End User License Agreement for ColorPro Sense Software Copyright © 2023 ViewSonic Corporation. All rights reserved. Last updated on December 29, 2023.
This End User License Agreement (“EULA”) and Privacy Policy is between you and ViewSonic Corporation (“ViewSonic”). It is applied to the ColorPro Sense software and the related documentations licensed by ViewSonic and its licensor(s) and provided by ViewSonic to you (“Software Product”).
Please read this EULA carefully. If you do not agree to all of the terms of this EULA, you shall not use the Software Product. Your use of the Software Product indicates your acceptance of this EULA. All updates to the Software Product shall be considered part of the Software Product and subject to the terms of this EULA. If the update is accompanied by new terms of this EULA, then those terms apply.
By explicitly accepting this EULA or by installing or using the Software Product, you are acknowledging and agreeing to be bound by the following terms:
This Software Product is licensed, not sold. You are granted a personal, non-exclusive, non-transferable and limited right to use this Software Product provided that you use the Software Product only in connection with Viewsonic ColorPro Wheel products and not with any other color calibration devices.
The license granted in Section 1 is conditioned upon your compliance with the following limitations. All rights not expressly granted to you are retained by ViewSonic and/or its licensor(s). You are not permitted to:
a) work around any technical limitations in the Software Product or to use the Software Product in an attempt to, or in conjunction with any device, program or service designed to, circumvent technical measures employed to control access to, or the rights in Software Product;
b) tamper with, alter, or use the Software Product in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities;
c) reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the Software Product, except and only to the extent that applicable law expressly permits, despite this limitation;
d) rent, lease, lend, distribute or in any way transfer any rights in this EULA or the Software Product to any third party without ViewSonic’s prior written approval provided that such successor agrees to the terms of this EULA and the initial user shall not retain any copies of the Software Product;
e) modify or make any derivative works or copies of the Software Product, in whole or in part;
f) remove any proprietary notices or labels on the Software Product or any copy thereof; or
g) make any use of the Software Product in any manner not permitted by this EULA.
h) disclose or give others your registered or registered and paid user account information whether in public or in private, or in any way allow others to use your registered or registered and paid user account.
The Software Product is protected by copyright and other intellectual property laws and treaties. Except for the license rights expressly set forth in this EULA, you are not granted or received any ownership right, title or interest nor any security interest or other interest in any intellectual property rights relating to the Software Product, nor in any copy of any part of the foregoing.
You hereby agree to indemnify ViewSonic and its licensor(s) against and hold harmless ViewSonic and its licensor(s) from any claims, lawsuits, liability or other losses or damages, including but not limited to the reasonable attorney fees and litigation expenses, arising out of your breach of any provision of this EULA.
Third party software may be provided along with the Software Product subject to separate license agreement(s) from such third party(s). By using this Software Product, you agree to be bound and abide by the aforesaid separate license agreement(s). The license under this EULA does not apply to such third party software. ViewSonic and its Licensor(s) are not responsible for any third party software and shall have no liability for your use of third party software.
ViewSonic may, at its sole discretion, provide you with updates or supplements of the Software Product (“Support Services”). Use of any Support Services is governed by this ELUA and any update thereto. This EULA will be terminated on the date of the first occurrence of either of the following events: (1) one month after written notice of termination from you to ViewSonic; or (2) you breach any terms of this EULA or any terms of any other agreement between you and ViewSonic. Upon the termination of this EULA, further use of the Software Product is prohibited. You shall permanently remove and/or destroy the Software Products or any copies from your computer system(s), hard disk or other storage devices on which the Software Product is installed or stored.
7.1 Purpose
When you use the Software Product, ViewSonic and/or its authorized third party service provider may collect, store and run statistics and carry out analysis based on the use condition and information of the Software Product by you, which is purported to analyze the use condition of the Software Product and improve services and to provide software upgrade, so that ViewSonic can improve product, provide best user-friendly experience and personalized content to users. ViewSonic will take necessary protective measures, to protect your personal information. You can choose not to provide personal information or choose to provide part of personal information, but under such circumstance ViewSonic will not be able to provide product or services to you, or the product function and services provided by ViewSonic will not be able to meet the general requirements of the market.
