IMPORTANT NOTICE: READ CAREFULLY BEFORE COPYING, INSTALLING OR USING END USER LICENSE FOR VIOPE SOLUTIONS LTD PRODUCTS
By downloading and installing, copying or otherwise using the Viope Service, or clicking an "accept" button or a logical equivalent, you are binding yourself and the business entity you represent (hereinafter collectively "You") to the terms and conditions of this end user license (hereinafter "EULA") including the warranty disclaimers and limitations of liability provisions below. If You do not agree to the terms and conditions of this EULA, do not download, install, copy or otherwise use the Product and destroy or return the Product, all copies and accompanying documentation thereof to You for refund. YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS OF THIS EULA.
1. Product Definition
AS USED IN THIS EULA, THE TERM "PRODUCT" MEANS THE SOFTWARE PRODUCT NAMED VIOPE SERVICE IN OBJECT CODE FORM, OR ANY PART THEREOF, AND ANY AND ALL PRINTED, ONLINE AND/OR ELECTRONIC DOCUMENTATION RELATED THERETO (HEREINAFTER "DOCUMENTATION), MODIFICATIONS, ADDITIONS, UPDATES AND UPGRADES THAT DO NOT CHANGE THE OVERALL UTILITY, FUNCTIONAL CAPABILITY OR APPLICATION OF THE VIOPE SERVICE (HEREINAFTER "UPGRADES").
2. License Grant
The Product is licensed, not sold by Viope Solutions Ltd (hereinafter "Company"). Subject to compliance with the terms and conditions of this EULA, Company hereby grants to You solely for the term of this EULA, a limited, non-exclusive, non-transferable license, without rights to sublicense, to download, install and internally use the object code of the Product following the limitations and restrictions in this EULA and respecting all the laws in force in the jurisdiction in which the Product is used.
3. License Limitations and Restrictions
Customer shall not disclose, sell, rent, lease, time share, market, commercialize, sub-license or otherwise assign, transfer, disclose, distribute the Product or otherwise use the Product or information derived from the Product in any manner inconsistent with or not expressly permitted under this EULA.
Customer shall not, nor allow, authorize or assist others, to circumvent any technical measure, modify, alter, adapt, translate, reverse engineer, reverse compile, dissemble, decompile or otherwise attempt to discover or derive source codes, algorithms or underlying ideas from the binary code of the Product except only to the extent expressly permitted under applicable law or create derivative work based on the Product.
4. Copyright and Other Intellectual Property Rights Notices
THE PRODUCT AND ALL RIGHTS, WITHOUT LIMITATION INCLUDING INTELLECTUAL PROPERTY RIGHTS THEREIN, ARE OWNED BY COMPANY AND/OR ITS LICENSORS. THE STRUCTURE, ORGANIZATION, ALGORITHMS AND CODE OF THE PRODUCT ARE VALUABLE TRADE SECRETS AND CONFIDENTIAL INFORMATION OF COMPANY AND/OR ITS LICENSORS.
5. Technical Support not Included
Company will not provide any technical support services under this EULA. This EULA does not give you any rights to any updates or upgrades to the Product or to any extensions or enhancements to the Product developed by Company at any time in the future. Company has no obligation to furnish Customer with technical support services unless separately agreed in writing between Customer and Company.
6. Term and Termination
THIS EULA SHALL BECOME EFFECTIVE BY CLICKING AN "ACCEPT" BUTTON OR A LOGICAL EQUIVALENT AND/OR INSTALLING THE PRODUCT. CUSTOMER MAY TERMINATE THIS EULA AT ANY TIME BY PERMANENTLY DESTROYING OR RETURNING AT CUSTOMER'S OWN COST THE PRODUCT, INCLUDING ALL BACK-UP COPIES AND RELATED DOCUMENTATION PROVIDED BY COMPANY. CUSTOMERS RIGHTS GRANTED UNDER THIS EULA TERMINATE AUTOMATICALLY WITHOUT FURTHER NOTICE FROM COMPANY IF CUSTOMER FAILS TO COMPLY WITH ANY TERMS OR CONDITIONS OF THIS EULA.
The Company may terminate this Agreement immediately should any Product become, or in Licensor's opinion be likely to become, the subject of a claim of infringement of a patent, trade secret or copyright.
In the event of termination, Customer must destroy all copies of the Product. In addition you must destroy or return at Customer's own cost the Product, including all back-up copies and related documentation provided by Company.
7. Disclaimer of Warranties
TO THE EXTEND PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND NEITHER COMPANY OR ITS LICENSORS HEREBY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE PRODUCT WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY COMPANY OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY AND ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES COMPANY'S OR ITS LICENSOR'S ENTIRE LIABILITY SHALL BE LIMITED TO EUR 100.
9. Governing Law
THIS EULA WILL BE GOVERNED BY THE LAWS OF FINLAND. THE UNITED NATIONS CONVENTION FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS EULA OR THE BREACH, TERMINATION OR VALIDITY THEREOF SHALL BE FINALLY SETTLED BY ARBITRATION IN ACCORDANCE WITH THE ARBITRATION RULES OF THE CENTRAL CHAMBER OF COMMERCE OF FINLAND. THE PLACE OF ARBITRATION SHALL BE HELSINKI, FINLAND AND THE NUMBER OF THE ARIBTRATORS SHALL BE ONE.
10. Contact Information
If you have any questions about or notices relating to this EULA, or if you want to contact Company for any reason, please direct all correspondence to: Viope Solutions Ltd, PL 819, 00101 Helsinki, Finland, tel. +358 45 350 3622, e-mail firstname.lastname@example.org and www.viope.com .