UNOMALY END USER LICENSE AGREEMENT
AGREEMENT
By using this software (”Software”), you (“Customer”) accept these license terms.
Customer means the role in which you use the Software, either as an individual or as an authorized representative of a legal entity. By installing and using the Software, you confirm that you are authorized to accept these license terms as a representative of the legal entity using the same. Should Customer not accept these license terms, Customer may not use the Software.
Unomaly may update these license terms, in which case you will be notified thereof by email. Any changes will take effect thirty (30) days after such notification. Should you not accept the updated license terms, you may terminate your use and the agreement in writing within the notification period.
Background
Unomaly provides the Software which enables Customer to supervise its Systems. Customer wishes to use the Software and therefore accepts these license terms.
Scope of License
Provided that Customer accepts and abides by these license terms, Unomaly grants Customer a non-exclusive and non-transferable limited right to use the version of the Software delivered by Unomaly in accordance with the terms stated for the license key.
The Software may be used for the number of Systems as defined by the license key. System means every representation of single data flows (”System”). The Software may only be used by the Customer.
Customer may not copy, modify or adapt all or part of the Software other than for its intended purpose.
Customer may not in any other way than as may be stated in these license terms lend, lease or otherwise make the Software available to a third party.
Rights to the Software
Customer understands and acknowledges that the ownership rights, copyright and intellectual property rights to the Software, documentation and other material belong to Unomaly and that such rights are not transferred to the Customer.
Customer understands that Customer may not, through e.g. reverse engineering, decompilation or other acts, attempt to retrieve the source code to the Software in order to create similar source or object code.
Support and Upgrades
Unomaly may provide support services to the Software, as may be stated separately.
Installation
The Software is installed by the Customer. Unomaly may install the Software only as specifically agreed with the Customer, based on Unomaly’s current hourly fees. Customer specific desires and requirements are to be agreed in a separate agreement.
Customer shall provide sufficient, complete and correct information with regards to the prerequisites for installation of the Software in Customer’s IT environment, including ensuring that the hardware and IT requirements are met, as specified by Unomaly for the installation.
Notification Service
As a specific service in the Software, Customer’s listed users and/or administrators may be notified via email or cell phone regarding interruptions in the Systems. Unomaly cannot guarantee that such messages reach their intended recipients. Customer shall ensure that provided contact information at all times is updated and correct.
Personal Data
Customer shall ensure that any local laws or regulations regarding the use of personal data are complied with when using the Software.
Limitation of Liability
THE SOFTWARE IS PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND. UNOMALY DOES NOT WARRANT THAT THE SOFTWARE IS WITHOUT DEFECTS OR THAT THE SOFTWARE WILL FUNCTION WITHOUT INTERRUPTIONS, AND CUSTOMER MAY THEREFORE NOT MAKE ANY CLAIMS TO THAT EFFECT.
CUSTOMER SHALL ENSURE THAT IT HAS SUFFICIENT HARDWARE AS MAY BE REQUIRED TO SUPERVISE THE NUMBER OF SYSTEMS THAT THE SOFTWARE IS LICENSED FOR. UNOMALY’S TOTAL OBLIGATIONS WITH REGARDS TO DAMAGES IN CONNECTION WITH USE OF THE SOFTWARE ARE LIMITED TO THE REPLACEMENT OF THE SOFTWARE.
UNOMALY IS UNDER NO CONDITIONS LIABLE FOR DIRECT OR INDIRECT DAMAGES OR LOSSES, INCLUDING CUSTOMER’S OWN LIABILITY TO PAY DAMAGES TO A THIRD PARTY OR LOSS OF DATA OR BUSINESS INTERRUPTION.
Applicable Law and Jurisdiction
Swedish law shall apply to these license terms and the application of them. Any dispute with regards to the use of the Software or interpretation of these license terms shall be finally settled by the public courts of Sweden, with Stockholms tingsrätt as the court of first instance.