This is the end-user agreement (“Contract”) for Vindral Trial Software (below described as the “Software”).
The information below relates to you (“Licensee”) and REALSPRINT AB, Organisation No 556946-5312, (“REALSPRINT”).
“Licensee” shall be taken as referring to the person or business entity who has, by using the Software, complied to these terms and thereby is responsible for any breach against the Contract.
“Contract” shall be taken as referring to this End User License Agreement.
Please read the terms and conditions carefully as continuing with the trial registration process indicates Licensee's acceptance of all the terms and conditions of this Agreement including the warranty disclaimers and limitations of liability. If Licensee does not agree to the terms and conditions, Licensee may not use Vindral.
The trial version of Vindral is subject to functional and scale limitations, which are subject to change.
Licensee is not allowed to use the trial version for purposes other than evaluation and/or testing of the Software. Licensee may not use the Software in commercial applications.
Access to the Software is provided by REALSPRINT. It is licensed, not sold. REALSPRINT grants Licensee a non-transferable, non-exclusive, non-sublicensable limited license to use the Software for evaluation purposes in accordance with the obligations and limited rights and restrictions set forth in this agreement and respecting all the laws in force in the jurisdiction in which the Software is used. For the avoidance of doubt: No other right except use for evaluation is provided to Licensee by this Agreement.
The Software is protected by copyright laws, international treaty provisions, and other applicable national laws. The Software may not be reproduced in any form. Licensee may not reproduce the accompanying documentation.
Licensee shall not: (i) use, copy, modify, or transfer the Software or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in the EULA; (ii) modify, alter, adapt, translate, reverse-engineer, decompile, disassemble or attempt to discover the source code, underlying ideas, algorithms, file formats or programming interfaces of the Licensed Software, Documentation, or any portion thereof or attempt to do so; (iii) remove or cause to be removed any copyright, trademark, patent or any other proprietary legend or notices from any copy of the Licensed Software or Documentation, or any portion thereof; (iv) Licensee shall not rent, lease, sub-license, or transfer the Software; or (v) use the Software to offer timesharing or other computer-based services to third parties.
REALSPRINT shall retain all rights, title, and interest in and for the Software, all copies and portions thereof, and all improvements, enhancements, modifications, and derivative works thereof, and all Intellectual Property Rights therein. Licensee acknowledges and agrees that REALSPRINT holds the Intellectual Property Rights to the Software and, except as expressly provided herein, Licensee is not granted any other right or license to patents, copyrights, trade secrets, or trademarks with respect to the Software. Licensee shall not use REALSPRINT's name, trademarks, or any REALSPRINT designation in association with Licensee's application software.
THIS SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY REALSPRINT, ITS SUPPLIERS AND LICENSORS. IN NO EVENT DOES REALSPRINT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THIS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
REALSPRINT is not responsible for service interruption, downtime, loss of revenues or similar issues.
IN NO EVENT WILL REALSPRINT BE LIABLE TO LICENSEE FOR ANY LOST PROFITS OR SAVINGS, LOST BUSINESS, LOSS OF DATA, LOSS OF REVENUE, LOSS OF USE OR MONEY, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, INJURY TO PERSON OR PROPERTY OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES (WHETHER OR NOT ALSO CONSTITUTING ONE OF THE FOREGOING SPECIFIC TYPES OF LOSS), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE OR OTHER FAULT OF EITHER PARTY), PRODUCT LIABILITY, OR OTHERWISE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON AN ACTION OR CLAIM IN CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. IN NO EVENT SHALL REALSPRINT'S LIABILITY EXCEED AMOUNTS PAID TO REALSPRINT BY LICENSEE UNDER THIS AGREEMENT.
REALSPRINT may terminate this evaluation license at any time, regardless of reason. Upon termination for any reason, the Licensee shall cease to use the Software, and in case the Software is installed in environments owned or controlled by the Licensee, destroy all copies of the Software, all of its component parts, functionally-equivalent derivatives, and all portions and modifications thereof in any form and delete and permanently purge the Software from any server or computer on which it has been installed. The Licensee shall upon request provide REALSPRINT with a certificate on the fulfilment of Licensee's obligations hereunder.
Licensee acknowledges and agrees that the Software constitutes and contains valuable Intellectual Property Rights of REALSPRINT and of its applicable licensors. Licensee will at all times recognize and act consistently with REALSPRINT's Intellectual Property Rights in the Software, regardless of whether patents have been issued thereon, and will not in any way act, or fail to act in any manner, to intentionally or negligently harm such Intellectual Property Rights.
Any dispute, controversy or claim arising out of or in connection with this agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”).
The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.
The seat of arbitration shall be Stockholm.
This agreement shall be governed by the substantive law of Sweden.