Software limited license agreement
eldoLED hereby grants to you, and by using the eldoLED software or by clicking the "I accept" button below, you accept, a non-exclusive, non-transferable limited license to use the eldoLED software only in combination with eldoLED products.
IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST STOP USING, AND DELETE THE ELDOLED SOFTWARE, IMMEDIATELY.
You may not resell, lease or export eldoLED software as such, i.e. without being part of a product system, comprising of eldoLED hardware products and other products. There are no implied licenses.
You understand and agree that eldoLED is the sole and exclusive owner of all right, title and interest worldwide in the eldoLED software. You will not remove, alter, cover or obfuscate any patent or copyright notice or other proprietary or restrictive notice or legend placed or embedded on eldoLED software.
You will refrain from any reverse engineering, disassembly, or any other attempt to obtain eldoLED software in source code or assembly code form. You may not alter or manipulate eldoLED software; you may only use the eldoLED software in its original form.
eldoLED may revoke and terminate your license if you fail to make any payments due to eldoLED or if you breach any provision of this license agreement.
You agree to indemnify eldoLED and to undertake to defend and hold eldoLED harmless from and against any and all claims, demands, causes of action, damages, liabilities, costs and expenses, including reasonable attorneys' fees, arising from your use of the eldoLED software, including, but not limited to, any product liability claims or actions, or the unauthorized use of any trademark, copyright, patent, process or method.
ELDOLED SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT (WHETHER EXPRESS, IMPLIED, OR STATUTORY) REGARDING, RELATING TO, CONNECTED WITH OR ARISING OUT OF ELDOLED SOFTWARE.
IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGIES OR SERVICES OR COST OF COVER) IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ELDOLED'S LIABILITY UNDER THIS LICENSE AGREEMENT OR THE TERMINATION OF THIS AGREEMENT FOR DAMAGES OF ANY KIND, INCLUDING RESTITUTION, WILL NOT, IN ANY EVENT, EXCEED, IN THE AGGREGATE, THE FEES AND PAYMENTS PAID BY YOU, OR € 100, WHICHEVER IS LESS.
You are aware that eldoLED relies on your acceptance and execution of this agreement by choosing the "I agree" option at the bottom of this document and you will not contend the validity of this agreement, and you waive any defenses as to the enforcement of this agreement, based on the form of your acceptance.
This license agreement shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to the United Nations Convention on the Contracts for the International Sale of Goods. With respect to any disputes arising out of this agreement, the parties hereby submit exclusively to the personal jurisdiction of the courts in 's-Hertogenbosch, the Netherlands. You consent and agree that each such court is a convenient forum for, and has proper venue over, the resolution of all legal actions, proceedings and disputes arising out of or relating to this license agreement. Notwithstanding the foregoing, eldoLED may elect to enforce any of its rights hereunder in the local courts of your country.