7.2 The Way We Collect Your Information
In order to better improve the Software Product, when user clicks the Software function button, the Software Product will record user’s operation behavior; under the condition that individual user’s privacy information is not disclosed illegally, ViewSonic or its authorized third-party service provider has the right to analyze the database of operation behaviors of all users, and use the data of user’s operation behaviors for commercial purpose. Here are some examples of how ViewSonic and its authorized third-party service provider may collect personal information and how ViewSonic and its authorized third-party service provider may use such information:
7.2.1 When user creates a user account, downloads and updates the Software Product, or participates in online survey, ViewSonic may collect various information, including but not limited to user’s name, genders, occupation, age, email address, contact information, mac address, IP address, preference, hardware specification, and Windows version.
7.2.2 In accordance with laws, ViewSonic may, during the individual user real-name certification procedures, request user to provide authentic and valid identity certificate issued by the relevant government authority, but such request only applies to a small number of cases.
7.3 Information We Collect We collect the following information you provided to us directly:
7.3.1 To use our Software Product and service, you need to create a ColorPro Sense user account, or you need to enter your account information if you have already had one, where you will provide us certain personal information. This includes but not limited to your first and last name, an email address and a password. And if you choose to register or sign-in with a third-party account, we will also receive your third-party sign-in information. We might also collect this information if you download and update the Software or participate in online survey, of which we will collect, but not limited to, your account type, gender, age, country, and occupation, to help us understand the picture of our user base better, and to improve our product.
7.3.2 Meanwhile, in accordance with laws, ViewSonic may, during the individual user real-name certification procedures, request user to provide authentic and valid identity certificate issued by the relevant government authority, but such request only applies to a small number of cases.
7.3 How we will use your information
ViewSonic and its authorized third party service provider may use such personal information for the following purposes:
7.3.1 By using the personal information so collected, ViewSonic can notify user of the release of the latest product, software update and activities and provide automatic software update.
7.3.2 We will also use the information collected help ViewSonic to create, develop, operate, provide and improve ViewSonic’s product, services, content and advertising, and other normal and reasonable commercial activities.
7.3.3 ViewSonic may use personal information to send important notices, for example, information about product purchase, and change in terms, conditions and policies. Given that such information is critical to the communication between user and ViewSonic, in principle user cannot refuse to receive such information, unless user ceases to use the Software.
7.4 Collection and Use of Non-personal Information
7.4.1 ViewSonic also collects and uses data that cannot be directly linked to any specific person (i.e. non-personal information).
7.4.2 ViewSonic can collect, use, transfer and disclose non-personal information for any purpose.
7.4.3 ViewSonic may collect information generated when user logs on and does retrieval in the Software Product. ViewSonic will summarize such information, to help ViewSonic to provide more useful information to user and to help ViewSonic to know which part of ViewSonic’s product and services user is most interested in, so that ViewSonic can improve the service quality and make it more relevant.
7.5 Disclosure to Third Party
ViewSonic may not sell user’s personal information to a third party. However, ViewSonic may disclose user’s personal information or appoint a third party service provider to collect, store and process user’s personal information under the following circumstances:
7.5.1 Disclosure with express consent: VIEWSONIC may, after obtaining express consent from user, share user’s personal information with a third party. BY USING THE SOFTWARE PRODUCT, YOU HEREBY GIVE EXPRESS CONSENT THAT VIEWSONIC MAY DISCLOSE TO AND SHARE YOUR PERSONAL INFORMATION WITH VIEWSONIC’S AUTHORIZED THIRD PARTY SERVICE PROVIDER.
7.5.2 Disclosure to VIEWSONIC’s affiliated company: user’s personal information may be shared with VIEWSONIC’s affiliated company. As a policy, VIEWSONIC may only disclose necessary data. BY USING THE SOFTWARE PRODUCT, YOU HEREBY GIVE EXPRESS CONSENT THAT VIEWSONIC MAY DISCLOSE TO AND SHARE YOUR PERSONAL INFORMATION WITH VIEWSONIC’S AFFILIATED COMPANY.
7.5.3 Disclosure to authorized partner (hereinafter referred to as “Partner”): if VIEWSONIC’s certain services are provided by Partner, ViewSonic may share user’s certain personal information with Partner, in order to provide better customer services and user experience. BY USING THE SOFTWARE PRODUCT, YOU HEREBY GIVE EXPRESS CONSENT THAT VIEWSONIC MAY DISCLOSE TO AND SHARE YOUR PERSONAL INFORMATION WITH PARTNER.
