End user agreement for Magellan Explorer
Enriva Development DA
SOFTWARE LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION PROCESS OF THIS SOFTWARE PACKAGE ("SOFTWARE"). BY CLICKING ON THE "YES" OR "ACCEPT" BUTTON YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK THE "NO" OR "DECLINE" BUTTON TO TERMINATE THE INSTALLATION PROCESS OR PROMPTLY RETURN THE UNOPENED PACKAGE AND THE REST OF THE PRODUCT TO YOUR SUPPLIER FOR A FULL REFUND IF YOU BOUGHT A LICENSE.
1. License. If you have purchased a license to the Software, Enriva Development DA ("Enriva") grants you a non-exclusive right and license to use the Software and the related documentation (the "Documentation") as set forth in this Agreement. You may use the Software on a single computer. You may also use the Software on a second (portable or home) computer so long as only one copy is used at a time. You may make a single copy of the Software for backup and archival purposes only provided that any copy must contain all proprietary notices included in the original. You may use the Documentation to assist in your use of the Software. You may review the Documentation, but you may not make further copies of the Documentation. You own the media on which the Software is recorded, but not the Software itself or any copy of it. This license is not a sale of the original or any copy of the Software.
If you have obtained an evaluation copy of the Software, and have not purchased a license to the Software, Enriva grants you a 30-day non-exclusive license to use the Software, where a day is only counted if the Software is run ("used"), free of charge for the purpose of evaluating whether you wish to purchase an ongoing license for the Software.
WARNING: Evaluation copies of the Software will become non-functional after thirty (30) days, where a day is only counted if the Software is run ("used"), following initial installation on your computer. Enriva disclaims all liability and responsibility for any loss of data or other information which may occur as a result thereof.
You may distribute the evaluation version archive and make as many copies as you like provided that it is the official evaluation version archive. You are required to verify this.
You are specifically prohibited from charging, or requesting donations, for any such copies, however made and from distributing the software and/or documentation with other products (commercial or otherwise) without prior written permission.
2. Copying, Transferring or Modifying Software. The Software contains copyrighted material, trade secrets and other proprietary intellectual property. You may not permit concurrent use of the Software unless each user has an applicable license. You may not permit other individuals to use the Software except under the terms listed above. You may not decompile, disassemble, reverse-engineer or otherwise display the Software in human-readable form. You may not modify, translate, rent, lease, distribute or lend the Software, and you may not sell to others the right to use the Software on your computer. You may not remove any proprietary notices or labels on the Software. You may not copy, transfer, transmit, sublicense or assign this license or the Software except as expressly permitted in this Agreement. You agree that the terms of this paragraph apply to the Software or any portion thereof, owned by Enriva.
3. License to Use Content. All artwork, graphics, icons,media and other files contained in the Software, including without limitation are copyrighted material owned by Enriva or its licensors.
4. Term. If you have purchased a license to the Software, this Agreement and license are effective from the time you accept the terms of this Agreement until this Agreement is terminated. You may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately and without further notice if you fail to comply with any provision of this Agreement. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of this Agreement, will survive termination of this Agreement for any reason. Upon termination, you agree to destroy all copies of the Software.
If you have obtained an evaluation copy of the Software, and have not purchased a license to the Software, this Agreement and license are effective for a period of 30 days, where a day is only counted if the Software is run ("used"), from the date of installation of the Software.
5. Limited Warranty. If you have obtained an evaluation copy of the Software, and have not purchased a license to the Software, Enriva makes no warranties of any kind with respect to the media (if any) on which the Software is furnished, and such media is provided "as is" and without warranties of any kind.
6. Warranty Disclaimers. THE SOFTWARE, THE DOCUMENTATION AND (EXCEPT AS PROVIDED IN SECTION 5) THE MEDIA UPON WHICH THE SOFTWARE IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The entire risk as to the quality and performance of the Software and the Documentation is with you. Should the Software or the Documentation prove defective, you (and not Enriva or its distributors, licensors or dealers) assume the entire cost of all necessary servicing or repair.
Enriva does not warrant that the functions contained in the Software will meet your requirements or operate in the combination that you may select for use, that the operation of the Software will be uninterrupted or error free, or that defects in the Software will be corrected. No oral or written statement by Enriva or by a representative of Enriva shall create a warranty or increase the scope of this warranty.
ENRIVA DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNATED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.
Any warranties that by law survive the foregoing disclaimers shall terminate ninety
(90) days from the date you received the Software as shown by your receipt.
7. Limitation of Liability. YOUR SOLE REMEDIES AND ENRIVA'S ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL ENRIVA OR ITS DISTRIBUTORS OR DEALERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree that Enriva and its distributors and dealers will not be liable for defense or indemnity with respect to any claim against you by any third party arising from your possession or use of the Software or the Documentation.
In no event will Enriva's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount you paid for this product.
8. High Risk Activities. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage. Enriva and its suppliers specifically disclaim any express or implied warranty of fitness for any high risk uses listed above.
9. Governing Law and Interpretation. This Agreement shall be interpreted under and governed by the laws of the Norway, without regard to its rules governing the conflict of laws. If any provision of this Agreement is held illegal or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this Agreement shall remain in effect and the invalid provision deemed modified to the least degree necessary to remedy such invalidity.
10. Entire Agreement. This Agreement is the complete agreement between Enriva and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.
If you have any questions concerning this Agreement, you may write to Enriva Development, P.O.Box 757, N-9258 Tromsø, Norway.