Last update October 18th, 2019
END USER LICENSE AGREEMENT
IMPORTANT: THIS APPLICATION END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND SAERS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE APPLICATION. IT PROVIDES A LICENSE TO USE THE APPLICATION AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE APPLICATION, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE APPLICATION AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE APPLICATION AND RETURN THE APPLICATION TO YOUR PLACE OF PURCHASE. THIS EULA SHALL APPLY ONLY TO THE APPLICATION SUPPLIED BY SAERS. HEREWITH REGARDLESS OF WHETHER OTHER APPLICATION IS REFERRED TO OR DESCRIBED HEREIN.
SAERS grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
2. License Restrictions
You agree not to, and you will not permit others to:
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of SAERS or its affiliates, partners, suppliers or the licensors of the Application.
3. Modifications to Application
SAERS reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
SAERS may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Application. You agree that SAERS has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The foregoing license gives you limited license to use the application. SAERS and its suppliers retain all rights, title and interest, including all copyright and intellectual property rights, in and to, the application (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by SAERS and its suppliers.
6. Third-Party Services
The application may contain third party application which requires notices and/or additional terms and conditions. By accepting this EULA, you are also accepting the additional terms and conditions of the third party application.
8. Term and Termination
This Agreement shall remain in effect until terminated by you or SAERS.
SAERS may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from SAERS, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your device.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your device.
Termination of this Agreement will not limit any of SAERS’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold SAERS and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
10. Warranties Disclaimer
The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, SAERS, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, SAERS provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither SAERS nor any SAERS’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of SAERS are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
11. Limitation of Liability
Neither SAERS nor its suppliers shall be liable to you or any third party for any indirect, special, incidental, punitive or consequential damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), arising out of the use of, or inability to use, the application and based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if SAERS or its representatives have been advised of the possibility of such damages.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
13. Amendments to this Agreement
SAERS reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
14. Governing Law
This License will be governed by the laws in force in Denmark. You hereby consent to the non-exclusive jurisdiction and venue sitting in Denmark to resolve any disputes arising under this EULA.
By downloading and/or installing this application, the Licensor agrees to the terms of this EULA. This license is effective until terminated. Licensor has the right to terminate your License immediately if you fail to comply with any term of this License. “as is”. Licensor makes no Warranties, express or implied, arising from course of dealing or usage of trade, or statutory, as to any matter whatsoever. In particular, any and all warranties or merchantability, fitness for a particular purpose or non-infringement of third party rights are expressly excluded.
16. Feedback and contact Information
All feedback concerning the application or this Agreement should be sent to SAERS. For more information on the application or licensing terms and conditions, contact SAERS at [email protected]