End User License Agreement (EULA) |
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EngiLab Units End User License Agreement (EULA)
IMPORTANT: Read the following terms carefully before installing, using and copying EngiLab Units (the "Software Product"). By installing, using and copying the Software Product you agree to accept all of the following terms. If you do not agree with the terms of this EULA, you must not use the Software Product.
This End-User License Agreement ("EULA"), effective as of the date you accept the terms hereof, is a legal agreement entered into between EngiLab Co. ("EngiLab") and you (either an individual or a single entity), the end user of the Software Product identified above, which includes computer software and may include associated media, printed materials, and online or electronic documentation. The parties agree as follows:
In accordance with the terms herein, EngiLab grants to you, and you accept from EngiLab, a non-exclusive, non-transferable and non-assignable, limited license to use the current version of EngiLab's Software Product. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold. All rights not expressly granted are reserved by EngiLab.
Software Product means the EngiLab software accompanying this EULA, which includes executable modules and electronic documentation and may include associated media, printed materials and information available at the product web site protected by copyright laws. The Software Product also includes any updates and supplements to the original Software Product provided by EngiLab. Any software provided along with the Software Product that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement.
EngiLab grants you a limited, non-exclusive, non-transferable, non-renewable license to install, use, access, display, run, or otherwise interact with the Software Product. This Software Product is provided to you free of charge for your own personal, academic, educational or any commercial purposes.
The EULA permits use of the Software Product during unlimited period free of charge. The Software Product may be used as many times as you like, for as long as you like. You may copy the Software Product only for your own use or for your own backup purposes, provided that you keep this copyright notice and disclaimer of warranty intact. You may not copy or distribute copies of the Software Product to any third party for any use. You must not charge money or fees for the Software Product to anyone.
The title and all copyrights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Product), the accompanying printed materials, and all copies of the Software Product are owned at all the time by EngiLab. All title and intellectual property rights in and to the content which may be accessed through use of the Software Product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. Software Product documentation is provided in electronic form. You may print copies of such electronic documentation.
EngiLab has made every effort to make the use of the Software Product as reliable and safe as possible. To the best of our knowledge this software is accurate and complies with the standards of good engineering practice. However, no responsibility whatsoever is accepted to any person or company whatsoever, nor is any duty or obligation owed to them as regards the accurate and safe use of this software or part thereof. EngiLab expressly disclaims any warranty that the Software Product will meet your requirements or operate under your specific conditions of use. EngiLab makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. The Software Product and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Software Product remains with you.
YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. ENGILAB WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
Under no circumstances shall EngiLab, its directors, officers, employees or agents be liable to you or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) resulting from this EULA, or from the furnishing, performance, installation, use, or inability to use the Software Product, whether due to a breach of contract, breach of warranty, or the negligence of EngiLab or any other party, even if EngiLab is advised beforehand of the possibility of such damages and known defects. To the extent that the applicable jurisdiction limits EngiLab's ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.
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