SOFTWARE LICENSE AGREEMENT AND TERMS OF SERVICE
READ CAREFULLY: BY INSTALLING THE PRODLIB SOFTWARE PRODUCT ("SOFTWARE") OR BY USING PRODLIB'S SERVICES ("SERVICE"), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS END-USER AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE OR USE ANY PRODLIB SERVICES OR ANY CONTENT PROVIDED.
THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU ("LICENSEE") AND PRODLIB OY ("LICENSOR") AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
1. GRANT OF LICENSE
This Section describes Licensee's general license rights to install and use the Software and the Service. It also describes a set of additional license rights. The license rights described in this Section are subject to all other terms and conditions of this agreement.
1.1 The Licensor hereby grants to the Licensee, a non-exclusive and non-assignable license subject to the terms and condition hereafter set forth to use the Software and the Service.
1.2 The Licensee acknowledges that the Software and the Service and thereto related technical information and know how provided hereunder are valuable and proprietary to the Licensor.
1.3 The Licensee has no right to use the technical information or know how for any purpose other than purposes permitted under this Agreement.
1.4 The Licensee shall have no right to grant any sublicenses in respect of the rights granted under this Agreement without the prior written consent of the Licensor.
1.5 Reservation of Rights. All rights not expressly granted are reserved by Licensor.
2. TERMS OF USE OF THE SOFTWARE AND THE SERVICE AND RESTRICTIONS
2.1 Licensee may use the Software only on a computer owned, leased, or otherwise controlled by Licensee.
2.2 To obtain a valid license to use the Software or the Service, the Licensee shall register to Licensor by providing all necessary information required by the registration process.
2.3 Licensee shall not sell, rent or otherwise transfer the Software and its licenses or Service credentials or any other content provided by the Software to third party without prior written consent of the Licensor.
2.4 Except as and only to the extent expressly permitted in this License or by applicable law, Licensee may not decompile, reverse engineer, disassemble, modify or create derivative works of the Software or any part thereof.
3. TERMS OF USE OF THE SUPPLIER CONTENT
3.1 All content ("Content") distributed through the Software or the Service are provided by third parties ("Content Supplier"), and such Content might be protected with their own license agreements, which must be agreed by the Licensee during Content download.
4. PRIVACY POLICY
4.1 Licensor collects information when Licensee registers and uses the Software or the Service.
4.2 Any of the information collected from the Licensee can be used for the following purposes
- Follow the usage of the Software or the Service
- Follow the usage of Content Libraries
- Povide Content Suppliers usage reports
- Inform the Licensee about Software- and Content updates
- Inform the Licensee about Content Supplier news.
4.3 A more comprehensive description of the Privacy Policy can be found at Licensors's web page.
5. FEES AND PAYMENT TERMS
5.1 Using the Software and the Service is free for the end user.
6. TRAINING AND CONSULTATION
6.1 The Software or Service shall not include any training or consultation unless otherwise explicitly agreed upon. In the event that the Licensee needs training or consultation, the extent and price of training or consultation shall be agreed upon in a separate Agreement.
7. SUPPORT
7.1 Licensor shall provide maintenance, assistance and support for Software or Service only if a separate maintenance agreement has been concluded between Licensor and Licensee.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Title to all copyrights, patents and other intellectual property rights of whatsoever nature in or related to the Software or Service under this Agreement, including but not limited to the Software or Service and associated documentation, shall retain and be the exclusive property of the Licensor.
9. WARRANTY
9.1 Licensor represent and warrant that, when delivered, the Software and the Service will be capable of performing the functions described in the documentation if operated on the appropriate hardware/operating system for which the Software and the Service have been adapted by the Licensor.
9.2 Licensor shall not warrant that the Software and the Service will run properly on all hardware or that they will meet the Licensee's requirements or operate in the combinations which may be selected for use by the Licensee, or that the operation of the Software and the Service will be uninterrupted or error free, or that all Software and Service errors will be corrected.
9.3 Except as expressly provided for in this Agreement, Licensor makes any warranty of any kind, express or implied, and the warranty of fitness for a particular purpose and of merchantability are hereby excluded.
9.4 This limited Warranty are limited in duration to ninety (90) days from the date of original purchase/download/registration date.
9.5 The Licensor shall not, however, have any warranty obligation, if the Licensee has used or is using the Software or the Service in a manner that does not conform to Licensor's written instructions or the manuals, if the Licensee has moved the Software or the Service from the designated equipment, if the Licensee has modified or attempted to modify the Software or the Service, or if the Licensee has refused to update the basic Software or Service configuration recommended by the Licensor.
10. LIMITATION OF LIABILITY
10.1 In no event shall the Licensor be liable for any loss or damage to revenues, profits or other incidental, indirect and consequential damage of any kind, personal injury resulting from Software or Service performance pursuant to the terms of this Agreement or use or loss of any Software or Service delivered to the Licensee hereunder
10.2 In any event the Licensor's total liability to the Licensee shall be limited to the greater of the amount actually paid by Licensee for the Software or one (1) EUR.
11. APPLICAPLE LAW
11.1 This Agreement shall be governed by and construed in accordance with the laws of Finland. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
12. TERMINATION
12.1 The material breach, infringement or failure to comply with the provisions of this Agreement shall constitute a reason to terminate Licensee's right to use the Software or the Service. If such breach shall not have been remedied within thirty (30) days after despatch of written notice by Licensor, identifying the breach and requiring its remedy, the Licensor shall then have the right to terminate Licensee's right to use the Software and Service with immediate effect.
