EasyCal Software End User License Agreement
Time Electronics Ltd – EasyCal Software
End User License Agreement (EULA)
1. Definition of Terms
- "EULA” means "End User License Agreement”
- "Software” means the software license to "you” under this "EULA” including, but not limited to, any related components purchased or provided with the "software”, application program interface, associated media, printed materials, online or electronic documentation and any updates and maintenance releases
- "You” and "Your” means entity, individual, employee, third party contractors, company, corporation, government employee or department that is agreeing to be bound by the EULA
- "Instances” means a single installation of the "software”
- "Dongle” means hardware required to activate for use of the "software”
Notice: By downloading, installing, copying or otherwise using the software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA you may not download, install, copy or use the software. This EULA is enforceable against any person or entity that downloads, installs, copies or uses the software on any person or entity behalf. You agree that this EULA is like any written negotiated agreement signed by you.
2. License Grant and License Restrictions
2.1 The software is license, not sold. Subject to the terms of the EULA, Time Electronics Ltd hereby grants "you” a world-wide, non-exclusive, non-transferrable license, without rights to sublicense, to download and install on one computer and use the "software” for the purpose as set forth in the application documentation for the "software” and to the extent permitted by "your” payment of any applicable license fees.
2.2 "You” are permitted to provide services to third parties using the "software” under terms of this EULA.
2.3 Time Electronics Ltd may, at its sole discretion, modify the "software” at any time without notice to "you”.
2.4 Any reference to the "software”, documented or implied must be collaborated using "Time Electronics Ltd” name and/or logo.
2.5 Time Electronics Ltd retains all rights not expressly granted to "you”.
3. License Restrictions – "you” shall not;
3.1 Copy the "software” other than for backup or archiving purposes.
3.2 Remove any titles, trademarks, service marks or trade names, copy right notices, watermarks, or other proprietary markings on the "software " or documentation relating to the "software”.
3.3 Sell, lease, license, sublicense, rent, assign, distribute or otherwise transfer in whole or part the "software”, "dongle” or "your” rights in the "software” to another party without the written consent of Time Electronics Ltd.
3.4 Modify or create derivative works based upon the "software” or the documentation supplied with the "software”.
3.5 Decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the "software”, in whole or in part.
3.6 Bundle or distribute the "software” without prior written consent from Time Electronics Ltd.
3.7 "You” must not make any statements, warranties or representations concerning the "software” that exceeds or are inconsistent with documentation provided by Time Electronics Ltd.
3.8 "Your” license to the "software” is limited to one installation and use of the "dongle”.
3.9 Commercial use of the "software” is the sole responsibility of "you”, Time Electronics bears no liability for measurements obtained, or certificates produced which are inconsistent with the documentation provided.
4. Confidentiality and Intellectual Property Rights
4.1 The "software” and any copies thereof are the exclusive property of Time Electronics Ltd and protected by copyright law and international treaties as well as other intellectual law and treaties. The structure, organisation and code of the "software” are confidential information and valuable trade secrets of Time Electronics Ltd. "You” agree that any disclosure by "you” of Time Electronics Ltd confidential information will cause immediate, irreparable harm to Time Electronics Ltd for which equitable remedies as well as any other available legal remedies, may be awarded by a court of competent jurisdiction. Except as expressly stated herein, Time Electronics Ltd does not grant "you” any intellectual rights in or to the "software”. All rights not expressly granted herein are reserved by Time Electronics Ltd.
4.2 "You” hereby agree to maintain the confidentiality of the "software” and other intellectual property of Time Electronics Ltd using at least or as great a degree of care as "you” use to maintain the confidentiality of "your” own confidential information and in no case less than reasonable prudent care.
4.3 "You” agree to reasonably communicate the terms and conditions of the "EULA” to those employees employed by "you”.
5. Limited Warranty and Limitation of Liability
5.1 Limited warranty. Time Electronics Ltd warrants that the "software” complies with and conforms to the applicable end user documentation supplied with the "software” for a period of 90 days from the date of receipt.
5.2 Limitation of Liability. To the maximum extent permitted by applicable law, in no event will Time Electronics Ltd be liable for any loss of profits, business, opportunities or data, directly or indirectly construed to the "software”.
6. Export Restrictions
6.1 "You” acknowledge that the "software” may be subject to export restriction governed by your local or national authorities. "You” agree to comply with all applicable international and national laws that apply to "software”, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by the U.S. and other governments.
Time Electronics Ltd, Unit 11 Sovereign Way, Botany Industrial Estate, Tonbridge, Kent, TN9 1RH. UK.