Configura CET End User License Agreement (“CETRL”)
©2005 Configura Sverige AB, of Linköping, Sweden. All rights are expressly reserved by the copyright owner. The material in the website and the Configura CET Runtime Platform (“CETRT”), Configura CET Designer and Configura CET Extensions (referred to as “Software”) is protected under the copyright laws of the United States and other countries. Any unauthorized reproduction, modification, or distribution of such material is strictly prohibited and may subject the offender to civil liability and severe criminal penalties (Title 17, United States Code, Sections 501 and 506).
Configura CET End User License Agreement, referred to as (“CETRL”) or (“License Agreement”), for the Software. PLEASE READ ALL THE TERMS OF THIS LICENSE AGREEMENT CAREFULLY AND IN THEIR ENTIRETY BEFORE ACCEPTING THIS LICENSE AGREEMENT. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CONFIGURA SVERIGE AB FOR THE SOFTWARE BY CONFIGURA SVERIGE AB. BY ACCEPTING, DOWNLOADING, AND USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT OR CANNOT AGREE TO ALL THE TERMS OF THIS LICENSE AGREEMENT, PLEASE DO NOT ACCEPT, DOWNLOAD, OR USE THE SOFTWARE.
This License applies to the Software and related documentation owned by Configura Sverige AB, referred to as (“CSAB”), and which is made available subject to the terms of this License Agreement, referred to as (“Licensed Software”).
Subject to the terms and conditions of this License, CSAB hereby grants You, effective on the date You accept this License and download the Licensed Software, a non-exclusive, world-wide, non-transferable, non-assignable license to use CSAB's Licensed Software only and to do the following:
2.1 Single Site. You may use the Licensed Software and related documentation, regardless of the media on which it is distributed, provided that You also meet all of these conditions:
(a) You use the Licensed Software on a single computer only. The single computer excludes server computers and local area network computers; and
(b) You may make one copy of the Licensed Software in machine-readable form for backup purposes only.
2.2 Automatic Updates. CSAB may update the Licensed Software at any time and, when this occurs, CSAB shall automatically provide the updates to You. To receive the updates to the Licensed Software, You agree to regularly make the computer You use in Section 2.1(a) available over the world wide network or internet to receive the automatic updates from CSAB.
2.3 Privacy Policy. You agree and accept all of the terms and conditions as contained in the Configura Sverige AB Privacy Policy statement on the Configura CET Extension Center, web address: www.cet-extensions.net.
2.4 Restrictions. The Licensed Software is confidential and copyrighted. No right, title or interest in or to the Licensed Software or any trademark, service mark, logo or trade name of CSAB is granted under this agreement. The Licensed Software contains confidential and copyrighted material, trade secrets and other proprietary material. The Licensed Software is also protected by International copyright treaties and laws as well as other intellectual property laws. In order to protect these rights, except as permitted herein or by applicable legislation, You are expressly prohibited from the following:
(a) decompile, reverse engineer, disassemble, translate, or otherwise reduce the Licensed Software to another computer language or human-perceivable form;
(b) assign, sublicense, encumber, modify, network, rent, lend, loan, sell, lease, distribute, reproduce, or prepare or create derivative works based on the Licensed Software in whole or in part or transfer, attempt to transfer, publish, disclose, display, or otherwise make available the Licensed Software to others or copies thereof;
(c) electronically transmit the Licensed Software from one computer to another or over a network; or
(d) tamper with any proprietary notices or marks in the Licensed Software.
3. License Fee And Payment
You agree to pay CSAB a license fee for the Licensed Software pursuant to each subscription and based upon the current fee schedule, referred to as the (“License Fee”). The Licensed Software is not for resale.
CSAB, its subsidiary, affiliate, or other entity as designated by CSAB shall electronically invoice You for the License Fee. The electronic invoice shall be sent to You at the e-mail address You provide during registration of the Licensed Software. You agree to accept this electronic invoice as the billing statement for the License Fee and make payment within thirty (30) days from successful transfer of the electronic invoice to Your e-mail address. You agree that the e-mail address You provide shall at all times be owned and active by You. Should this change, You agree to immediately notify CSAB and provide a new e-mail address that may be used by CSAB.
You shall prepare and maintain a current list of all computers on which the Licensed Software is installed. You shall instruct any employees, agents, or any others acting in concert with You that making unauthorized copies of the Licensed Software or any portion thereof, or permitting use of the Licensed Software other than in accordance with Section 2 hereof, constitutes a violation of copyright law and of this Agreement. If any such employees, agents, or any others acting in concert with You subsequently makes an unauthorized copy of the Licensed Software or any portion thereof, or permits more than the permitted number of sites to use the Licensed Software or any portion thereof, You shall pay CSAB the full price for each unauthorized copy and the full cost of adding each additional site, based on CSAB’s then current fee schedule or rates for a similar number of sites.
4. Customer Service
(a) CSAB make customer service available to You by e-mail or telephone as set forth at the following web address: www.configura.com/cet/support; (b) If You require additional service for the use of the Licensed Software, CSAB shall make these services available under a separate contract.
