Software End-User License Agreement
This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity), the end user ("Licensee"), and Eriksson Software, Inc., a Florida Corporation (“Eriksson”). By installing, copying or otherwise using this software (“Software”) you agree to be bound by the terms and conditions of this this Agreement as described below. If you do not agree to these terms and conditions, Eriksson is unwilling to license the Software to you, in which case you must uninstall or delete any installations and destroy any copies of the Software you might have in your possession including any associated documents and media.
Terms and Conditions of License
GRANT OF LICENSE. For as long as Licensee complies with the terms of this EULA, including payment of all monies due, Eriksson grants to Licensee a non-exclusive, non-transferable, non-assignable license to use the Software and associated references and documents (collectively, the “License”).
SCOPE OF SINGLE USER LICENSE. The Software may only be installed on one (1) single-user, single physical computer and may be used by only one (1) physical user at a time. Using or running the Software from a network or via a virtual machine is not permitted under a Single User license. This License is for the exclusive use of the Licensee only. It may not be used by or shared with any third party without the express written consent of Eriksson.
SCOPE OF FLOATING LICENSE. You may install and access the Software on any number of computers, provided (a) however the number of concurrent users at any time shall not exceed the number of licenses purchased by You and (b) you install and use the Software only on server and computers in the country for which the Software has been licensed. It may not be used by or shared with any third party without the express written consent of Eriksson.
VIRTUALIZATION TECHNOLOGY: The Software may be installed within a virtual (or otherwise emulated) hardware system so long as the use of the Software meets the terms of the license type. Floating Seat Licenses are the only license types that permit virtual system uses. Virtualization technology may not be used to circumvent other licensing terms and restrictions.
PROHIBITED USES. The Software may not be used in any manner to assist in the development of any software that is intended to perform the same or similar functions as the Software. Licensee shall not reverse engineer, modify, or decompile the Software. Licensee may not rent, share, timeshare or otherwise permit any third party to use the Software without the express written consent of Eriksson.
SOFTWARE UPDATES. Updates to the Software will be made available from time to time, with or without notice, at the sole discretion of Eriksson. Notice and details of updates will generally be posted on www.ErikssonSoftware.com or may be obtained by contacting Eriksson.
INTELLECTUAL PROPERTY RIGHTS. The Software is hereby acknowledged to be the sole intellectual property of Eriksson. Eriksson reserves all rights and privileges thereunto, except as specifically provided for within these terms and conditions.
CONFIDENTIALITY. This Software contains confidential and trade secret information (collectively, “Information”). Licensee agrees to treat the Information as confidential and not directly or indirectly divulge, use, transmit, or convey such Information in any manner whatsoever to any third party during the period of this License or anytime thereafter.
TERMINATION. If any of the terms and conditions of this Agreement are breached, Eriksson may terminate this Agreement and License.
SURVIVAL. Upon termination of this Agreement, the elements of confidentiality and Licensee’s obligations shall endure.
WARRANTY. No warranty, express or implied, is provided with this Software. Licensee understands that while a reasonable effort has been made by Eriksson during the development and testing of the Software, the full burden of ensuring the accuracy and appropriateness of the results of the Software rests on the Licensee. Licensee represents and agrees that only an engineer competent to manually perform the calculations performed by the Software may use the Software.
LIMITED LIABILITY. The Software shall be used at the Licensee’s own risk. In no event will Eriksson be liable for any loss or damage of any type, including, without limitation, direct, indirect, special or consequential damages arising out of the use of or inability to use the Software, or for acting or failing to act under the terms of this Agreement. In no event shall Licensee be entitled to any monetary damages against Eriksson in excess of the fees paid by Licensee to Eriksson.
ATTORNEYS’ FEES AND COSTS. If any legal action or proceeding is brought by Eriksson to enforce any of the terms and conditions of this Agreement, Eriksson shall be entitled to recover from Licensee all costs incurred in connection with such action or proceeding and any post judgement proceeding, including reasonable attorneys’ fees, expenses, and court costs.
ASSIGNMENT. No rights or privileges granted under this Agreement shall be assigned to any third party without the express written consent of the Eriksson.
SUCCESSORS. All obligations created under this Agreement shall survive to the successors or assigns of each party of this Agreement.
SEVERABILITY. If any provisions of this Agreement are determined to be over-broad or unenforceable under law, then those portions shall be revised, if possible, to a suitably narrow scope or otherwise struck from this Agreement and the remaining provisions shall be interpreted as if the offending portions had never been contained herein.
TAXES AND TARIFFS. Licensee shall be responsible for the payment of all taxes and tariffs associated with this Agreement.
ENTIRETY. This Agreement constitutes the entire Agreement between the parties relating to the License hereunder and supersedes all previous Agreements, whether written or oral.
GOVERNING LAW. The laws of the State of Florida shall govern this Agreement.
VENUE. The legal venue for settling all disputes arising out of or in connection with this Agreement shall be the City of Tampa, Florida, the county of Hillsborough, Florida, or the State of Florida, as appropriate.
CONTACT INFORMATION. Direct all inquiries to: via U.S. Mail at Eriksson Software, Inc.; P.O. Box 47748 Tampa, FL 33646 USA or via email at support@ErikssonSoftware.com or via telephone at +1 (813) 989-3317 between 8:00 AM and 5:00 PM (Eastern Time).
End of Terms and Condition.
Updated February 10, 2017