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IMPORTANT – USE OF THIS SOFTWARE IS SUBJECT TO LICENSE RESTRICTIONS. CAREFULLY READ THIS LICENSE AGREEMENT BEFORE USING THE SOFTWARE. USE OF THIS SOFTWARE INDICATES YOUR COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT
The Software is licensed to you by Elektron for use in accordance with the terms of this Agreement.
The terms of this Agreement will govern any Software updates provided by Elektron that replace and/or supplement the original Software, unless such update is accompanied by a separate agreement in which case the terms of that license will govern.
Elektron reserves the right, in its sole discretion, to change or modify certain terms of this Agreement. Elektron will try to make such changes as minor as possible. Such changes will be effective with or, as applicable, without prior notice to you. You will be able to review the most current version of this Agreement on https://www.elektron.se/eula. You are responsible for being aware of the most current version of this Agreement and therefore you are responsible for checking https://www.elektron.se/eula periodically for such changes. If any future changes to this Agreement are unacceptable to you, the only cause of action for you will be to stop using the Software, to uninstall the Software and destroy all copies of the Software. Your continued use of the Software following any revision to this Agreement constitutes your acceptance of any and all such changes.
Hardware and operating systems that support and meet the requirements necessary to run the Software is described on https://www.elektron.se/support.
Elektron may modify the hardware and system requirements for new versions of the Software or otherwise.
Elektron and/or its Licensors, holds all the rights, including all intellectual property rights to the Software, such as, but not limited to, patents, copyrights, patent designs, trademarks and trade secrets. Nothing in this Agreement shall be interpreted to mean that the aforementioned rights, or part thereof, is transferred to you.
All rights not expressly granted by Elektron or its Licensors under this Agreement are reserved.
Elektron and/or its Licensors, holds all the rights, including all intellectual property rights to the Software, such as, but not limited to, patents, copyrights, patent designs, trademarks and trade secrets. Nothing in this Agreement shall be interpreted to mean that the aforementioned rights, or part thereof, is transferred to you.
All rights not expressly granted by Elektron or its Licensors under this Agreement are reserved.
You may not and may not permit others to (i) disassemble, decompile or otherwise derive source code from the Software; (ii) reverse engineer or create derative works of the Software (iii) copy the Software; (iv) or use the Software in any manner that violates the terms of this Agreement or infringes Elektron’s intellectual property or other rights.
You may not distribute, rent, sublicense, lease or otherwise make the Software available, directly or indirectly, for use by any other person.
Elektron will provide support to the best of its capability. Support will only be provided for the latest version of the Software to the extent the Software is used on operating Systems and hardware that meets the specified system requirements as indicated in 3 above.
The Software may periodically check for updates and, if an update is available, the Software may automatically download and install the update onto your hardware.
Elektron ensures that the latest version of the Software shall perform substantially in accordance with the specifications contained in the applicable Software manuals for a period of one (1) year following the date the Software was made available for you.
Elektron does not guarantee that any earlier versions of the Software are compatible with Elektron’s hardware and Elektron is free to alter the functionality of the Software at its own discretion at any time.
If the Software does not perform substantially in accordance with the specifications contained in the applicable Software manuals, the entire liability of Elektron and your exclusive remedy will be limited to either, at Elektron’s option, replacement of the Software or a refund of the license fee paid by you. However, Elektron does not warrant that the Software is compatible with third party software and Elektron is not liable for any non-conformance due to the Software being incompatible with a third party software.
Please note that non-performing Software does not give you the right to return any products sold to you by Elektron, unless expressly specified in the terms and conditions governing your purchase of products from Elektron (please read Terms & Conditions)
The warranty is only valid to the extent the Software is used on operating Systems and hardware that meets the specified system requirements as indicated in 3 above.
To the maximum extent permitted by applicable law, and except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND OTHER THAN THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT WHICH ARE THE ONLY WARRANTIES MADE, AND THERE ARE NO OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), AND SPECIFICALLY THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITH THE EXCEPTION OF THE MANDATORY PROVISIONS OF APPLICABLE LAW, ELEKTRON AND ITS LICENSORS SHALL UNDER NO CIRCUMSTANCES BE RESPONSIBLE FOR ANY INJURY, DIRECT OR INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF HARDWARE, INTERRUPTION OF BUSINESS OR OTHER BUSINESS DAMAGE OR LOSS CAUSED BY OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.
IN NO EVENT SHALL ELEKTRON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT PAID BY YOU TO ELEKTRON FOR THE SOFTWARE.
The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The License is valid for an indefinite period. Your rights under the License will terminate automatically and without notice from Elektron if you fail to comply with any term(s) of this Agreement. Upon termination, you shall immediately cease to use all of the Software and uninstall all copies of this and parts thereof.
These terms and conditions constitute the entire agreement between you and Elektron with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement, except as stated in section 2 above, will be binding unless in writing and signed by Elektron. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions; the English version of this Agreement shall prevail.
If any provision of this License is held by a court of competent jurisdiction to be invalid, unenforceable, or illegal, such provision shall be severed from this License and the remaining provision will remain in full force and effect.
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, this License is subject to the laws of Sweden, without regard to choice or conflicts of law principles. Further, you agree to the exclusive jurisdiction of the courts of Sweden to resolve any dispute, claim or controversy that arises in connection with this License.
Any disputes shall be solved in Gothenburg, Sweden with Gothenburg District Court as first court of instance.