5. Protection and Security
The Licensed Software contains copyrighted material, trade secrets and other proprietary material. In order to protect these rights, except as permitted by applicable legislation, You agree to use best efforts and to take all reasonable steps to safeguard the Licensed Software and related documentation to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution, in whole or in part, in any form shall be made. You acknowledge that the Licensed Software and the related documentation contain valuable, confidential information and trade secrets and that unauthorized use and/or copying are harmful to CSAB.
6. Duty to Back Up Data
IT IS YOUR RESPONSIBILITY TO MAINTAIN PERIODIC BACKUP COPIES OF ALL DATA AND PROGRAMS USED IN CONJUNCTION WITH THE LICENSED SOFTWARE TO PREVENT CATASTROPHIC LOSS.
7. Responsibility
YOU HAVE AND AGREE TO SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE LICENSED SOFTWARE AND WILL NOT MAKE A CLAIM AGAINST CSAB FOR LOST DATA, INACCURATE OUTPUT AND LOST PROFITS FROM USE OR MODIFICATION OF THE LICENSED SOFTWARE. YOU AGREE TO HOLD CSAB HARMLESS FROM ANY CLAIMS BASED ON USE OR MODIFICATION OF THE LICENSED SOFTWARE.
8. Export Control
By using the Licensed Software, You agree that you are complying with all applicable local and international laws, including but not limited to the export and import regulations of Your country and any other required countries.
9. Taxes
You shall, in addition to the other amounts payable under this License Agreement, pay all sales and other taxes, federal, state, local, or otherwise, however designated, which are levied or imposed by reason of the transactions contemplated by this License Agreement.
10. Disclaimer of Warranty on Software
YOU expressly acknowledge and agree that use of the Licensed Software is at YOUR sole and entire risk. YOU ASSUME ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE LICENSED SOFTWARE AND AGREE NOT TO USE THE LICENSED SOFTWARE IN ANY SITUATION WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY, OR BUSINESS COULD OCCUR FROM A SOFTWARE ERROR. The Licensed Software and related documentation are provided "AS IS" and without warranty of any kind and CSAB EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CSAB DOES NOT WARRANT INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED SOFTWARE WILL BE CORRECTED. The entire risk as to the results and performance of the Licensed Software is assumed by You. FURTHERMORE, CSAB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE LICENSED SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CSAB OR CSAB'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE LICENSED SOFTWARE PROVE DEFECTIVE, YOU (AND NOT CSAB OR CSAB'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CSAB, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE, MODIFICATION, PRODUCTION, DELIVERY, MISUSE OR INABILITY TO USE THE LICENSED SOFTWARE OR RELATED DOCUMENTATION, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF CSAB OR CSAB'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall CSAB's total liability to YOU for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the price paid by YOU for the Software. YOU AGREE TO BEAR ALL COSTS RESULTING FROM THE USE OF THE LICENSED SOFTWARE.
12. Trademarks
This License does not grant any rights to use any trademarks, service marks, logos or trade names belonging to CSAB (collectively "CSAB Marks").
13. Ownership
CSAB retains all rights, title and interest in and to the Licensed Software and related documentation and any copies or updates of the Licensed Software.
14. Termination
This License and the rights granted hereunder will terminate:
(a) automatically without notice from CSAB if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach; or
(b) immediately in the event of the circumstances described in Section 16.4(b).
15. Effect of Termination
Upon termination, You agree to immediately stop any further use of the Licensed Software and destroy all copies of it that are in your possession or control. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 10, 11, 12, 13, 15 and 16. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party.
16. Miscellaneous
16.1 U.S. Government End Users. The Licensed Software is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Licensed Software include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Licensed Software with only those rights set forth herein.
16.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or among You and CSAB, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.
16.3 Waiver; Construction. Failure by CSAB to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License.
16.4 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Section 2 or prevents the enforceability of this Section, this License will immediately terminate and You must immediately discontinue any use of the Licensed Software and destroy all copies of it that are in Your possession or control.
16.5 Dispute Resolution. All claims, disputes, controversies, differences or misunderstandings between the parties hereto arising under, out of, or in connection with this License which cannot be amicably settled and resolved by the parties hereto, shall be finally settled or determined by arbitration before a panel of arbitrators in Stockholm, Sweden, in accordance with the rules of the Arbitration Institute of the Stockholm Chamber of Commerce and any final award rendered in such arbitration shall be binding upon the parties and shall be enforceable in any court of competent jurisdiction. Arbitration proceedings shall be in the English language.
16.6 Entire Agreement. This License constitutes the entire agreement between CSAB and You and supersedes any and all prior or contemporaneous understandings or agreements, whether written or oral. Except as expressly set forth herein, the parties make no warranties, representations, covenants, or agreements, express or implied. This license agreement shall not be modified except by a written agreement executed by an authorized representative of CSAB and You.
16.7 Governing Law. This License shall be governed by the laws of Sweden.
16.8 General. CSAB reserves the right to revise the above provisions at any time.