License Agreement
THIS IS A LICENSE AGREEMENT. BY INSTALLING, COPYING OR OTHERWISE USING THIS
PRODUCT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU SHOULD
THEREFORE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE
PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT.
This License Agreement ("Agreement") is a binding agreement between
you, the company or other legal entity you represent and InNetics AB.
Specific terms for your PathwayLab license will be given by the license
certificate that accompanies the license key that enables the PathwayLab
software.
1. Definitions
- InNetics:
- InNetics AB
- You/Licensee:
- The legal entity that acquires a right to use
the Software on the terms and conditions as set forth in this License
Agreement.
- Product:
- The product PathwayLab, which consists of
computer software and any associated media, printed materials and online or
electronic documentation. This term does also contain any updates of the
Product which are supplied to you by InNetics.
- Updates:
- All new releases, service packs and new
versions of the Product.
- License certificate:
- A certificate which is a part of this Agreement
which gives the specific conditions for your license.
- License Class:
- There are two license classes, Single-Machine
and Network. Your License Certificate states the License Class to which the
Product belongs.
- Single-Machine license:
- This license allows one user to run the Product
on a single machine.
- Network license:
- This license allows the Product to be installed
on a server and run on one or more computers in the same network as the server.
- Named Users:
- The maximum number of named individuals who are
authorized to use the Product regardless of whether the individuals are actively
using the Product at any given time. The number of Named Users is stated in the
License Certificate.
- License Period:
- The time period during which the license is
valid, which is stated in the License Certificate.
2. License Grant
Provided you comply with all terms and conditions of this Agreement and subject
to full and timely payment of license fees, InNetics grants you a
non-transferable, non-exclusive and time-limited license to use the Product
during the License Period. You may install the Product on several computers,
provided that the Product is only used by Named Users. The Product may only be
used for internal business purposes.
The receipt of a new version of the Product does not give you a new license. If
for example you have one license for version 1.0 and receive the updated
version 1.1, you could use either version 1.0 or 1.1. You are not allowed to
use both versions.
Your license to use the Product expires at the end of the License Period. Upon
expiration of the license you shall immediately cease to use the Product and,
in accordance with the instructions of InNetics, return, delete or destroy the
Product including any copies thereof. Upon request of InNetics, you shall
provide InNetics with an written instrument, duly signed by your authorized
representative, certifying that the Product has been returned, destroyed and/or
deleted as instructed.
3. Copies
The Product is protected by copyright laws and international treaties. You may
make one copy of the software for backup and for archival purposes. You may not
copy the written documentation enclosed with the software. On all authorized
copies you must reproduce all copyright notices.
4. Prohibited Use
You may not:
- a)
- decompile or reverse engineer the Product;
- b)
- modify the Product in any manner;
- c)
- transfer, sublicense, lend, lease or rent
the Software or any portion of the Product;
- d)
- copy or allow copying of the Product,
except as permitted for backup and archival purposes.
5. Ownership
The Product is owned and copyrighted by InNetics. This license does not confer
any title or ownership in the Product to you and it shall not be construed as
the sale of any right in the Product.
6. Support and Updates
During the License Period, InNetics will provide you with the following
services, which are included in the license fee for the Product:
- a)
- Access to support resources as stated in the License Certificate.
- b)
- Provision of all Updates of the Product made generally available by InNetics.
Installation of Updates are not included in the license fee. Use of Updates
shall be governed by this Agreement.
7. Limited Warranty
InNetics warrants that media on which the Product is furnished are free from
defects in materials and workmanship and that the Product will substantially
operate according to specifications published by InNetics under normal use for
a period of ninety (90) days from the date of receipt.
InNetics does not warrant that the functions of the Product will meet your
requirements or that the Product will be error-free. InNetics’ sole liability
and your exclusive remedy for any breach of the above warranties shall be, at
InNetics’ option, (a) to replace the defective media or Product, or (b) to
refund the license fee paid for the Product and cancel this Agreement. This
limited warranty is void if the defect has resulted from accident, abuse,
misapplication, or service or modification from someone other than InNetics.
INNETICS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO
THE MEDIA, SOFTWARE AND ALL RELATED DOCUMENTATION, INCLUDING, BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
IN NO EVENT SHALL INNETICS BE LIABLE TO YOU OR A THIRD PARTY FOR ANY INDIRECT,
SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, LOST DATA AND THE
LIKE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EVEN IF INNETICS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Export controls
The Product is subject to applicable export laws. You hereby agree to comply
with all such export laws.
9. Applicable law
This License Agreement shall be governed by and construed in accordance with
Swedish law.