Thank you for choosing the Cronus ATS system of Athlon Optics. This Athlon Optics Cronus ATS User Agreement (“Agreement”) is between you, the “User,” and “Athlon Optics.” 

YOU ACCEPT THIS USER AGREEMENT BY DOWNLOADING THE ATHLON OPTICS CRONUS SOFTWARE APPLICATION (‘THE APP”), INSTALLING THE APP, OR CONTINUING TO USE THE APP AFTER BEING NOTIFIED OF A CHANGE TO THIS AGREEMENT.  IF YOU DO NOT ACCEPT IT, OR YOU HAVE NO RIGHT OR CAPACITY TO ACCEPT, YOU MUST NOT DOWNLOAD OR USE THE APP.

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE APP.

1. App License. The App provided by Athlon Optics is subject to this Agreement.
   1. If you comply with this Agreement, Athlon Optics grant you the right to install and use one copy of the App per device on a worldwide basis for use by only one person at a time as part of your use of the App. The App may include third-party code. Any third-party scripts or code, linked to or referenced from the App, are licensed to you by the third parties that own such code, not by Athlon Optics.
   2. Permitted Users App. User agrees that it is responsible for all Permitted Users who use The App. Accordingly, the terms, conditions, restrictions and obligations of the Agreement shall be construed to also apply to all Permitted Users, and User shall be liable for any breach of the Agreement by a Permitted User.
   3. The App is licensed, not sold, and Athlon Optics reserves all rights to the App not expressly granted by Athlon Optics, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
      1. Circumvent or bypass any technological protection measures in or relating to the App;
      2. Disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any App or other aspect of the software that is included in or accessible through the App, except and only to the extent that the applicable copyright law expressly permits doing so;

• Separate components of the App for use on different devices;

1. Publish, copy, rent, lease, sell, export, import, distribute, or lend the App or its software, unless Athlon Optics expressly authorizes you to do so;
2. Transfer the App, any software licenses, or any rights to access or use the App;
3. Use the App in any unauthorized way that could interfere with anyone else’s use or gain access to any service, data, account, or network;

• Enable access to or modify any Athlon Optics’ device.

1. Except as expressly provided under this Agreement, Athlon Optics does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by Athlon Optics or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to Athlon Optics any photograph, video, technical data, idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback”), you give to Athlon Optics, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires Athlon Optics to license its App, technologies or documentation to any third party because Athlon Optics includes your Feedback in them.

Athlon Optics respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please submit a Notice of Infringement.  Athlon Optics uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, Athlon Optics may also disable or terminate accounts of users of the App who may be repeat infringers.

2. Privacy

Athlon Optics collects data from you only through Athlon Optics’ interactions with you through Feedback, when you contact Athlon Optics for support, when you use the App to communicate with an Athlon Optics’ device, or when the App or Athlon Optics’ device is connected wirelessly.  Athlon Optics collects data for a variety of purposes described below, including to operate effectively and provide you with the best experiences.

Athlon Optics collects the following personal information:

1. Feedback data,
2. WiFi information, MAC addresses, pictures taken by users, videos taken by users, and location information of users.
3. When you connect the device on the connection page, we will obtain the WiFi information of the currently connected device to detect whether the current device is an infrared thermal imager device, so as to provide the functions related to the infrared thermal imager later.
4. When you use the App to take photos, you need to authorize the storage function of your phone, so that the photos you take can be stored in your phone for viewing. Otherwise, you may not be able to use the App.

1. When you use the App to make a recording, you need to authorize the storage function of your phone, so that the infrared interface can be recorded as video. Otherwise, you may not be able to use any recording function of the App.

1. When you connect the App or device, we will obtain the App version, device version, WiFi information, and MAC addresses to detect whether the App or device contains the most up to date firmware. A third-party cloud service provider will also obtain this data.

