The following terms and conditions (the “Terms of Service”) govern all use of velodynelidar.com, vellaportal.com (the “Portal”), as well as any other websites, services, or applications offered by Velodyne Lidar, Inc. (“Velodyne” and the “Services”). By using the Services, you agree to be bound by the Terms of Service. Velodyne reserves the right to modify or replace these Terms of Service and all other operating rules, policies and procedures that may be published on the Services by Velodyne from time to time without notice. Please review the Terms of Service periodically so that you will be apprised of any changes. Continued use of the Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
In order to access certain aspects of the Services (for example, the Portal), you may be required to sign up for an account, select a password and user name (“Velodyne User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Velodyne User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will not share your Velodyne User ID, account or password with anyone, and you must protect the security of your Velodyne User ID, account, password and any other access tools or credentials. You are responsible for any activity associated with your Velodyne User ID and account.
You agree that all content and materials made available on the Services, including without limitation manuals, spec sheets (collectively, “Content”) are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Velodyne in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from such Content. Reproducing, copying or distributing any Content on the Services for any purpose is strictly prohibited without the express prior written permission of Velodyne.
In addition, the Services may allow you to access or download additional Velodyne software, services, firmware or other technology (e.g., our Vella software, Vella Go software, Vella Cloud service) (collectively, “Additional Products”). Your use of and access to Additional Products may be subject to additional agreements, terms and conditions.
Certain Services may be free, or we may charge a fee for using the Services. You will pay all applicable fees associated with paid Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
The Velodyne name and logo are trademarks of Velodyne. All other trademarks mentioned on the Services are the property of their respective owners. The trademarks and logos displayed on the Services may not be used without the prior written consent of Velodyne or their respective owners.
If you submit or otherwise make available any feedback, requests, information, data, articles, content, or other materials to Velodyne (together with any related intellectual property rights, “User Submissions”), you hereby grant Velodyne and its assigns, licensees, successors in interest, and legal representatives the irrevocable right and license to use, commercialize and otherwise exercise and exploit throughout the world any such User Submissions for any purpose. You hereby release and agree to release and hold harmless Velodyne and its assigns, licensees, successors in interest, and legal representatives from and against any claims, damages or liability arising from or related to the use of the User Submissions.
THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS. VELODYNE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VELODYNE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Although Velodyne has attempted to provide accurate information on the Services, Velodyne assumes no responsibility for the accuracy or completeness of the information. Any mention of non- Velodyne products or services on the Services is for informational or research purposes only and constitutes neither an endorsement nor a recommendation unless otherwise stipulated by Velodyne. Velodyne may modify the Services or discontinue any or all of the Services at any time.
VELODYNE WILL NOT BE LIABLE UNDER ANY THEORY OF LAW (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY), FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR ANY VELODYNE PRODUCT OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, OR FOR ANY AMOUNT IN THE AGGREGATE GREATER THAN $100, EVEN IF VELODYNE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LINKS TO THIRD PARTY WEBSITES
You acknowledges and agree that the Services may incorporate or provide you with access to certain services, technology, information, data, and/or materials from third party providers (collectively, “Third Party Services”), including without limitation through integrations or connectors to such Third Party Services that are provided by Velodyne. Your use of Third Party Services hereunder may be subject to additional agreements, terms and conditions. Velodyne does not make any representations or warranties with respect to Third Party Services or any third party providers. Velodyne cannot and does not guarantee that the Services shall incorporate (or continue to incorporate) any particular Third Party Services. Any exchange of data or other interaction between you and a third party provider is solely between you and such third party provider and is governed by such third party’s terms and conditions.
In addition, the Services may contain links to third party websites. Access to any other Internet website linked to the Services is at your own risk and Velodyne is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these websites. As such, Velodyne is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website. Velodyne provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation.
Velodyne may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach the Terms of Service or for any other reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service are not assignable, transferable, or sublicensable by you except with Velodyne’s prior written consent. The Terms of Service shall be governed by and construed in accordance with the laws of the state of California, without regard to the conflict of laws provisions thereof, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in Santa Clara county, California. Both parties agree that the Terms of Service are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind Velodyne in any respect whatsoever.