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END USER LICENSE AGREEMENT
READ CAREFULLY: BY INSTALLING THE PRODLIB ADD-ON CONTENT OF PRODLIB STRUCTURAL ("SOFTWARE"), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS END-USER LICENSE AGREEMENT ("EULA"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU ("LICENSEE") AND PRODLIB OY, FINNOONNIITYNKUJA 4, ESPOO ("LICENSOR") AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
The use of the Content and installation requires good expert knowledge in the field of the Content (structural designer). The Content is only an aid without any guarantee to be faultless or for accuracy of the calculation in a specific application.
1. GRANT AND SCOPE OF LICENSE
This Section of the EULA describes Licensee's general license rights to install and use the Software. It also describes a set of additional license rights. The license rights described in this Section are subject to all other terms and conditions of this EULA.
1.1 In consideration of you agreeing to abide by the terms of this License Agreement, the Licensor hereby grants to you a non-exclusive, non-transferable license to use the Content on the terms of this License Agreement.
1.2 You may install and use the Content on one device or several devices for your private or business purposes.
2. LICENSEE’S UNDERTAKINGS
2.1 Except as expressly set out in this License Agreement or as permitted by any local law, you undertake:
(a) not to rent, lease, sub-license, loan, or translate the Content;
(b) not to make alterations to, or modifications of, the whole or any part of the Content nor permit the Content or any part of it to be combined with, or become incorporated in, any other programs;
(c) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Content nor attempt to do any such things.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge that all intellectual property rights in the Content throughout the world belong to the Licensor and / or its licensors, that rights in the Content are licensed (not sold) to you, and that you have no rights in, or to, the Content other than the right to use them in accordance with the terms of this License Agreement.
3.2 You acknowledge that you have no right to have access to the Content in source code form.
3.3 The integrity of the Content is protected by technical protection measures so that the intellectual property rights, including copyright, in the Content of the Licensor are not misappropriated. You must not attempt in any way to remove or circumvent any such technical protection measures.
4. LIMITED WARRANTY
4.1 The Content is provided “as is” without any representations or warranties, and you agree to use the Content at your sole risk.
4.2 To the fullest extent permitted by applicable law, Licensor expressly disclaims all warranties of any kind with respect to the Content, whether express, implied, statutory or arising out of course of performance, course of dealing or usage of trade, including any warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title or non-infringement.
5. LIMITATION OF LIABILITY
5.1 In no event shall the Licensor or its licensors have any liability for any incidental, consequential, indirect, special or punitive damages, or damages for lost profits, revenue, data, or business, arising out of or in connection with this License Agreement, whether in contract, tort, strict product liability or otherwise, even if any representative of the Licensor has been advised of the possibility of such damages.
6. TERMINATION OF THE LICENSE AGREEMENT
6.1 The Licensor may terminate this License Agreement with immediate effect if you commit a material breach of the License Agreement.
7.1 You may not assign this License Agreement or any of your rights or obligations arising under it, without the Licensor’s prior express consent.
8. APPLICABLE LAW AND JURISDICTION
8.1 This License Agreement is governed by and construed in accordance with Finnish law.
8.2 The parties agree that the courts of Finland shall (subject to the clause 8.3 below) have exclusive jurisdiction to settle any dispute that may arise out of, under, or in connection with this License Agreement.
8.3 For the exclusive benefit of the Licensor, the Licensor shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence / principal place of business.
If you have any questions concerning this license agreement, please contact us at email@example.com