End-User License Agreement (EULA) 

Acceptance of Licensing Terms

By accessing or using any imagery, data, products, services, analysis, tools, or works we provide (together, Content), you agree to these terms. You accept by doing any of the following: accepting a quote, agreeing in writing, opening a package, downloading or installing Content, using Content in any form, creating or using any Value-Added Products (products that contain Content but have been materially modified with processing or additional data) or Derivative Products (products developed from Content that no longer contain imagery data and cannot be reverse-engineered to the original), retaining Content beyond five days, or accessing Content through an access account we provide.

Licenses granted under this EULA are nontransferable and non-sublicensable unless we expressly approve otherwise in writing. We reserve all rights not expressly granted here.

Scope

The scope of your license depends on the license type purchased. Unless we approve otherwise in writing, the party purchasing Content (the Purchaser) is also the end-user (the End-User). End-Users may include individuals, companies, government agencies, nonprofit organizations, educational institutions, or similar entities, each limited to a single defined organization or office.

Multiple End-Users may only use Content if they were identified at purchase or later approved by us, were provided access credentials, and agreed in writing to this EULA.

Granted License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Content, subject to compliance with this EULA. Permitted uses include:

  • Making copies of Content for your internal use only.
  • Modifying Content to create Value-Added Products or Derivative Products.
  • Using Content, Value-Added Products, and Derivative Products for your internal use only.
  • Publish, distribute, sublicense, sell, rent, or transfer Content, Value-Added Products, or Derivative Products except as expressly allowed here.
  • Post or broadcast Content publicly.
  • Use Content in ways not permitted by this EULA or by law.
  • Reverse engineer or attempt to extract algorithms, databases, or data structures.
  • Remove or alter copyright or proprietary notices.

You may not:

Independent contractors may use Content on your behalf only if they agree in writing to these terms, use the Content solely for your permitted purposes, delete all Content after completing tasks, and you supervise and accept responsibility for their compliance.

Ownership and Copyright

Content is licensed, not sold. All rights, title, and interest in the Content remain with us or our licensors. Any translations, modifications, or derivative works remain our property if they contain original imagery or data structures from the Content. You must protect the Content from unauthorized use or disclosure. Content must display the applicable copyright notice and attribution indicating EarthDaily as the author and owner of such materials, or any other copyright notice we may provide to you. The copyright notice should be in the following form: “(c) [year] EarthDaily”.

Proprietary Information

Content contains proprietary information. You may not remove copyright notices or proprietary statements. Contractors or consultants you engage must follow the same obligations.

Limited Warranty and Exclusions

We warrant only that we have sufficient rights in the Content to license it to you.

All Content is provided “as is”. We disclaim all other warranties, including implied warranties of merchantability, fitness for a purpose, noninfringement, accuracy, or error-free operation. We do not warrant uninterrupted use or freedom from viruses. You are solely responsible for determining suitability of Content for your purposes, and you use it at your own risk.

EarthDaily may utilize artificial intelligence, machine learning, and automated analytical tools in providing the Services. Outputs generated through such technologies may contain inaccuracies, omissions, or erroneous results and are provided for informational purposes only. Customer is solely responsible for reviewing and validating all outputs before relying upon them. EarthDaily does not warrant that AI-generated outputs are accurate, complete, or fit for any particular purpose. EarthDaily retains all rights in its models, algorithms, methodologies, and improvements thereto.

Limitation of Liability

Our total liability for damages relating to the Content will not exceed the amount you paid for the specific Content giving rise to the claim. We are not liable for consequential, indirect, special, punitive, or incidental damages or lost profits. These limits apply to all claims, regardless of theory, except where prohibited by law.

Last revision: June, 6 2020