![]() “Authorized Third Party Program Participant” means entities such as insurers, water utilities, or other entities with a customer base that offer a program to its customers that utilizes the Flume Hardware Product and Flume Software for use of Product Data.1.3. “Affiliate” means a business entity currently existing or later acquired that is controlled by, or is under common control with Flume.1.2. ![]() Flume and You (or “End User”) (each a “Party” or together the “Parties”) hereby agree as follows: If You do not intend to be bound to the terms of this EULA, Flume is not willing to license the Software to You You may not use the Flume Hardware Product or the Software and You must contact the party from whom You acquired the Flume Hardware Product for instructions on how to return the Flume Hardware Product. If You use the Flume Hardware Product, You will be deemed to have accepted the terms and conditions of this EULA. Any and all updates to Software shall also be subject to this EULA. Software is provided to You under license, subject to the terms and conditions of this EULA. Software is provided only for use with the Flume Hardware Product and any other use of Software is strictly prohibited and may subject You to legal action. For purposes of this Agreement, any software that is not Embedded Software or Application Software is software that may be associated with a separate end-user license agreement licensed to You under the terms of that license agreement. ("Flume") to the entity or person who has purchased or otherwise acquired a Flume Hardware Product, whether directly from Flume or from its authorized representative (“You” or "End User"). Portions of the Software may include or operate with open source software or libraries (“Open Source”).This End User Software License Agreement (“EULA” or "Agreement") is a legally binding agreement governing the licensing of the Software and Documentation by Flume, Inc. Software is provided only for use with, and for authorized end users of, the Flume hardware Product you have acquired from Flume or its authorized representative ("Flume Hardware Product"). ![]() Embedded Software and Application Software are collectively referred to as “Software” (as defined in more detail below) and are both subject to the terms and conditions contained in this EULA. There are two types of software covered by this End User License Agreement ("EULA"): (1) The Flume hardware Product you have acquired contains embedded software (“Embedded Software,” as defined in more detail below) which is integral to such Product's operation and (2) application software provided to you on a downloadable basis (“Application Software,” as defined in more detail below). Last Updated JFlume, Inc., a Delaware corporation with corporate offices located at 75 Higuera Street, Suite 120, San Luis Obispo, CA 93401 (“Flume”), desires to offer certain hardware and software products, developed by and proprietary to Flume or its licensors.
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