Minq Software AB, Stockholm, Sweden
sales@minq.se
PureTest - License Agreement
Minq Softare AB (hereinafter referred to as the "Licensor") licenses its puretest software (hereinafter referred to as the "Software"), including any accompanying documentation to you only upon the condition that and/or your company (hereinafter referred to as the "licensee") accept all of the terms contained in this license Agreement.
Licensee should carefully read the following terms and conditions before using this Software. By downloading, installing or using the software, licensee are agreeing to be bound by these terms and conditions. If licensee do not agree to them, destroy all software possibly installed on licensee's computer.
LICENSE GRANT
Licensor grants to Licensee a a non-exclusive license to use the Software.
For distribution of the Software you must obtain a distribution license from
Minq Software AB.
COPYRIGHT
The Software is copyrighted and title to the Software and all associated intellectual
property rights is retained by the Licensor. The Software source code is confidential
information of Licensor. Licensee may not reverse assemble, reverse compile, otherwise
translate or discover the source code of the Software.
In addition, unless otherwise specified, Licensee may not rent, lease, sub license,
assign or distribute the Software to any third party.
INFORMATION/FEEDBACK:
Licensee agree that any information or feedback licensee may
provide to Licensor in reference to the Software or this
Agreement is non-confidential and Licensee grant Licensor a
worldwide, fully paid up and irrevocable license to use this
information/feedback in Licensor business activities.
DISCLAIMER OF WARRANTY
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 the licensee.
INFRINGEMENTS
Licensor shall defend, indemnify and hold harmless
licensee from and against any damage, cost and expenses incurred
as a result of any claim, suit or proceeding brought against
Licensee that the use of the Software or documentation furnished
hereunder infringes any patent, copyright, trademark, trade
secret or other intellectual property right; provided that
Licensor has been notified promptly in writing of such claim, and
given authority, information and assistance (at Licensor expense)
to handle the claim or defend any suit, proceeding or settlement.
MAINTENANCE AND SUPPORT
Customer support and updates is not provided
under this license agreement. At Licensees request,
Licensor will provide Licensee with his generally
available maintenance
and support services, including error correction and provision of
updates, upgrades, new versions or releases, at Licensors
normal terms and conditions.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR TORT
DAMAGES OF ANY NATURE OR KIND WHATSOEVER, INCLUDING BUT NOT
LIMITED TO LOST PROFITS, IN CONNECTION WITH OR ARISING OUT OF THE
USE, SUPPLY OR PERFORMANCE OF THE SOFTWARE, EVEN IF THE OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION
This Agreement is effective until terminated.
Licensee may terminate this Agreement at any time by destroying
all copies of the Software. This Agreement will terminate
immediately without notice from Licensor if licensee fail to
comply with any provision of this Agreement. Upon termination,
you must destroy all copies of the Software.
GOVERNING LAW AND ARBITRATION
This Agreement shall be governed by and construed in accordance
with the substantive laws of Sweden. All disputes arising in
connection with this Agreement shall be finally settled in
Stockholm, Sweden, under the Rules of the Arbitration Institute
of the Stockholm Chamber of Commerce. The official language in
such arbitration proceeding shall be the English language.
FORCE MAJURE
The performance by either party of its obligations under this Agreement
shall be excused by a period reasonable under the circumstances
if the failure or delay thereof is caused by industrial disputes
such as act of god, riot, war, accident, embargo or requisition.
