Any software product made available to you by FOSS (the “Software Product(s)") and accompanying documentation is protected by copyright as well as other forms of intellectual property rights and licensed and not sold by FOSS Analytical A/S, a Danish limited liability company with its registered office at Foss Alle 1, 3400 Hillerod, Denmark ("FOSS") as licensor to you ("you" or "your") as licensee to download, install, use, copy and/or change subject to these intellectual property rights and to all the terms of this End User License Agreement ("Agreement").
Acceptance
YOU ACKNOWLEDGE AND ACCEPT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BY A) SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT, B) BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT, OR C) ACCEPTING FOSS INSTALLING THE SOFTWARE FOR YOU TO USE. YOU MUST AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE YOU ARE ALLOWED TO DOWNLOAD, USE AND/OR COPY THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, AND/OR COPY THE SOFTWARE PRODUCT.
License Grant and Restrictions on Use
You are granted a license to install and use one (1) copy of the Software Product(s) (unless expressly stated otherwise in separate valid license agreement with FOSS). In addition, you may make one
(1) archival copy of the Software Product(s) and it may only be used for the reinstallation of the Software Product(s). Multiple use or installation is only allowed if you obtain an appropriate license agreement for each user and each copy of the Software Product(s).
You may not decompile, "reverse-engineer", disassemble or otherwise attempt to derive the source code for the Software Product(s).
You may not use the database portion of the Software Product(s) in connection with any software other than the Software Product(s).
Restrictions on Transfer
Without first obtaining the express written consent from FOSS you may not a) assign your rights and obligations under this Agreement or b) redistribute, encumber, sell, rent, lease, sublicense and/or otherwise transfer your rights to the Software Product(s).
Restrictions on Alteration
You may not modify the Software Product(s) or create any derivative work of the Software Product(s) or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product(s). You may not reproduce the database portion or create any tables or reports relating to the database portion unless specifically agreed in writing with FOSS.
Restrictions on Copying
You may not copy any part of the Software Product(s) except as to the extent that the licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY FOSS, FOSS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
FOSS makes no warranty that the Software Product(s) will meet your requirements or operate under your specific conditions of use. FOSS makes no warranty that operation of the Software Product(s) will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUI- REMENTS. FOSS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR
LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL FOSS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF FOSS OR ANY OTHER PARTY, EVEN IF FOSS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE LAW LIMITS FOSS'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product(s). Selection of whether to correct or replace shall be solely at the discretion of FOSS. FOSS reserves the right to substitute a functionally equivalent copy of the Software Product(s) as a replacement. If FOSS is unable to provide a replacement or substitute Software Product(s) or corrections to the Software Product(s), your sole alternate remedy shall be a refund of the purchase price for the Software Product(s) exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation and/or damage determined by FOSS to have been caused by you. All limited warranties on the Software Product(s) are granted only to you and are non-transferable. You agree to indemnify and hold FOSS harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Trademarks and proprietary notices
FOSS and other signs referred to in the Software Product(s) are trademarks or registered trademarks of FOSS or others. You may not remove or alter any trademark or other sign, including trade names and product names, and copyright or other proprietary notices, legends or labels in the Software Product(s). This Agreement does not authorize you to use any trademark or other sign of FOSS or others referred to in the Software Product(s).
Changes and Updates
FOSS is entitled to update the Software Product(s), as it deems needed and appropriate. FOSS is not obliged to make any updated version of the Software Product(s) available to you if you have not registered with FOSS, or if you have not paid the update fee (if any). Any update of the Software Product(s) that is made available to you will be subject to the terms of this Agreement.
Third Party Software
The Software Product(s) may contain components licensed to FOSS by a third party. Use of the Software Product(s) as recommended by FOSS complies with such relevant licenses.
In addition the above, the Software Product(s) may contain components made available to the public as open source by a third party (“Open Source Software”). Open Source Software used in the Software Product(s) is listed under the link below, referring to the terms that apply to the use of the specific component https://www.fossanalytics.com/en/landingpages/global/thirdpartylicenses.