This End-User Licence Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and RINA Tech UK Limited (“RINA”) for use of the MS Excel based tool known as PVTrax©, (“SOFTWARE PRODUCT”).
BY ACCESSING, DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU ARE AGREEING TO ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS, DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENCE
Your use of the SOFTWARE PRODUCT is limited to non-commercial internal use by you. Any other use of the SOFTWARE PRODUCT is not permitted under the terms of this Agreement.
1. GRANT OF LICENCE
Subject to all the terms of this Agreement, RINA hereby grants to you a one-time, royalty-free, non-exclusive, non-transferable, non-sublicenseable licence to copy and use the SOFTWARE PRODUCT solely for your non-commercial internal use. You may access, download, install, and copy the SOFTWARE PRODUCT on a reasonable number of computers within your company.
2. LICENCE OBLIGATIONS
You agree that you shall not:
(i) reverse compile, reverse engineer, disassemble or reformat the SOFTWARE PRODUCT, in whole or in part;
(ii) modify the SOFTWARE PRODUCT or create any derivative work based on the SOFTWARE PRODUCT;
(iii) rent, lease, sell, sublicense, grant a security interest in, or otherwise transfer any rights in the SOFTWARE PRODUCT;
(iv) remove or alter any marks or proprietary notices or labels contained in the SOFTWARE PRODUCT;
(v) use the SOFTWARE PRODUCT in any manner that violates any intellectual property or privacy rights of any third party; or
(vi) use the SOFTWARE PRODUCT in any manner that violates any applicable international, federal, state or local law or regulation.
3. OWNERSHIP AND COPYRIGHT
RINA retains all right, title and interest in and to the SOFTWARE PRODUCT, including, without limitation, all copyrights, trademarks, patents, trade secrets, proprietary and other intellectual property rights contained in or associated with the SOFTWARE PRODUCT, all copies thereof, and all enhancements or modifications thereto.
4. LIMITED WARRANTY
The SOFTWARE PRODUCT is provided “AS IS” and without warranty of any kind.
4.1 DISCLAIMER OF WARRANTIES
RINA expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
4.2 NO LIABILITY FOR DAMAGES
In no event shall RINA be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT, even if RINA is aware of the possibility of such damages and known defects.
5. TERMINATION
The licence granted hereunder shall terminate immediately upon your failure to comply with all of the terms and limitations described herein or immediately upon written notice of termination by RINA, with or without cause.
6. LAW AND JURISDICTION
This EULA shall be governed by the Laws of England and the Courts of England shall have exclusive jurisdiction over any disputes arising hereunder.
