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Top Marine OÜ
END USER LICENSE AGREEMENT
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE INSTALLING THE ADD-ON CONTENT:
This licence agreement ("Licence Agreement") is a legal agreement between you (both the individual installing the downloaded Software and any single legal entity for which the individual is acting) ("Licensee" or "you") and Top Marine OÜ, Tule 33, 76505 Saue, Harjumaa, Estonia, business ID 11001787 ("Licensor" or "we") for this add-on content (“Content”).
By ticking the “I accept the agreement” option and clicking the “OK” button, you agree to the terms and conditions of this License Agreement which will bind you.
The use of the Content and installation requires good expert knowledge in the field of the Content (structural designer). The Content has been designed in such a way so as to give a specific type of result from the data which has been entered. It remains the responsibility of the Licensee to check these results before use and to assure that these results, which it provides, are suitable for the customer’s specific application. 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 the license
1.1In consideration of you agreeing to abide by the terms of this Licence Agreement, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Content on the terms of this Licence Agreement.
1.2You may install and use the Content on one device or several devices for your private or business purposes.
2.1Except as expressly set out in this Licence 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
3.1You 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 Licence Agreement.
3.2You acknowledge that you have no right to have access to the Content in source code form.
3.3The 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.
4.1The Content is provided “as is” without any representations or warranties, and you agree to use the Content at your sole risk.
4.2To 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
5.1In 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.
5.2 LICENSOR CANNOT AND DOES NOT GIVE ANY WARRANTIES OR REPRESENTATIONS OR GIVE ANY UNDERTAKINGS, EITHER EXPRESS OR IMPLIED, ABOUT THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE HEREIN AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES CAUSED BY THE USE OF THIS APPLICATION, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA ON YOUR INORMATION HANDLING SYSTEM.
6.Termination of the License Agreement
6.1The Licensor may terminate this License Agreement with immediate effect if you commit a material breach of the License Agreement.
7.1You 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
8.1This License Agreement is governed by and construed in accordance with Finnish law.
8.2The parties agree that the courts of Finland shall (subject to the clause 8.3 below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this License Agreement.
8.3For 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 about this License Agreement, feel free to contact us at: