END USER SOFTWARE LICENSE AGREEMENT FOR DOWNLOADS

YOU ARE ONLY ALLOWED TO DOWNLOAD THIS SOFTWARE IF YOU RIGHTFULLY OWN OR ARE RIGHTFULLY DISTRIBUTING THE PRODUCT FOR WHICH THE SOFTWARE IS INTENDED (AS SPECIFIED ON THE DOWNLOAD PAGE). IF YOU DOWNLOAD THIS SOFTWARE YOU HAVE AGREED TO THE TERMS OF THIS LICENSE AGREEMENT.

1. THE LICENSE

INTERTEX Data AB, Rissneleden 45, 174 44 Sundbyberg, Sweden (“Licenser”), authorizes you (the “Licensee”) to use the downloaded software program(s) (the “Software”), to which this License Agreement is appended or otherwise connected, and the Licensee accepts a non-exclusive, non-transferable License to “Use” (as hereinafter defined) the Software and have it run on the intended Licenser product, upon the terms and subject to the conditions contained herein.

2. USE OF THE SOFTWARE

For the purposes of this License “Use” shall mean and include:

(i) utilization of the Software by copying, transmitting or loading the same into the temporary memory (RAM) or installing into the permanent memory (e.g. hard disk, CD ROM or other storage device) of the System for the processing of the System instructions or statements contained in such Software;

(ii) in the case of Software embedded in hardware equipment; by operating the hardware equipment;

(iii) storing the whole or any part of the Software on the System or other storage unit or disk;

(iv) utilizing (but not copying) the instructional and/or operational manuals relating to the Software.

For the purposes of this License “concurrent use”, meaning simultaneous use of the Software by more than one user, is only allowed if specified by purchase agreement or similar and only for the number of users specified.

3. LICENSEE'S UNDERTAKINGS

The Licensee may not perform any of the acts referred to in (i)-(iv) below except where explicitly permitted by the applicable law to the Licensee as a lawful user of the Software and only then for the specific limited purpose stated in such applicable law or hereunder. Licensee may not:

(i) copy the Software (other than for normal System operation or back-up purposes) or otherwise reproduce the same;

(ii) translate, adapt, vary or modify the Software;

(iii) disassemble, decompile or reverse engineer the Software or any other action attempting to discover or disclose the source code or the methods or concepts embodied in the source code

(iv) modify the software in any way so that copyrights, trademarks and other proprietary notices are removed or altered

The Licensee further undertakes:

(v) not to provide or otherwise make available the Software in whole or in part (including where applicable, but not limited to program listings, object code and source program listings, object code and source code), in any form to any third party without prior written consent from Licenser;

(vi) within 14 days after the date of termination or discontinuance of this License for whatever reason, to destroy the Software and all updates, upgrades or copies, in whole and in part, in any form including partial copies or modifications of the Software received from Licenser or made in connection with this License, and all documentation relating thereto.

4. LIMITED WARRANTIES

No warranty is granted by Licenser for this particular Software and any download and use of the Software is done at the Licensee’s risk.

5. LIMITATION OF LIABILITY

Without prejudice to the Licensee’s rights against the reseller according to a separate Warranty Statement as provided in Section 4, the Licensee hereby acknowledges that software in general is not error-free and agrees that the existence of such errors shall not constitute a breach of this License. THE SOFTWARE IS FURNISHED AS IS AND LICENSER DISCLAIMS, TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.

Licenser shall not be liable 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. Notwithstanding the generality of the preceding sentence, Licenser expressly excludes liability for indirect, special, incidental or consequential loss or damage which may arise in respect of the Software, its use, the System or in respect of other equipment or property, or for loss of profit, business, revenue, goodwill or anticipated savings.

In the event that any exclusion contained in this License shall be held to be invalid for any reason and Licenser becomes liable for loss or damage that may lawfully be limited, such liability shall be limited to the License fee paid for the Software.

Licenser does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of Licenser, its employees, agents or authorized representatives.

6. COPYRIGHT, PATENTS, TRADE MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS

The Licensee acknowledges that any and all of the copyright, trademarks, trade names, patents and other intellectual property rights subsisting in or used in connection with the Software including all documentation and manuals relating thereto are and remain the sole property of Licenser or other rightful owner. The Licensee shall not during or at any time after the expiry or termination of this License in any way question or dispute the ownership.

Copyright and legal notes

7. TERMINATION

Licenser may by notice in writing terminate this License if the Licensee is in breach of any term, condition or provision of this License or required by the applicable law and fails to remedy such breach (if capable of remedy) within 30 days of having received written notice from Licenser specifying such breach. Termination, howsoever or whenever occasioned shall be subject to any rights and remedies Licenser may have under this License or under the applicable law.

firmware/legal_terms.txt · Last modified: 2011/06/07 09:54 by tibor
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