7.5.4 Disclosure based on legal or reasonable grounds: where laws, legal procedures, litigation, or public authorities and government departments request, for example, personal information is involved in sensitive events such as national security and society stability, ViewSonic may disclose user’s personal information. In addition, if ViewSonic is reorganized, merged or sold, ViewSonic may transfer all personal information as collected by ViewSonic to the relevant third party.
7.6 Protection Measures
ViewSonic attaches great importance to the safety of user’s personal information. ViewSonic will take necessary measures, such as transmission encryption technology, to protect user’s personal information in the transmission process. When ViewSonic stores your personal data, ViewSonic uses compute system with limited access and such system is deployed in the facilities that are protected by physical security measures.
7.7 Inquiry, Modification and Deletion
User may log on to the application designated for the Software Product to inquire and change user’s personal information at any time, in order to ensure that user’s personal information is accurate, complete and updated.
ViewSonic may retain user’s personal information within the period necessary for ViewSonic to realize the purpose described in the Agreement, unless the laws require or allow the retention of such information for a longer period of time. ViewSonic may process user’s personal information in accordance with user’s request and the relevant laws and regulations.
7.8 If you are an individual person residing in the EU
your privacy rights may be subject to the following terms under the General Data Protection Regulation (EU as amended or updated from time to time shall come into force (the “GDPR”) as stated in Appendix One.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF ANY) ARE PROVIDED "AS IS" AND VIEWSONIC AND ITS LICENSOR(S) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. VIEWSONIC AND ITS LICENSOR(S) DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NO VIRUSES OR BUGS, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS WITH REGARD TO THE SOFTWARE PRODUCT OR SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF ANY) REMAINS WITH YOU.
YOU CANNOT RECOVER ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST DATA, DAMAGES TO YOUR DEVICE OR OTHER SYSTEMS, LOSS OF GOODWILL, LOSS OF TIME OR INTERRUPTION OR DISCONTINUATION OF BUSINESS OPERATION) ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE PRODUCT, SUPPORT SERVICES OR THIS EULA, EVEN IF VIEWSONIC AND/OR ITS LICENSOR(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. VIEWSONIC AND ITS LICENSOR(S) SHALL IN NO WAY BE HELD LIABLE OR RESPONSIBLE FOR, AND YOU SHALL INDEMNIFY AND HOLD VIEWSONIC AND ITS LICENSOR(S) HARMLESS FROM ANY LIABILITIES FOR, ANY UNLAWFUL OR ILLEGAL USE OF THE SOFTWARE PRODUCT, INCLUDING, BUT NOT LIMITED TO, THE EXTRACTION AND USE OF COPYRIGHTED DATA FROM EXTERNAL SOURCES (E.G. WEB PAGES).
The Software Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, including, but not limited to, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, and weapons systems, in which the failure of the Software Product, or any software, tool, process, or service that was developed using the Software Product, could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, ViewSonic and its licensor(s) specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that ViewSonic and its licensor(s) will not be liable for any claims or damages arising from such use of the Software Product, or any software, tool, process, or service that was developed using the Software Product, in such applications.
This EULA is the complete statement of the agreement between you and ViewSonic on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.
No amendment or modification of any terms of this EULA shall be effective unless agreed by ViewSonic and its licensor(s) in writing.
You acknowledge that any breach of any terms of this EULA will cause ViewSonic and its licensor(s) great and irreparable harm, for which remedies available at law are inadequate. ViewSonic and its licensor(s) shall therefore be entitled to seek injunctive and other equitable relief, including but not limited to, specific performance, to prevent a breach, continued breach or threatened breach of this EULA, in addition other remedies ViewSonic and its licensor(s) are entitled to seek.
You agree to comply with all applicable laws that apply to the Software Product and your use of the Software Product, including but not limited to export control laws and regulations required by any governments.
Any waiver by ViewSonic or its licensor(s) of any violation of this EULA by you shall not constitute or contribute to a waiver of any other or future violation by you of the same provision, or any other provision, of this EULA.
