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End User License Agreement
1)
Under this End User Lic
ense Agreement (the “Agreement” or “EULA”), TE Connectivity
Corporation (the “Vendor”) grants to the user ( the Licensee”) a nonexclusive and nontransferable
license ( the “ License”) to use LEMBAS SW Package
V
1.0 ( the “Software”).
2)
“Software” includes the
executable computer programs, the source code and any related printed,
electronic and online documentation and any other files that may accompany the product.
3)
Title, copyright, intellectual property rights and distribution rights of the Software remain
exclusively with the Vendor. Intellectual property rights include the look and feel of the Software.
This Agreement constitutes a license for use only and is not in any way a transfer of ownership
rights to the Software.
4)
The Software may be loaded onto no more than one computer. A single copy may be made for
backup purposes only.
5)
The rights and obligations of this Agreement are personal rights granted to the Licensee only. The
Licensee may not transfer or assign any of the rights or obligations granted under this Agreement
to any other person or legal entity. The Licensee may not make available the Software for use by
one or more third parties.
6)
The Software may not be modified, reverse- engineered, or de-complied in any manner through
current or future available technologies.
7)
Failure to comply with any of the terms under the License section will be considered a material
breach of this Agreement.
8)
The original purchase price paid by the Licensee will constitute the entire licensee fee and is the
full consideration for this Agreement.
9)
Limitation of Liability-
The Software is provided by the Vendor and accepted by the Licensee “as
is”. Liability of the Vendor will be limited to a maximum of the original purchase price of the
Software. The Vendor will not be liable for any general, special, incidental or consequential
damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of
data, or any other business or economic disadvantage suffered by the Licensee arising out of the
use or failure to use the Software.
10)
The Vendor makes no warranty expresses or implies regarding the fitness of the Software for a
particular purpose or that the Software will be suitable or appropriate for the specific
requirements of the Licensee.
11)
The Vendor does not warrant that use of the Software will be uninterrupted or error- free. The
Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as
determined in the industry.
12)
Warrants and Representations- The Vendor warrants and represents that it is the copyright holder
of the Software. The Vendor warrants and represents that granting the license to use this
Software is not in violation of any other agreement, copyright, or applicable statute.
13)
Acceptance- the term of this Agreement will begin on Acceptance and is perpetual.
14)
Termination- This Agreement will be terminated, and the License forfeited where the Licensee
has failed to comply with any of the terms of this Agreement or is in breach of this Agreement.
On termination of this Agreement for any reason, the Licensee will promptly destroy the Software
or return the Software to the Vendor.
15)
Force Majeure- The Vendor will be free of liability to the Licensee where the Vendor is prevented
from executing its obligations under this Agreement in whole or in part due to Force Majeure,
