Kuva Space Evaluation End User License Agreement
This End User Evaluation License Agreement ("Agreement") is entered into by and between Kuva Space Oy, a Finnish corporation with offices at Otakaari 5, 02150 Espoo, Finland ("Kuva Space"), and the user (“User”) using the service (“Service”) provided by Kuva Space, as accepted by the User by clicking a box indicating acceptance, or by otherwise taking the Service into use.
1. Purpose and Scope
The Service consists of Kuva Space providing the User access to certain preselected satellite imagery and/or derived analytics and insights ("Evaluation Data") solely for internal evaluation, testing, or demonstration purposes. The User understands and agrees that this Agreement does not permit commercial use, redistribution, or any public dissemination of the Evaluation Data.
2. License Grant and Use Restrictions
Subject to the terms of this Agreement, Kuva Space grants the User a limited, non-exclusive, non-transferable, revocable license during the Term (as defined below) to use the Evaluation Data only:
- Internally within the User’s organization;
- For non-commercial evaluation purposes;
- As otherwise expressly approved in writing by Kuva Space.
The User shall not:
- Reproduce, distribute, sublicense, publish or make derivative works of the Evaluation Data;
- Use the Evaluation Data for commercial, operational, or production purposes;
- Attempt to reverse-engineer, disassemble, or modify the Evaluation Data;
- Sell, lease, provide service bureau or timeshare services, distribute or otherwise make the Evaluation Data available to third parties;
- Use the Evaluation Data to benchmark or evaluate Kuva Space products for competitive purposes.
3. Data Disclaimer and Intended Use
The Evaluation Data, including HF1A sample data, is experimental, is provided "AS IS," and may not meet scientific or commercial quality standards. No warranty is provided, express or implied. The User acknowledges and agrees that the Evaluation Data is not classified as hyperspectral and may contain visual spectrum gaps. The User further acknowledges and agrees that the Evaluation Data is provided for exploratory use only, and Kuva Space makes no warranties as to its accuracy, completeness, or fitness for any purpose. The User bears the sole risk of using the Evaluation Data.
4. Confidentiality
The User shall treat the Evaluation Data and any associated documentation, insights, or communications (collectively, the “Kuva Space Data”) as confidential. The User shall:
- Not disclose the Kuva Space Data to any third party without prior written consent;
- Protect the Kuva Space Data using at least the same measures it uses to protect its own confidential information;
- Promptly notify Kuva Space of any unauthorized or suspected unauthorized use or disclosure of any Kuva Space Data.
This confidentiality obligation shall survive termination of this Agreement for a period of five (5) years.
5. Intellectual Property
All intellectual property rights in and to the Evaluation Data, associated analytics, and Kuva Space Data remain the exclusive property of Kuva Space. No rights or licenses are granted by implication or otherwise unless expressly set forth in the Section 2 of this Agreement.
6. Term and Termination
This Agreement shall remain in effect until the earlier of (a) Kuva Space’s written revocation of access, or (b) ninety (90) days from the acceptance of this Agreement by the User (the “Term”). Kuva Space may terminate this Agreement at any time, with or without cause, upon written notice. Upon termination, the User shall delete all copies of the Evaluation Data and Kuva Space Data and certify such deletion upon request.
7. No Warranty; Limitation of Liability
The Evaluation Data is provided "AS IS" without warranties of any kind, express or implied and no indemnity. Kuva Space disclaims all warranties including merchantability, fitness for a particular purpose, and non-infringement. In no event shall Kuva Space be liable for any indirect, incidental, or consequential damages, including loss of use or data, and Kuva Space’s liability hereunder shall not exceed One Hundred Euros (EUR 100.00) regardless of the nature of the claim or theory of liability.
8. Export Control and Access Validation
The User agrees to comply with all applicable export control and data protection laws. The User acknowledges that access to Evaluation Data through Kuva Space’s proprietary access channel, Kuva Sense, may be subject to additional access restrictions including IP logging, email verification, and user identity validation. Security-critical data may require separate approval or elevated access permissions.
9. Governing Law
This Agreement shall be governed by the laws of Finland without regard to its conflict of laws provisions.
Any disputes arising out of or relating to this Agreement must primarily be settled in negotiations between the Parties. If the Parties fail to settle the dispute in their mutual negotiations, any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one. The seat of arbitration shall be Helsinki, Finland. The language of the arbitration shall be English. However, evidence may be submitted, and witnesses may be heard in Finnish, if the arbitral tribunal deems it appropriate.
10. Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding the Evaluation Data and supersedes all prior agreements and understandings, whether written or oral. Any changes must be made in writing and signed by both parties.
By accessing the Evaluation Data via Kuva Sense or any Kuva Space distribution channel, the User acknowledges and agrees to be bound by the terms of this End User Evaluation License Agreement (EULA).