END-USER LICENSE AGREEMENT
Please read carefully. This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Author of this Software Product (“TransLogger file organization software”) and of this Hardware Product (“TransLogger universal autoclave cycle logger”).
This includes computer software and may include associated media, printed materials, and “online” or electronic documentation. The Software Product also includes any updates and supplements to original software provided to you.
By installing, copying, or otherwise using the Software Product and/or Hardware Product, you agree to be bound by the terms of this EULA.
If you do not agree to any of the terms of this EULA, you are not permitted to use the Software Product and/or Hardware Product in any way, copies of the Software Product will not be installed and any and all existing copies of it must be deleted from your system(s). The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Commercial Use: Works based on the Software Product and/or Hardware Product for general purpose and commercial distribution, or, use of the Software Product and/or Hardware Product (either in whole or in part) whether payment, profit or financial gain is sought directly or indirectly, regardless of whether payment or gain is actually realized.
1. GRANT OF LICENSE. SteriSimple grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA:
a. General Software License Grant. You are granted a right to install the Software Product and/or Hardware Product and use it in order to process your own software with the Software Product. SteriSimple grants the use of the Software Product according to one of the license types below as identified in the product title. Licenses purchased for development do not extend to third parties even if the software was developed for that third party. All entities must have a separate license.
b. Single User License. SteriSimple grants to you one (1) personal, nontransferable, nonexclusive, royalty-free license to use the Software Product and install such Software on one or more machines for your single concurrent internal use at one location/address only. Use of the Software Product by other individuals is not permitted.
c. Redistribution. You shall not attempt to transfer the Software Product and/or Hardware Product to any other location. SteriSimple is not obligated to provide support for works legally or illegally derived from the Software Product.
d. Disassembly. You may not modify the Software Product and/or Hardware Product in any manner. You shall not, nor allow others to copy, in whole or in part, emulate, sub-licence, sell, transfer, exploit, alter, modify or adapt the Software Product and/or Hardware Product or any associated hardware, nor may you decompile, dissemble or reverse engineer the same nor attempt to do such thing. Doing so will result in prosecution to the full extent of the law. You will take reasonable measures to ensure that these actions do not occur.
e. Reservation of Rights. SteriSimple reserves all rights not expressly granted herein.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a. Rental. You may not lease or rent the Software Product and/or Hardware Product.
b. Proprietary notices. You may not remove any proprietary notices or labels on the Software Product and/or Hardware Product.
c. Consideration. For the rights and license granted in this EULA you will pay SteriSimple the currently published retail price available at SteriSimple.ca or another mutually agreed upon amount to appear on a valid invoice.
d. Termination. Without prejudice to any other rights, SteriSimple may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software Product and return the Hardware Product and all of its component parts or face prosecution to the full extent of the law.
e. Term. The term of this EULA shall continue perpetually from the date of purchase unless terminated according to the provisions in section 2(d).
f. Derived Works. You agree that you will not use or allow use of the Software Product and/or Hardware Product to develop derived works that offer similar functionality as the Software Product and/or Hardware Product, expose the features of the Software Product and/or Hardware Product for use by an unlicensed third party. You agree not to create software that might directly compete with SteriSimple products for eternity from the time of the purchase.
3. SOFTWARE MAINTENANCE AND UPDATES.
a. SteriSimple may periodically release updates to existing versions, and also complete new versions, of the Software Product.
b. SteriSimple is not obligated to, but may at its own option, provide free support. Fees for support will be assessed at the discretion of SteriSimple.
c. If this copy of the Software Product is an upgrade from an earlier version of the Software Product, it is provided to you on a license update basis. You agree by your installation and use of such copy of the Software Product to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software Product or transfer it to another person or entity unless such transfer is otherwise valid according to the terms of this EULA.
4. EXPORT RESTRICTIONS. You acknowledge that the Software Product and/or Hardware Product is/are subject to U.S. and Canadian export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software Product and/or Hardware Product, including the U.S. Export Administration Regulations, as well as end-user, endues and destination restrictions issued by U.S., Canadian and other governments.
5. COPYRIGHT. All title and copyrights in and to the Software Product and/or Hardware Product (including but not limited to any images, photographs, text, and “applets” incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by SteriSimple. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material.
6. LIMITATION OF LIABILITY.
a. No warranties. SteriSimple expressly disclaims any warranty for the Software Product and/or Hardware Product. The Software Product and/or Hardware 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 and/or Hardware Product remains with you.
b. No liability for damages. To the maximum extent permitted by applicable law, in no event is SteriSimple liable for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use this product (including but not limited to loss of data, or data being rendered inaccurate, or losses sustained by you or third parties, or a failure of the program to operate with any other programs), even if SteriSimple has been advised of the possibility of such damages.
7. MARKETING. You agree to be identified as a customer of SteriSimple and that SteriSimple may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in SteriSimple’s marketing materials, on SteriSimple’s web site, in public or legal documents. You hereby grant SteriSimple a license to use your name and any of your trade names and trademarks solely pursuant to this marketing section. This will, of course, be discussed with you before any such publication.
8. DISCLAIMER. THIS SOFTWARE AND HARDWARE IS PROVIDED “AS IS”, WITHOUT A WARRANTY OF ANY KIND. THE AUTHOR OF THIS SOFTWARE (“SteriSimple”) DOES NOT TAKE ANY RESPONSIBILITY FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE OR HARDWARE. IN NO EVENT WILL SteriSimple BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR MECHANICAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE OR HARDWARE, EVEN IF SteriSimple HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AUTHOR DOES NOT WARRANT THAT TransLogger IS FREE FROM BUGS, ERRORS, OR OTHER PROGRAM LIMITATIONS. LIMITATION OF LIABILITY AND DAM-AGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CON-TRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE AUTHOR WILL NOT BE SUBJECT TO LIABILITY FOR ANY BUGS OR DAMAGES CAUSED BY CERTAIN FEATURES.
9. LANGUAGE OF AGREEMENT. You agree that this EULA be drafted in the English language.