Laborotech End-User License Agreement |
(Nomad) |
1. General |
IMPORTANT – READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or an entity) and Laborotech Ltd for Nomad, which includes computer software and may include associated media, printed materials and "on-line" or electronic documentation ("SOFTWARE PRODUCT"). Since the SOFTWARE PRODUCT can only be accessed for download electronically, you indicate your acceptance of these terms by selecting the "accept" button at the end of this agreement or by choosing to download and install Nomad via the SMS message sent to your phone. You indicate that you do not agree to all these terms by selecting the "decline" button at the end of this agreement, or by not choosing to download and install Nomad va the SMS message sent to your phone. |
2. Licensing |
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold and always remains the property of Laborotech Ltd |
If you have not paid the applicable license fee for the SOFTWARE PRODUCT, this EULA grants you an evaluation license to use the SOFTWARE PRODUCT as described in Sections 1, 2.1 and Sections 3 - 10. |
If you have paid the applicable license fee for the SOFTWARE PRODUCT, this EULA grants a software product license to use the SOFTWARE PRODUCT as described in Sections 1, 2.2 and Sections 3 - 10. |
2.1. Grant of Evaluation License |
a. Software Product: You may install and use one copy of the SOFTWARE PRODUCT on a single "Java 2 Micro Edition"-enabled mobile phone for the purposes of evaluation only for ten (10) days after the date you install the SOFTWARE PRODUCT on your phone. |
b. Use of the SOFTWARE PRODUCT after the evaluation period requires payment of the application license fee. The SOFTWARE PRODUCT may contain a mechanism to prevent continued use after the evalaution unless an unlock code is provided. |
c. Hold Harmless You agree to hold Laborotech harmless from any claims based on your use of the SOFTWARE PRODUCT for any purposes other than those of evaluation. |
d. Termination And/Or Expiration Should you choose not to purchasea license, upon expiration of the EVALUATION PERIOD, unless terminated earlier by Laborotech, you agree to immediately cease use of and remove the SOFTWARE PRODUCT from your phone. |
e. No Support Laborotech is under no obligation to support the SOFTWARE PRODUCT or to provide upgrades or error corrections ("SOFTWARE UPDATES"). If Laborotech, at its sole option, supplies SOFTWARE UPDATES to you, the SOFTWARE UPDATES will be considered part of SOFTWARE PRODUCT, and subject to the terms of this Agreement. |
2.2. Software Product License |
a. Software Product You may install and use one copy of the SOFTWARE PRODUCT on a single "Java 2 Micro Edition"-enabled mobile phone. You may NOT install the SOFTWARE PRODUCT on any other type of device. |
b. Disclosure You may not disclose to third parties, or otherwise publish, your registration details via electronic or other means. |
3. Limitations on Reverse Engineering, Decompilation, and Disassembly |
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. |
4. Rental |
You may not rent, lease, or lend the SOFTWARE PRODUCT except as described in Section 5 below. |
5. Transfer of Rights |
You may permanently transfer all of your rights under this EULA, provided you retain no copies of the SOFTWARE PRODUCT, you transfer all of the SOFTWARE PRODUCT (including all component parts, documentation upgrades, and this EULA), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of The Software. |
6. Termination |
Without prejudice to any other rights, Laborotech Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT. |
7. Copyright |
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Laborotech Ltd. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Laborotech Ltd. |
8. Limited Warranty |
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LABOROTECH LTD AND ITS SUBSIDIARIES DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. LABOROTECH DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. |
9. Limitations of Remedies and Liability |
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LABOROTECH LTD, ITS SUBSIDIARIES OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LABOROTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, LABOROTECH'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. |
Any action related to this EULA will be governed by Florida law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. |
10. Export Regulations. |
All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you. |
11. Governing Law |
Any action related to this EULA will be governed by Florida law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. |
12. Severability |
If any provision of this EULA is held to be unenforceable, this EULA will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this EULA will immediately terminate. |
