Terms of Service | Cognix

Trademarks and Copyright Statement

Cognix and its associated products are registered trademarks of Cognix. All other product or company names may be trademarks of their respective owners. Copyright © 2024 Cognix, all rights reserved. Contents and terms are subject to change by Cognix without prior notice. No part of this publication may be reproduced in any form or by any means or used to make any derivative such as translation, transformation or adaptation without permission from Cognix.

Product Licence Agreement

The parties to this agreement are you, the end customer, and Cognix (referred to herein as “Cognix”). Carefully read the following legal agreement (the “Agreement” or “Terms of Service”). Use of Cognix product(s) and any updates thereto, including software services, AI models and data processing services (together, the “Products”) constitutes acceptance by you of the provisions in this Agreement.

Cognix shall not be bound by any additional and/or conflicting provisions in any order, release, acceptance or other written correspondence or other written or verbal communication unless expressly agreed to in writing signed by an authorised representative of Cognix. Your use of any Product represents agreement to the terms herein, as amended or updated from time to time at Cognix’s discretion by Cognix publishing an amended or updated version.

1. Licence Grant

This is a licence, not a sales agreement, between you and Cognix. The term “Software Services”, as used throughout this Agreement, includes all Cognix services, AI models, data processing capabilities and any accompanying documentation, updates and enhancements provided to you by Cognix. Cognix grants to you a non-transferable, non-exclusive, revocable licence to use the Software Services solely for your internal business purposes, in accordance with the terms set forth in this Agreement and subject to any further restrictions in Cognix documentation.

2. Limitation on Use

You may not attempt to, and if you are a corporation, you are responsible for preventing your employees and contractors from attempting to:

Modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Products
Rent or lease any rights in the Products in any form to any third party
Transfer, assign or sublicence rights to any other person or entity
Remove any proprietary notice, labels or marks on the Products

3. Proprietary Rights

All rights, title, interest and all copyrights to the Products and any copy made thereof by you remain with Cognix. You acknowledge that no title to the intellectual property in the Products is transferred to you and you will not acquire any rights to the Products except for the specific licence as expressly set forth in section 1 (“Licence Grant”) above.

4. Term and Termination

The term of the licence is for the duration of your subscription or as specified in your service agreement. Cognix may terminate this Agreement and the licences and other rights herein immediately without notice if you breach or fail to comply with any of the terms and conditions of this Agreement.

5. Data Processing and AI Services

5.1 Data Processing

When using our AI and data processing services, you acknowledge and agree that:

You have the right to provide any data you submit for processing
You will comply with all applicable data protection laws
You will not submit sensitive personal information unless specifically agreed upon
Cognix may process submitted data to provide and improve services

5.2 AI Model Usage

Only for lawful purposes
In accordance with our usage guidelines
Without attempting to reverse engineer or extract the models
Without attempting to harm or overload our systems

6. Limited Warranty

Cognix warrants that the Products will substantially conform to Cognix’s then current functional specifications for a period of ninety (90) days from the start of service (“Warranty Period”). Cognix’s sole obligation shall be to repair or replace the non-conforming Products with products that substantially conform to Cognix’s functional specifications.

7. Disclaimer of Other Warranties and Restrictions

EXCEPT FOR THE LIMITED WARRANTY SPECIFIED ABOVE, THE PRODUCTS ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, OR WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

8. Governing Law

Any disputes arising out of this Agreement shall be governed by the laws of New South Wales, Australia, without regard to the conflict of laws principles.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COGNIX IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY.

10. Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties.

11. General Provisions

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement may not be amended except in writing signed by both parties. The United Nations Convention on Contracts for the International Sales of Goods does not apply to this Agreement.

12. Privacy

By entering into this Agreement, you agree and consent that Cognix may collect, retain and use personal information as outlined in our Privacy Policy. For more detailed information on the collection, use and transfer of your personal information, please read our Privacy Policy at cognix.au/privacy-policy.

Contact Information

For any enquiries regarding these Terms of Service, please contact us at:
Email: [email protected]