Brattberg End User License agreement (EULA)

BY USING OR INSTALLING THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DESTROY ALL COPIES YOU HAVE OF THE PRODUCT AND REMOVE IT FROM YOUR COMPUTER.

Grant

Brattberg ("Brattberg") hereby grants you a non-exclusive license to use its accompanying software product ("Software") free of charge if (a) you are a student, faculty member or staff member of an educational institution (K-12, junior college or college) or an employee of a charitable non-profit organisation; or (b) your use of the Software is for the purpose of evaluating whether to purchase an ongoing license to the Software. The evaluation period for use by or on behalf of a commercial entity is limited to 90 days; evaluation use by others is not subject to this restriction.

Government agencies are not considered charitable non-profit organisations for purposes of this license agreement. If you do not fit within the description above, a license fee is due to Brattberg and no license is granted. If you are using the Software free of charge, you will not be entitled to support or telephone assistance.

If you fit within the above description, you may: use the Software on any single computer; use the Software on a second computer so long as the first and second computers are not used simultaneously; or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.

You may not: permit other individuals to use the Software except under the terms listed above; modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; copy the Software (except for back-up purposes); rent, lease, transfer or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software.

Software

If you receive your first copy of the Software electronically, and a second copy on media, the second copy may be used for archival purposes only. This license does not grant you any right to any enhancement or update for the non fee version.

Title

Title, ownership rights, and intellectual property rights in and to the Software shall remain in Brattberg and/or its suppliers. The Software is protected by the copyright laws of Sweden and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content.

Disclaimer of warranty

The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not Brattberg assume the entire cost of any service and repair. In addition, the security mechanism implemented by the Software has inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement.

SOME COUNTRIES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY OR BY JURISDICTION.

Limitation of liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BRATTBERG OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL BRATTBERG BE LIABLE FOR ANY DAMAGES IN EXCESS OF BRATTBERG'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF BRATTBERG SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Termination

This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software.

Miscellaneous

This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under Swedish law as such law applies to agreements between Swedish residents entered into and to be performed within Sweden, except as governed by Federal law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.