END USER LICENSE AGREEMENT
Kubios HRV Premium Version
This End User License Agreement (the “Agreement”) set forth the terms and conditions according to which the limited company Kubios Oy (“Kubios”) grants to the end user (the “Licensee”) the right to use the Kubios HRV Premium software (the “Software”). Please read these terms and conditions carefully before installing, downloading, accessing, or otherwise using the Software. By installing, downloading, accessing, or otherwise using the Software, the Licensee agrees and accepts the terms and conditions of this Agreement.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE.
“Software” shall mean the computer software program called “Kubios HRV Premium” in machine readable object code or any other form available and any subsequent error corrections, upgrades, files or updates owned by Kubios.
“Documentation” shall mean the user guide of the Software, its subsequent updates, and other related materials pertaining to the Software, which are delivered to Licensee by Kubios or its suppliers in connection with the Software.
GRANT OF LICENSE
Subject to the terms and conditions of this Agreement and Licensee’s compliance with this Agreement, Kubios grants Licensee a non-exclusive, non-transferable, non-sublicensable, royalty-bearing, revocable and limited license to install and use the Software within the normal operations of the Licensee.
The license includes the right to use the Software on one (1) computer owned and controlled by the Licensee.
Kubios retains all right, title and interest in and to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, settings and moral rights whether registered or not and all applications thereof. The Software is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Software may not be copied, reproduced or distributed in any manner, in whole or in part, without prior written consent from Kubios. All rights not expressly granted to Licensee herein are reserved by Kubios.
Licensee shall be liable for the use of Software by Licesee’s user account. In the event the Software is used in breach of license limitations above, Kubios shall have a right to charge the Licensee thereof based on applicable royalty payments.
The license fee available at www.kubios.com for Premium version of the Software entitles the Licensee for a one year license period including all updates and relevant support.
The Licensee shall have a right to exploit the Software subject to this Agreement also after the expiry of one year license period. However, after one year license period further updates, amended features, transferring the license from one computer to another and all relevant support are subject to separate software maintenance payment available at www.kubios.com.
Except as otherwise expressly permitted in this Agreement, Licensee may not:
1) commercially exploit the Software outside the normal operations of the Licensee;
2) reproduce or copy the Software or any portion thereof;
3) modify or create any derivative works of the Software, including translation or localization;
4) make the Software available over a network where it could be used by multiple computers at the same time
5) disassemble, decompile, reverse engineer the Software, or any portion thereof, or attempt to gain access to its method of operation or source code;
6) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Software or otherwise make the Software publicly available for use or download;
7) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels in the Software; or
8) provide service bureau services to other parties than Licensee or by using the Software or otherwise use the Software to process data or information supplied by a third party without Kubios’s prior written consent, which may be given in Kubios’s sole discretion.
License to Kubios HRV Premium Version is royalty-bearing and includes updates for one year license period. Further updates and amended features are subject to software maintenance payments.
Kubios may in its sole discretion provide Licensee with error corrections, bug fixes, patches, or other updates to the Software licensed hereunder. Kubios shall not be liable for any errors or delays in the use of Software due to updates.
The term of license under this Agreement shall commence on the date that Licensee accepts this Agreement and installs or otherwise uses the Software and ends on the earlier date of either Licensee’s disposal of the Software or Kubios’ termination of this Agreement.
Without prejudice to any other rights, Kubios may terminate this Agreement and all the rights and licenses granted herein if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall immediately cease and desist all use of the Software and destroy
all copies of the Software.
Title, ownership rights, and intellectual property rights in or related to the Software are and will remain in the exclusive property of Kubios and/or its suppliers, whether or not specifically recognized or perfected under applicable laws or laws of Finland. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit, or interfere in any manner with Kubios’s or its licensors’ ownership of or rights with respect to the Software, except the limited use rights specified in terms and conditions of this Agreement.
LICENSES FOR THIRD PARTY SOFTWARE
Kubios has been granted licenses to distribute certain third party software along with the software licensed hereunder. The terms and conditions of these licenses may be different from or additional to those contained herein. Licensee understands and agrees that acceptance of this Agreement also confirms Licensee’s acceptance of the terms and conditions of these licenses. These licenses can be viewed at www.kubios.com/third-party-licenses.
USE OF SOFTWARE
Licensee acknowledges that any storage of information related to the use of Software shall be on Licensee’ liability. The Software is not intended for data storage purposes.
Licensee shall be fully liable for the use or applying of any results or information that may be analyzed by Software. Kubios is not liable for any actions or consequences whatsoever related to Licensee’s use of Software and Licensee shall also be fully liable for any actions Licensee decides to carry out or not to carry after the use of Software. Licensee shall not guarantee any results for the use of Software.
DISCLAIMER OF WARRANTY
The Software (including without limitation the related documentation) is provided on an “as is” basis, without warranty of any kind, including without limitation the warranties that it is free of defects or fit for a particular purpose. The entire risk as to the quality and performance of the Software is borne by Licensee.
Kubios shall not collect any other personal information than information necessary for the user account monitoring and Licensee identification.
LIMITATION OF LIABILITY
In no event shall Kubios, any of its suppliers (including MathWorks, distributor of Matlab products used to develop the Software), distributors or its licensors be liable for any direct, indirect, special, incidental, or consequential damages arising out of the installation or use of or inability to use the Software, including without limitation damages for loss of profit or goodwill, work stoppage, computer failure or malfunction, loss of data, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based. In any case, Kubios’s entire liability under any provision of this Agreement shall not exceed in the aggregate the sum of the fees Licensee paid for this license (if any).
The validity, interpretation, construction, and performance of this Agreement shall be governed by the laws of Finland.
This Agreement represents the complete agreement concerning this license between Licensee and Kubios. Kubios reserves the right, at its discretion, to change, modify, add or remove portions of this Agreement by posting the updated Agreement on Kubios’ website. Licensee shall be deemed to have accepted such changes by continuing to use the Software.
This Agreement and the rights granted hereunder may not be assigned, sublicensed, or otherwise transferred by Licensee without prior written consent from Kubios.
Kubios Oy (Limited company), Business ID 2740217-3,
Varsitie 22, 70150 Kuopio, FINLAND