Athlon Optics uses the data Athlon Optics collect to provide you with rich, interactive experiences. In particular, Athlon Optics uses data to:

1. Provide Athlon Optics’ App, which includes updating, securing, and troubleshooting, as well as providing support. It also includes sharing data, when it is required to provide the App or carry out your request,
2. Improve and develop Athlon Optics products,
3. Personalize Athlon Optics products and make recommendations,
4. Advertise and market to you, which includes sending push notifications, promotional communications, targeting advertising, surveys, and presenting you with relevant offers, and
5. Athlon Optics also uses the data to operate Athlon Optics’s business, which includes analyzing performance, meeting legal obligations, developing workforce, and doing research.

In carrying out these purposes, Athlon Optics combines data Athlon Optics collects from different contexts or obtain from third parties to give you a more seamless, consistent, and personalized experience, to make informed business decisions, and for other legitimate purposes.

Where processing is based on consent and to the extent permitted by law, by agreeing to this Agreement, you consent to Athlon Optics’s collection, use and disclosure of your Data as described in this Section.  In some cases, Athlon Optics will provide separate notice and consent.

3. Code of Conduct.

By agreeing to this Agreement, you’re agreeing that, when using the App, you will follow these rules:

1. Don’t do anything illegal.
2. Don’t engage in any activity that exploits, harms, or threatens to harm children.
3. Don’t send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit.
4. Don’t publicly display or use the App to share inappropriate content or material.
5. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the App to affect rankings, ratings, or comments).
6. Don’t circumvent any restrictions on access to or availability of the App.
7. Don’t engage in activity that is harmful to you, the App or others.
8. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of videos or photographs).
9. Don’t engage in activity that violates the privacy of others.
10. Don’t help others break these rules.

4. Service Notifications.
   1. When there’s something Athlon Optics need to tell you about a Service you use, we’ll send you service notifications. If you gave us your email address or phone number, then Athlon Optics may send Service notifications to you via email or via SMS (text message), including to verify your identity, registering your mobile phone number, and/or verifying your purchases. Athlon Optics may also send you Service notifications by other means (for example by in-product messages).
5. App Availability.
   1. The App, its software, and functionality, or material or products offered through the App may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device.
   2. Athlon Optics strive to keep the App up and running; however, all Apps suffer occasional disruptions and outages, and Athlon Optics is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Data. Athlon Optics recommends that you regularly backup Your Content and Data that you store on the App or store using Third- Party Apps, software, or devices.
6. Updates to the App and Changes to This Agreement.
   1. Athlon Optics may change this Agreement at any time. Using the App after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the App, and, if you are a parent or guardian, help your minor child stop using the App.
   2. Sometimes you’ll need App updates to keep using the App. Athlon Optics may automatically check your version of the App and download the App updates or configuration changes. You may also be required to update the App to continue using the App. Such updates are subject to this Agreement unless other terms accompany the updates, in which case, those other terms apply. Athlon Optics isn’t obligated to make any updates available and Athlon Optics doesn’t guarantee that Athlon Optics will support the version of the system or device.
   3. Additionally, there may be times when Athlon Optics need to remove or change features or functionality of the App or stop providing an App or access to Third-Party Apps and App altogether. Except to the extent required by applicable law, Athlon Optics have no obligation to provide a re-download or replacement of any material, Digital Goods or applications. Athlon Optics may release the App or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.
7. Disclaimers of Warranties.

ATHLON OPTICS, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO THE APP OR YOUR USE OF THE APP. YOU UNDERSTAND THAT USE OF THE APP IS AT YOUR OWN RISK AND THAT ATHLON OPTICS PROVIDE THE APP ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE APP. ATHLON OPTICS DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF THE APP. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, ATHLON OPTICS EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN NON-WAIVABLE RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT A COMPLETELY NON-WAIVABLE RIGHT, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. ATHLON OPTICS DOES NOT GUARANTEE THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO ATHLON OPTICS GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.

