon Innovation Corporation dba Retriever ("Retriever", "we", "us", or "our") for the use of the Retriever software and related services (collectively referred to as the "Software"). By downloading, installing, or using the Software, you agree to be bound by the terms of this Agreement.

1. License Grant

1.1 Subject to the terms and conditions of this Agreement, Retriever grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Software solely for your personal or internal business purposes.

1.2 You may install and use the Software on a single device, unless otherwise agreed in writing by Retriever.

2. Restrictions

2.1 You shall not:

Copy, modify, or create derivative works of the Software.

Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software.

Rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the Software to any third party.

Use the Software for any illegal purpose or in violation of any applicable laws or regulations.

Remove, alter, or obscure any proprietary notices or labels on the Software.

3. Ownership

3.1 The Software is licensed, not sold. Retriever retains all right, title, and interest in and to the Software, including all intellectual property rights therein.

3.2 You acknowledge that the Software contains proprietary and confidential information of Retriever, and you agree to maintain the confidentiality of the Software and not disclose it to any third party without Retriever's prior written consent.

4. Updates and Support

4.1 Retriever may, at its sole discretion, provide updates, enhancements, or modifications to the Software ("Updates"). This Agreement will govern any Updates provided by Retriever unless such Updates are accompanied by a separate license agreement.

4.2 Retriever is not obligated to provide any maintenance, technical, or other support for the Software unless otherwise agreed in writing.

5. Termination

5.1 This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from Retriever if you fail to comply with any term(s) of this Agreement.

5.2 Upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control.

6. Disclaimer of Warranties

6.1 THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RETRIEVER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

7. Limitation of Liability

7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RETRIEVER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF RETRIEVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 IN NO EVENT SHALL RETRIEVER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).

8. Indemnification

8.1 You agree to indemnify, defend, and hold harmless Retriever, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) arising from your use of the Software or your violation of this Agreement.

9. Governing Law

9.1 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

9.2 Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Orange County, California, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

10. Miscellaneous

10.1 This Agreement constitutes the entire agreement between you and Retriever concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Retriever.

10.2 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable according to their terms.

10.3 You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Retriever, and any attempted assignment or transfer in violation of the foregoing will be null and void.

10.4 Retriever may freely assign this Agreement.

10.5 The failure to exercise, or delay in exercising, a right, power, or remedy provided by this Agreement or by law shall not constitute a waiver of that right, power, or remedy.

By clicking "I Agree" or by downloading, installing, or using the Software, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms.

If you have any questions about this EULA, please contact us at aubrey@retrieverhq.com.