V4L Particles Ltd. hereby grants a non-exclusive non-sub-licensable right to use the V4L CADET Software (hereinafter referred to as "the Software") based on the below conditions. Please read these conditions carefully before using the Software.
IF YOU CANNOT ACCEPT THE CONDITIONS BELOW, YOU ARE NOT ENTITLED TO USE THE SOFTWARE. IF YOU CHOOSE TO USE THE SOFTWARE, THIS WILL CONSTITUTE YOUR ACCEPTANCE OF THE BELOW CONDITIONS.
1. SINGLE-USER LICENSE.
1.1 The purchase, on the V4L website, of a credit to use the Software constitutes a single-user license and shall only be used for training of a single user in wear debris particle analysis.
2. USE OF THE SOFTWARE.
2.1 A single-user license allows a single individual to use the Software on a single computer.
2.2 The Software shall only be used for training in wear debris particle analysis. Any other use is a violation of this agreement and V4L Particles Ltd. intellectual property rights, and will lead to legal action.
2.3 The Software shall not be subjected to reverse engineering, disassembling, de-compilation, or other attempts to discover any source code, underlying ideas, algorithms, files, file formats or programming interfaces, unless expressly granted by law.
3. COPYRIGHTS TO THE SOFTWARE.
3.1 V4L Particles Ltd. retains the ownership of and all intellectual property rights to the Software, including but not limited to patents, copyrights, design rights and know-how. V4L Particles Ltd. rights are protected by international copyright laws, other applicable intellectual property laws and international treaty provisions.
3.2 The Software shall not be altered, modified, adapted in any way, nor copied, lent, rented, leased, sub-licensed or otherwise transferred by the user, unless expressly granted by law.
4. NO WARRANTY OR SUPPORT
4.1 The Software is provided "as is”. V4L Particles Ltd. makes no warranty, representation, promise or guarantee, either expressly or implied, statutory or otherwise, with respect to the Software, user documentation or related services, including their quality, performance, merchantability or fitness for a particular purpose.
5. LIMITATION OF LIABILITY
5.1 The Software may not be completely free from errors. Users are requested to verify their work and make backup copies, and V4L Particles Ltd. will not be responsible for their failure to do so. In no event will V4L Particles Ltd be liable for indirect, special, incidental or consequential damages arising out of these conditions or out of use of the software, including, without limitation, damages or costs relating to the loss of profits, business, goodwill, data or computer programs, even if advised of the possibility of such damages. In any case, V4L Particles Ltd’s liability shall not exceed the amount paid for the license to the software.
6.1 This agreement shall be governed by and construed according to British law, without reference to its choice of law provisions. Any disputes (with respect to any matter) arising out of or relating to these conditions shall be finally settled under the rules of arbitration of the International Chamber of Commerce, set in Britain by three (3) arbitrators appointed in accordance with the said rules.
7. IN GENERAL
7.1 This is the entire agreement regarding the Software. No waiver or amendment to this agreement shall be effective unless expressly stated in this document, or otherwise in writing and signed by the parties.