8. Limitation of Liability.

AGGREGATE LIABILITY. USER AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY LIABILITY ON THE PART OF ATHLON OPTICS UNDER AN AGREEMENT (INCLUDING FOR BREACH OF ANY PROVISION OF THE AGREEMENT, FUNDAMENTAL BREACH OR ANY OTHER BREACH GIVING RISE TO LIABILITY OR ARISING OUT OF OR RELATED TO THE AGREEMENT, HARDWARE, APP IN ANY OTHER WAY), FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION (INCLUDING BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY), SHALL BE LIMITED TO USER’S ACTUAL DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL FEES PAID TO ATHLON OPTICS BY USER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

CONSEQUENTIAL DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ATHLON OPTICS OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO USER OR ITS LICENSORS OR ANY OTHER PERSON, FIRM, CORPORATION OR ENTITY FOR SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, MULTIPLE, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL OR PROFITS, LOSS OF INCOME, WORK STOPPAGE, DATA LOSS OR COMPUTER MALFUNCTION, OR ANY DAMAGES IN THE NATURE OF LOST OPPORTUNITY COSTS OR COSTS FOR PROCUREMENT OF AN ALTERNATIVE TO THE HARDWARE, APP PROVIDED UNDER THE AGREEMENT, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR OTHERWISE, EVEN IF ATHLON OPTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT IN NO EVENT WILL ATHLON OPTICS’ DIRECTORS, OFFICERS, EMPLOYEES OR SHAREHOLDERS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, ORDINARY, PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF THE AGREEMENT.

EXCLUSION FROM LIMITATION OF LIABILITY. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THE AGREEMENT SHALL LIMIT ATHLON OPTICS’ LIABILITY FOR DAMAGES TO USER FOR DEATH OR PERSONAL INJURY RESULTING SOLELY FROM ATHLON OPTICS’ WILLFUL ACTIONS OR ATHLON OPTICS’ GROSS NEGLIGENCE.

9. User Indemnification.

User shall defend, indemnify and hold Athlon Optics and Athlon Optics’ officers, directors, employees, agents and shareholders harmless against any liability, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) from any third party claims brought against Athlon Optics arising out of

1. Use of the App by User or a Permitted User,
2. Any App provided by Athlon Optics to User; provided that this indemnification shall not apply in respect of those matters for which Athlon Optics may have an indemnification obligation under the Agreement.

10. Class Action Waiver.

Athlon Optics hope Athlon Optics never have a dispute, but if Athlon Optics do, you and Athlon Optics agree to try for 60 days, upon receipt of a Notice of Dispute, to resolve it informally.

1. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and us concerning the App, the software related to the App, the App’s or software’s price, your Athlon Optics account, advertising, marketing, communications, your purchase transaction, billing, or this Agreement, under any legal theory including contract, tort, or other common law or statutory theory.
2. If you have a dispute that Athlon Optics’s User service representatives can’t resolve and you wish to pursue a claim, you must first send an individualized Notice of Dispute to Athlon Optics. This Notice of Dispute is a prerequisite to initiating any lawsuit. No statute of limitations will be tolled.

This section and those that by their terms apply after the Terms end will survive any termination or cancellation of this Agreement. You may not assign your rights or obligations under this Agreement or transfer any rights to use the App. This is the entire agreement between you and Athlon Optics for your use of the App. It supersedes any prior agreements between you and Athlon Optics regarding your use of the App. All parts of this Agreement apply to the maximum extent permitted by relevant law. If a court holds that Athlon Optics can’t enforce a part of this Agreement as written, Athlon Optics may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this Agreement won’t change.

12. Governing Law.

This Agreement is entered into in Johnson County, Kansas. Unless expressly agreed to the contrary in an Agreement, the Agreement shall be governed by and construed under the laws of the State of Kansas, without reference to its conflicts of law principles and the parties hereby submit to the sole and exclusive jurisdiction of: The District Court of Johnson County, Kansas or the United States District Court for the District of Kansas.  The parties irrevocably consent to personal jurisdiction in both: The District Court of Johnson County, Kansas or the United States District Court for the District of Kansas.

13. Enforcement and Termination.

If you violate any term of this Agreement, Athlon Optics may terminate this Agreement, stop providing The App to you. Athlon Optics may delete Your Data for any reason. When investigating alleged violations of this Agreement, Athlon Optics reserves the right to review Your Data in order to resolve the issue. However, Athlon Optics cannot monitor the entire App and make no attempt to do so.

14. Entire Agreement.

This agreement, any applicable privacy policy, any additional terms that accompany the application, and the terms for supplements and updates are the entire license agreement between you and application publisher for the application.