Fuuz Industrial Operations Platform – Free Trial
This End User License Agreement ("Agreement" or "EULA") is a legally binding agreement between you ("You" or "Licensee") and MFGx, LLC ("MFGx", "Fuuz", "We", or "Licensor") governing Your access to and use of the Fuuz Industrial Operations Platform, including any associated software, applications, services, documentation, and updates, whether accessed via cloud/online services or installed locally (collectively, the "Software").
BY CLICKING "I AGREE", DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CLICK "I AGREE", DOWNLOAD, INSTALL, ACCESS, OR USE THE SOFTWARE.
1. License Grant
Subject to Your compliance with this Agreement and any applicable order, approval, or authorization issued by MFGx, LLC (a Delaware limited liability company), MFGx grants You a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Software solely for internal evaluation and trial purposes during the applicable free trial period (the "Trial License").
The Trial License is provided solely to evaluate the capabilities of the Fuuz Industrial Operations Platform and not for production use, commercial exploitation, time-sharing, service bureau use, or benchmarking for competitive or comparative analysis.
This Trial License is separate from, and does not create, any subscription, SaaS, or commercial rights. Any continued use beyond the trial period requires execution of a separate written agreement with MFGx.
2. Authority to Bind
If You are accepting this Agreement on behalf of a company, organization, or other legal entity, You represent and warrant that You have the authority to bind such entity to this Agreement. If You do not have such authority, or if You do not agree with the terms of this Agreement, You may not accept this Agreement and may not use the Software.
3. Scope of Use
You may:
- Install and use the Software only for Your internal business evaluation during the trial period.
- Access the Software through supported online (cloud-hosted) and/or locally installed deployment models, as expressly enabled by MFGx.
You may not:
- Use the Software in any production, safety-critical, regulated, or revenue-generating environment.
- Copy, reproduce, distribute, sell, lease, sublicense, lend, assign, publish, or otherwise transfer the Software or any portion thereof.
- Make the Software available to any third party, including affiliates, contractors, integrators, or service providers, without MFGx's prior written consent.
- Use the Software to evaluate, design, develop, train, or improve a competing product, service, or offering.
4. Restrictions
Except as expressly permitted by applicable law, You shall not, and shall not permit any third party to:
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, underlying ideas, algorithms, data models, structure, or organization of the Software.
- Modify, adapt, translate, or create derivative works of the Software.
- Remove, alter, or obscure any proprietary notices, labels, trademarks, or embedded identifiers.
- Bypass, disable, tamper with, or circumvent any technical limitations, license enforcement mechanisms, access controls, or security features.
- Redistribute, publish, upload, share, or expose the Software, installers, binaries, virtual machine images, container images, configuration artifacts, or access credentials in any form.
5. Ownership and Intellectual Property
The Software is licensed, not sold. As between the parties, MFGx and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights therein.
No rights are granted except as expressly stated in this Agreement. All trademarks, service marks, logos, and trade names are the property of MFGx or its licensors. This Agreement does not grant You any rights to MFGx intellectual property beyond the limited Trial License.
6. Data and Telemetry
During use of the Software, MFGx may collect technical, diagnostic, usage, and performance data, including system configuration and feature usage, solely to:
- Operate and support the Software
- Improve product functionality, performance, and monitor compliance with this Agreement.
The Software may transmit such data whether deployed online or locally. No customer proprietary operational data will be accessed or used beyond what is reasonably necessary to provide and support the Software.
7. Confidentiality
The Software, including its architecture, workflows, data models, schemas, APIs, documentation, and any non-public information disclosed by MFGx in connection with the trial, constitutes confidential and proprietary information of MFGx ("Confidential Information").
You agree to:
- Protect Confidential Information using at least the same degree of care You use to protect Your own confidential information, but not less than reasonable care.
- Not disclose Confidential Information to any third party without MFGx's prior written consent.
These obligations survive termination or expiration of this Agreement.
8. Trial Period and Termination
The Trial License is effective for the duration specified by MFGx or until earlier terminated.
MFGx may suspend or terminate this Agreement immediately upon notice if You breach this Agreement or if MFGx determines, in its sole discretion, that Your use presents a legal, competitive, security, or business risk.
Upon termination or expiration:
- All rights granted to You immediately cease.
- You must immediately stop using the Software.
- You must permanently delete or destroy all copies of the Software and certify such deletion via email upon request.
9. No Warranty
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR EVALUATION PURPOSES ONLY.
MFGx DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND AVAILABILITY.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MFGx SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE.
IN NO EVENT SHALL MFGx'S TOTAL LIABILITY EXCEED ZERO DOLLARS (US $0).
11. Export Compliance
You agree to comply with all applicable export control and economic sanctions laws and regulations. You represent that You are not located in, under the control of, or a national or resident of any prohibited jurisdiction.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.
13. Relationship to Other Agreements
This Agreement governs only the free or limited trial use of the Software. It does not modify, replace, or supersede any separately executed subscription, SaaS, or commercial agreement between You and MFGx.
If You enter into a paid subscription or SaaS agreement with MFGx, that agreement shall govern Your use of the Software, and this EULA shall automatically terminate.
14. Eligibility; Competitor Restriction
You represent and warrant that You are not, and are not acting on behalf of, a Competitor of MFGx.
For purposes of this Agreement, a "Competitor" means any entity that develops, markets, sells, or provides software or services that are competitive with the Fuuz Industrial Operations Platform, including but not limited to industrial intelligence, MES, MOM, EAM, asset performance, operational data platforms, or related solutions.
Competitors may not access, download, install, or use the Software without MFGx's prior explicit written authorization. Any unauthorized access by a Competitor constitutes a material breach of this Agreement.
15. Contact Information
Address:
MFGx, LLC
Fuuz Industrial Operations Platform
715 E South Blvd, Suite 201
Rochester Hills, MI 48307
Legal Address:
MFGx, LLC
Fuuz Industrial Operations Platform
Legal Department
715 E South Blvd, Suite 201
Rochester Hills, MI 48307
BY CLICKING "I ACCEPT THE TERMS AND CONDITIONS", YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
