By downloading, installing and/or using the computer
software (hereafter the “Software”) you accept and
agree to the terms of this license agreement (hereafter the “Licence”).
This License constitutes the entire agreement concerning the Software
between you and Anders Petersson Software Development (hereafter
“APSD”). If you do not agree with these terms and
conditions, promptly abort the installation/uninstall the Software.
The term "Software" includes, and these
terms and conditions also apply to, any updates, modifications
and upgrades to the Software that you may receive from APSD.
Article 1 – Licence grant
1. This License permits you to use one copy of
the Software solely for your internal operations on a single computer
for the duration of 30 days from installation (hereafter the “Trial
Period”).
2. You agree that you will not sublicense, assign,
transfer, distribute, pledge, lease, rent or share your rights
under this License except with prior written permission from APSD.
3. You agree that you will not modify, adapt,
disassemble, decompile, reverse engineer or otherwise attempt
to discover the source code of the Software. This explicitly prohibits
you to take measures to continue running the Software after the
expiration of the Trial Period.
Article 2 – APSD’s rights
1. You acknowledge that the Software and Documentation
are proprietary products of APSD protected under international
copyright law and disclosed to you by APSD in confidence.
2. You shall take all reasonable steps to safeguard
the Software and Documentation. APSD owns and retains all copyright,
trademarks, trade secret and other proprietary rights in and to
the Software and Documentation. This License conveys to you only
a non-exclusive and limited right of use, revocable in accordance
with the terms and conditions of this License.
Article 3 – Support and upgrades
1. Support and upgrades are currently provided
through email only. Further upgrades and extended support services,
if available, may be purchased under separate agreement with APSD.
Article 4 – Limited Warranty
1. APSD warrants that the Software will continue
to function after the Trial Period as it did during the Trial
Period. The Trial Period is intended for thorough evaluation so
as to enable you to, without cost, fully investigate the Software.
Continued use after the Trial Period has ended is regarded as
implicit acceptance of the Software as is. No refunds are available.
Article 5 – Exception to warranty
1. APSD disclaims any and all other warranties,
express or implied, including any implied warranties of merchantability
or fitness for particular purpose. APSD does not warrant that
the Software, its use, operation or your ability to use the Software
will be uninterrupted or error-free or that all Software errors
will be corrected. The warranty set forth above shall not apply
to any defect or problems caused by any defect in any hardware
or software used in combination with the Software, or use of the
Software in execution environments not specified in the Documentation.
APSD does not warrant that the Software or service will meet your
requirements or that the operation of the Software will be uninterrupted
or error free.
2. APSD’s limited warranty is void if a
breach of the warranty has resulted from (i) accident, corruption
or misuse of the Software; or (ii) acts or omissions by someone
other than APSD.
Article 6 – Exclusive Remedies
1. You agree that if, during the Warranty Period,
a defect in the Software media appears, your exclusive remedy
will be, in APSD's sole option, to replace the media or to offer
support.
Article 7 - Limitations of Liability
1. In no event and under no legal theory shall
APSD be liable for any damages to you or any other party, whether
arising out of contract or from tort, including loss of data,
profits or business, goodwill or other special, incidental, exemplary
or consequential damages, even if APSD has been advised of the
possibility of such loss or damages. APSD’s cumulative liability
shall not exceed the license fee paid, if any, for use of this
Software and Documentation. This section shall survive termination
of this License.
2. The foregoing provisions shall be enforceable
to the maximum extent permitted by applicable law.
Article 8 - Duration
1. This agreement is in effect until terminated.
You may terminate the agreement at any time by destroying all
copies of the Software and Documentation and erasing any copies
on storage media.
2. The agreement also terminates if you fail to
comply with any terms and conditions of this agreement. In such
event, you agree to destroy and erase all copies of the Software
and Documentation, and APSD will be entitled to all remedies in
accordance with applicable law.
Article 9 – Applicable Law
1. This entire agreement is governed by the laws
of Sweden, without reference to conflicts of law principles. The
application of the United Nations Convention of Contracts for
the International Sale of Goods is expressly excluded.
2. If any provisions of this Agreement are held
invalid, the remainder of this Agreement shall continue in full
force and effect.
Article 10 – Forum Clause
1. You expressly agree to the exclusive jurisdiction
of the court of Lund, Sweden, for any claim or dispute that may
arise under this agreement or from the Software whatsoever.
Contact Information
1. Use of the Software other than for your
internal operations on a single computer requires that you have
entered into a separate license agreement with APSD. Please e-mail
support@anderssoftware.com for further information.