This License Agreement (LICENSE) is an agreement between you and Room 328 AB (Room328) for the Room328 software product identified above, which includes computer software (LICENSED SOFTWARE) and implementation and reference manuals and other printed materials (collectively, LICENSED MATERIALS). By installing, copying, or otherwise using the LICENSED MATERIALS, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, please enter "I DO NOT AGREE" where prompted below and promptly return the unused LICENSED MATERIALS to the place from which you obtained them for full refund. If you agree to the terms of this LICENSE, please enter "I AGREE" where prompted during the registration and continue with the installation of the LICENSED SOFTWARE.
1.GRANT OF LICENSE
The LICENSED MATERIALS are licensed, not sold.
This LICENSE grants Customer the right to install and use the LICENSED SOFTWARE. The LICENSED SOFTWARE and the LICENSED MATERIALS must only be put to Customer's internal use.
2.OTHER RIGHTS AND LIMITATIONS
Customer may not copy, reverse engineer, decompile or disassemble the LICENSED SOFTWARE or make use of any portion of the LICENSED MATERIALS for resale or for purposes of producing any similar programs or materials.
LICENSED SOFTWARE is licensed as a single product. It's component parts may not be separated.
No rights are granted herein for any third party, directly or indirectly, to use, reproduce or have access to the LICENSED MATERIALS. Nothing herein shall be construed to grant Customer the right to sell, lease, sub-license, disclose, give or otherwise transfer the LICENSED MATERIALS (or any part thereof or rights therein) to any third party.
Without prejudice to any other rights, Room328 may terminate this LICENSE if Customer fail to comply with the terms and conditions of this LICENSE. In such event, Customer must destroy all of the LICENSED SOFTWARE and all of it's component parts.
All title to and copyrights in the LICENSED MATERIALS (including, without limitation, the LICENSED SOFTWARE) are owned by or licensed to Room328. The LICENSED SOFTWARE is protected by copyright laws and international treaty provisions. Accordingly, Customer must treat the LICENSED MATERIALS like any other copyright material. Customer may not copy the printed materials accompanying the LICENSED SOFTWARE. No right of access to the source code to the LICENSED SOFTWARE is granted hereunder.
Room328 warrants that the LICENSED SOFTWARE will perform substantially in accordance with its specifications for a period of one year from the date of installation (WARRANTY PERIOD).
Upon notice from Customer during the WARRANTY PERIOD of a non-conformity in the LICENSED SOFTWARE, Room328 shall use it's best efforts to promptly correct such non-conformity. In the event Room328 fails to correct, within 30 days after receipt by Room328 of notice thereof, a material non-conformity in the LICENSED SOFTWARE, of which it receives notice during the WARRANTY PERIOD and which significantly impairs the usefulness of the LICENSED MATERIALS to Customer, Customer may terminate this LICENSE by written notice to Room328 effective 15 days after receipt by Room328 provided that such non-conformity has not been corrected by Room328 prior to the expiration of such 15 day period.
Upon such termination, Customer shall be entitled, at Room328's option, to refund of, or credit for, the total amount paid for the LICENSED MATERIALS, less a processing charge equal to ten per cent of such amount.
The foregoing warranty shall not apply in the event that Customer has modified, enhanced or changed the LICENSED SOFTWARE, in any respect.
To the maximum extent permitted by applicable law, Room328 disclaims all other warranties, either express or implied, including but not limited to, implied warranties of the merchantability and fitness for a particular purpose, with regard to the LICENSED SOFTWARE.
To the maximum extent permitted by applicable law, in no event shall Room328 be liable for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss) arising out of the use of or inability to use the LICENSED SOFTWARE, even if Room328 has been advised of the possibility of such damages.
Room328 is not obliged to provide any maintenance or support services to the LICENSED SOFTWARE under the terms of this LICENSE.
Orders for, and terms and conditions therefore, LICENSED MATERIALS, shall be made on the Order Form attached hereto as Appendix 1, and are valid when confirmed.
This Agreement is valid from the date on which is was signed by both parties hereto until and including 31st December 2003, and will thereafter be automatically prolonged for one year each time if neither party gives the other party written notice of termination at least seven months prior to the expiration of the then current term.
This LICENSE is governed by the laws of Sweden.