LICENSE AGREEMENT AND WARRANTY
FOR THE ENCLOSED SOFTWARE AND
YOUR LICENSE AGREEMENT – READ BEFORE OPENING OR USING SOFTWARE
IMPORTANT: THIS AGREEMENT CONTAINS THE LICENSE TERMS AND CONDITIONS FOR THE ENCLOSED LICENSED SOFTWARE, INCLUDING FIRMWARE, AND RELATED DOCUMENTATION. OPENING THE SOFTWARE PACKAGE OR INSTALLING OR USING THE SOFTWARE SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST RETURN THE SOFTWARE UNUSED. THE INDIVIDUAL UNIT UPON WHICH THE SOFTWARE IS TO BE INSTALLED IS HEREINAFTER REFERRED TO AS “THE EQUIPMENT”.
1. GRANT OF LICENSE
Licensor hereby grants you a non-exclusive, non-transferable license to use the PhotoPearls software or, if applicable, firmware and related documentation (“Software”) on the Equipment on which it is installed of for which it is licensed. The license does not include any commercial usage by you.
1.1 You have no other rights to the Software and, in particular, may not (i) distribute, modify, create derivatives of, decompile, disassemble, or reverse engineer (other than as permitted by law) this Software; (ii) export or re-export the Software in any form without all relevant government licenses, required by law, and then only upon the export of the Equipment; or (iii) allow others to engage in the same. Title to the Software and all copyrights and other intellectual property rights in it shall at all times reside solely with Munkplast AB. You may be held directly responsible by Distributor and/or Munkplast AB for an infringement of such copyrights and other proprietary rights.
1.2 Licensor may terminate your license for any Software (i) immediately if you no longer use or possess the Equipment or are a lessor of the Equipment and your first lessee no longer uses or possess it or (ii) in case of material breach of these terms and conditions.
1.3 Licensor warrants that the Software will perform in material conformity with its published specifications for a 90-day period from the date it is delivered. Neither Licensor nor Munkplast AB warrants that the Software will be free from errors, that its operation will be uninterrupted, or that it will meet your needs.
1.4 In the event that the Software does not conform to the limited warranty contained in Section 1.C above, you must notify Munkplast AB within ninety (90) days of the date of delivery. Your sole and exclusive remedy, and Licensor’ or its supplier’s sole obligation, shall be to use all reasonable efforts to provide a workaround which avoids the nonconformity or to provide you with Software which does substantially conform to the Licensor User Manual or other Licensor supplied documentation. In the event Licensor or its supplier is unable to provide a workaround or substantially conforming software, you will be entitled to a refund of the license fee you paid, and such refund shall be your sole and exclusive remedy.
1.5 LICENSOR GRANTS NO OTHER WARRANTIES ON THE “SOFTWARE”, EXPRESS OR IMPLIED, WHETHER CREATED BY STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR FURTHER DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS MADE BY PERSONS OTHER THAN LICENSOR (INCLUDING BUT NOT LIMITED TO LICENSOR SOFTWARE DEALERS, AGENTS, CONCESSIONAIRES OR DISTRIBUTORS).
1.6 The express warranties set forth above shall be void if Customer fails to properly use the Software in the appropriate environment as specified in the Licensor supplied documentation or if the Software is modified or altered in any fashion.
1.7 You may, subject to Section 1. A above, make one copy of the Software in whole or in part only for back-up purposes. Such permitted copy shall include in readable format any copyright and other proprietary notices contained on the original Software.
2. LIMITATION OF LIABILITY
IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (INCLUDING WITHOUT LIMITATION, LOSS OF DATA) IN ANY WAY ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE “SOFTWARE”, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’ DIRECT DAMAGES TO CUSTOMER EXCEED THE TOTAL LICENSE FEE ACTUALLY PAID BY CUSTOMER FOR SUCH SOFTWARE.
3. GOVERNING LAW
3.1 This agreement will be governed by the laws of Sweden, excluding its conflict of laws provisions.
3.2 All disputes concerning this Agreement or the fulfillment thereof shall be solved by Uppsala Tingsrätt, Sweden as the court of first instance.
4. SOFTWARE COMPONENTS
This software uses OmniVidea FOBS / FFmpeg (http://fobs.sf.net, http://ffmpeg.sf.net) as libraries licensed under LGPL. Munkplast AB does not claim the ownership of these libraries.
5. ENTIRE AGREEMENT
This Software License Agreement is the entire agreement between Licensor and Customer pertaining to the licensing of the Software and supersedes all proposals or prior and contemporaneous agreements or understandings of the parties regarding the Software. Customer agrees that any software license terms and conditions which pertain to this Software and are contained in any Customer purchase order or other ordering document submitted to order the Software shall have no binding effect on Licensor and will not modify this Agreement in any way.
If, after reading the terms and conditions, they are unacceptable to you, then, to avoid contractual obligations and liability, you should promptly return the Software unused, and you will then be entitled to a refund of any sums paid by you to license the Software.