You expressly agree that this EULA shall be governed and construed solely in accordance with the laws of the State of California without giving effect to conflicts of law principles thereof. You further agree that if you or any of your agent, representative or heir brings any litigation as the plaintiff against ViewSonic, the federal or state courts in Los Angeles, California shall have the exclusive jurisdiction in any conflict or dispute or other cause arising out of or in connection with this Software Product or this EULA. You further agree that if ViewSonic brings any litigation as the plaintiff against you or any of your agent, representative or heir, the federal or state courts in Los Angeles, California shall have the personal jurisdiction in any conflict or dispute or other cause arising out of or in connection with this Software Product or this EULA and ViewSonic may bring a litigation in either the aforesaid courts or any other courts in your place of domicile or residence.
If you have any questions about this EULA, or if you want to contact ViewSonic for any reason, please direct correspondence:
Company: ViewSonic Corporation
Address: 10 Pointe Dr., Suite 200, Brea, CA 92821, USA
Email: m773@viewsonic.com
Appendix One: Privacy Rights of Individuals Residing in the EU, EEA and UK.
If you are an individual residing in the EU, EEA and UK, when you download ColorPro Sense (the “Software Product”), your privacy rights may be subject to the following terms under the General Data Protection Regulation (EU as amended or updated from time to time shall come into force (the “GDPR”) as stated in Appendix One as follows:
If you are an individual in the EU or EEA or UK, your privacy rights are subject to the following under the General Data Protection Regulation (the “GDPR”) and relevant national data protection laws. References herein to the GDPR shall be taken to be references to the UK GDPR for individuals in the jurisdiction of the UK. The GDPR and UK GDPR are substantially similar.
At ViewSonic we take protecting the confidentiality and personal information of our partners and customers seriously, and with this in mind we adhere to the following Privacy Policy and provide the following information in accordance with Art. 13 and Art. 14 of the GDPR.
You may be using the Software Product through your respective organisation (e.g. school, company or institution). According to the GDPR, your organisation is the controller when they make the Software Product available for your use. Your data is processed under the responsibility of your organisation, depending on the Software Product usage. We (ViewSonic Corporation) are then a data processor. This means that we process the data exclusively upon the instructions of your organisation. Your organisation as the responsible body continues to bear the responsibility for confidential and compliant data processing.
The data that we process on behalf of your organisation and receive from your organisation is processed exclusively based on an appropriate legal basis. You can find this in the privacy policy of your respective organisation. There you will also find further information about the processing, e.g. recipients of the data, storage period, etc. In the following, we name further processing that exists through the use of the Software Product and for which you can also take information from the privacy policy of your organisation. They are listed here again for your information.
The data you share with us is deleted as soon as it is no longer required for the purpose for which it was collected. If you wish to delete your account, please use the “delete my account” option and your account and personal information will be deleted.
Please note the use of the Software Product always involves a third country transfer. We do not mention this in each processing activity below, but rather inform you here that each processing step of the Software Product requires a third country transfer due to the operation and maintenance of the Software Product. The collected data may be transferred to the US and Taiwan. Standard Contractual Clauses are in place for this transfer to ensure adequate data protection standards.
The responsible party within the meaning of data protection laws, in particular the GDPR, for processing activities were ViewSonic Corporation is the controller is:
ViewSonic Corporation
10 Pointe Dr., Suite 200, Brea, CA 92821, USA
m773@viewsonic.com
This privacy policy is for ColorPro Sense (the Software Product) and is intended to inform users of the use of their personal information and their privacy rights on ColorPro Sense. For information on the processing of your personal data, please see the ColorPro Sense End User License Agreement (EULA).
Please note that references to the EU General Data Protection Regulation (GDPR) in the jurisdiction of the United Kingdom (UK) are instead references to the United Kingdom General Data Protection Regulation (UK GDPR). The UK GDPR and the EU GDPR contain similiar rules, but apply to EU and the UK respectively.
The responsible party within the meaning of data protection laws, in particular the GDPR, is:
Company: ViewSonic Corporation
Address: 10 Pointe Dr., Suite 200, Brea, CA 92821, USA
Email: m773@viewsonic.com
You can exercise the following rights at any time using the contact details provided by our data protection officer:
• Information about your data stored by us and its processing (Art. 15 GDPR),
• Correction of incorrect personal data (Art. 16 GDPR),
• Deletion of your data stored by us (Art. 17 GDPR),
• Restriction of data processing, unless we are not yet allowed to delete your data due to legal obligations (Art. 18 GDPR),
• Objection to the processing of your data by us (Art. 21 GDPR) and
• Data portability, insofar as you have consented to the data processing or have concluded a contract with us (Art. 20 GDPR).
