End User License Agreement
This End User License Agreement (EULA) is a contract between you (“the Licensee”), and us, Vironova AB (“the Licensor”), for your use of MiniTEM™ software. Please read this agreement carefully. It contains important terms and conditions that affect you and your use of the Software. By clicking, ”I accept” or by installing, copying, or using the Software, you acknowledge that you have read and understood the terms and conditions of this license and agree to be bound by the terms and conditions of this agreement, including the disclaimers, and thus becoming the Licensee to this License. If you do not agree to these terms and conditions, do not install, copy, or use the software.
1 Software License
- 1.1 Definition of Software: In this EULA, ”Software” means the MiniTEM software in executable form.
- 1.2 Grant of License: The Licensor hereby grant the Licensee a limited, non-exclusive, non-transferable, royalty-free license to use the Software in accordance with the terms of this agreement (“the License”).
- 1.3 Definition of Confidential Information: In this EULA, “Confidential Information” means this EULA, all Software listings, documentation, information data drawings, specifications, trade secrets, object code and machine-readable copies of the Software, source code relation to the Software, and any other proprietary information supplied to the Licensee by the Licensor.
2 Terms of License
- 2.1 Permitted Uses
- 2.1.1 The Licensee may install and use the number of copies that the Licensee have purchased or been granted a license for solely for the Licensee’s internal business use.
- 2.2 Restricted Uses
- a) No Distribution, etc.: The Licensee may not distribute, license, loan, sell, lease, rent, sublicense, assign, transmit, host, outsource, disclose, encumber, or otherwise commercially exploit or deal with the Software or any other content that is contained or displayed in it.
- b) No Modification: The Licensee may not modify, alter, or create any derivative software or any other software program from the Software or based on Confidential Information provided by the Licensee.
- c) No Reverse Engineering: The Licensee may not reverse engineer, decompile, decode, decrypt, disassemble, or derive any source code from the Software.
- d) Proprietary Notices: The Licensee may not remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the Software.
3 Support and Maintenance
- 3.1 The extent of support and maintenance is defined in the signed License Usage Agreement between the Licensor and the Licensee.
- 4.1 Fees payed are defined in the signed License Usage Agreement between the Licensor and the Licensee.
- 5.1 This License Agreement is effective upon installation (the ”Effective Date”) and will continue until terminated in accordance with the terms of this agreement.
6 No Warranties
- a) ”As Is:” The Software and its content is provided ”as is,” with all its faults, defects, and errors, and without any warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
- b) Defects: The Licensor does not promise that the Software will be free of bugs, errors, viruses, or other defects. The Licensor shall not be liable for the Licensee’s use of or inability to use the Software, its content, or any associated service. The Licensee is solely responsible for all costs and expenses associated with rectification, loss of data, repair or damage caused by such errors.
- 7.1 Intellectual Property Rights: The Licensee acknowledges that The Licensor or the Licensor’s suppliers own the Software and any and all trademarks, copyrights, patents and other intellectual property rights used or embodied in or connected with the Software, and that it shall remain the exclusive property of the Licensor.
- 7.2 Third Party Software: The Software may now or later contain third party software that requires notices or additional terms and conditions. If so, those notices and additional terms and conditions are and will be located on the Licensor’s website and are incorporated by reference into this License Agreement.
- 7.3 Consent to Use of Data: The Licensee agree that the Licensor and its affiliates may collect and use technical information gathered as part of its support services. The Licensor may use this information, but only to improve the Licensor’s products and services. The Licensor will not disclose this information in a form that personally identifies the Licensee.
8 Compliance with Laws
- 8.1 The Licensee must comply with all applicable laws and regulations (including those relating to the import and export of software).
9 Limitation of Liability
- 9.1 The Licensor shall not be liable to the Licensee or to any other party for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this License, the Software, its use or otherwise, except to the extent that such liability may not be lawfully excluded under the applicable law.
- 9.2 Notwithstanding the generality of sub-clause 9.1 above, the Licensor expressly excludes liability for indirect, special, incidental, or consequential loss or damage which may arise in respect of the Software howsoever cause even if advised of the possibility of such damages.
- 9.3 In the event the Licensor incurs any liability whatsoever, such liability is limited to the license fee paid by the Licensee for the Software, except for death or personal injury arising from the Licensor’s negligence.
- 10.1 Termination by the Licensor
- 10.1.1 The Licensor may terminate this agreement upon 30 days’ prior written notice to the Licensee.
- 10.2 Termination by the Licensee
- 10.2.1 The Licensee may terminate this agreement by
- a) permanently destroying all copies of the Software in its possession or control,
- b) removing the Software from any hard drive on which it is installed, and
- c) giving the Licensor notice certifying that it have taken these steps.
- 10.3 Survival of provisions
- 10.3.1 Clauses 2.2, 7, and 9 shall survive termination of this License Agreement.
- 11.1 Entire Agreement
- 11.1.1 This agreement contains all the terms between by the Licensor and the Licensee relating to its subject matter. It replaces all previous discussions, understandings, and agreements.
- 11.2 Amendment
- 11.2.1 The Licensor may amend this agreement on one or more occasions by posting amendments to its website.
- 11.3 Assignment
- 11.3.1 The Licensee may not assign this License Agreement or any of its rights under it at any time without the Licensor’s consent.
- 11.4 Severability
- 11.4.1 If any part of this License Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
- 11.5 Waiver
- 11.5.1 A party’s failure or neglect to enforce any of rights under this License Agreement shall not be deemed to be a waiver of that party’s rights.
- 11.6 Notices
- 11.6.1 The Licensor may deliver any notice required by this License Agreement via pop-up window, dialog box, or other on-screen device, even though the Licensee may not receive the notice until its next launch the Software. Any such notice will be deemed delivered on the date the Licensor first makes it available through the Software.
- 11.7 Headings
- 11.7.1 The headings used in this agreement and its division into sections, schedules, and other subdivisions do not affect its interpretation.