If you have given us consent, you can revoke it at any time with effect for the future.
You may at any time lodge a complaint with a supervisory authority, e.g. the competent supervisory authority in the federal state, province, or country of your residence or the authority responsible for us as the controller.
At ViewSonic or any associated trading names ("ViewSonic") we take protecting the confidentiality of our partners and customers seriously, and with this in mind we adhere to the following Privacy Statement: English law and jurisdiction applies with respect to the content of this site and the information submitted. In particular, we recognise and address our obligations under the provisions of the Data Protection Act (1998) and the GDPR (General Data Protection Regulations).
Under GDPR we must provide information and statements in a clear, concise, transparent, intelligible and easily accessible format. This policy seeks to do just that when explaining how we collect and manage your data.
We never knowingly collect more personal data than is strictly necessary to perform our services.
Personal data includes but is not exhausted to user’s name, mailing address, telephone number, email address, contact information, mac address, IP address, preference, bank card, hardware specification, and Windows version. If you choose not to provide this information, we may not be able to provide the corresponding ViewSonic products and services or respond to your enquiries.
We also obtain data from publicly available sources, service providers, governing bodies and referees. ViewSonic may combine information collected from these sources with information already in its possession.
ViewSonic will process your personal information for certain legitimate business purposes. Legitimate Interest means the interest of our company in conducting and managing our business to enable us to give you the best service/products and the best and most secure experience.
Your information will be collated onto our databases; all relevant paper documents are securely stored on each site. The database is interrogated by our support teams to provide good services. We generally process your personal data only for those purposes that we have communicated with you.
We will retain your personal data for the period necessary to fulfil the purposes outlined in this Privacy Policy, unless a longer retention period is permitted by law or required to fulfil other necessary purposes. For example, to comply with tax law or other laws and regulations, we may retain your personal data within the period requested by such laws and regulations; to follow requests from governments or judiciary for purposes such as investigation or lawsuit, we may retain your personal data for a longer retention period.
Your personal data security is our highest priority. We have taken steps to protect your personal data by limiting the access to our network where your data is stored. It is our policy to maintain the integrity of any personal data in our possession. Our team only access data that is required to complete their job role.
Although we do our best to protect the information you share via the internet, anything you submit via the internet is done so at your own risk.
Your Rights to your personal data we hold on you:
A. Request access to your personal data and obtain a copy
B. Request data corrections of any incorrect or incomplete data
C. Request to be removed from our databases and systems
D. Request to remove consent of data processing
E. Opt-out or unsubscribe from all non-essential emails by using the unsubscribe option at the foot of all our commercial communications
Except as set out herein and where required or permitted by law or a court of competent jurisdiction, we will not reveal any personal data about you to any third party.
Information will be shared internally within the ViewSonic team to provide business operations. We will only share with third parties when required as part of our services.
You understand and consent that when you agree to provide your personal data to ViewSonic your personal data may be transferred, stored, used or processed by ViewSonic and any of its affiliated entities or service providers who may be located in a different country to you. All said transfer, storage, or process of your personal data, shall be subject to the Privacy Policy and applicable laws on privacy protection and personal data security.
From time to time, ViewSonic may sell a business or a part of a business to another person or company. Such a transfer of ownership could include the transfer of your personal data directly related to that business to the purchasing person or company.
ViewSonic will NOT knowingly collect personal data from children or minors (as defined by local requirements), and if we learn that we have personal data about a child or minor, we will delete it from our systems. If you are a child or a minor, you must request a parent or guardian to register for the service on your behalf.
How to contact us If you have any questions, queries or concerns regarding this policy, please contact our Data Protection Officer.
Company: ViewSonic Corporation
Address: 10 Pointe Dr., Suite 200, Brea, CA 92821, USA
Email: m773@viewsonic.com
As and when required, we may update this policy. If significant changes are made we will notify all ViewSonic services users. By using our services, you consent to this policy.