EULA (End User License Agreement) for LabLock software

1 DEFINITIONS

1.1 “Lablock” means JAKO-Solutions A/S, Dublin address and company name number xxxx and affiliated companies (e.g. subsidiaries).

1.2 “EULA” means this End User License Agreement for Lablock’s Software.

1.3 ”IPR” means intellectual property rights in patents, copyrights, trademarks, design rights or similar.

1.4 “License” means the license to use the Software, as further specified in Section 2.

1.5 “Licensee” means the legal entity or individual that installs the Software.

1.6 “Software” means the software provided to the Customer by Lablock.

2 LICENSE

2.1 License: Subject to this EULA, Lablock hereby grants the Licensee a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to install and use the Software. If the Software is paid for and provided as a package together with LabLock products, the Software may be used on two computers. If the Licensee wishes to use the Software for an additional computer, a license for one additional computer shall be purchased from LabLock through a separate agreement. The Licensee may not otherwise install, use, or copy the Software, and any rights not explicitly granted to the Licensee shall be considered reserved to Lablock.

2.2 Acceptance: By downloading, installing, copying, or otherwise using the Software, the Licensee shall be bound by this EULA.

3 IPR

3.1 IPR: Lablock retains all ownership and IPR to the Software and anything else delivered under this EULA. To the extent that the Software is changed, developed or adapted as a result of input, feedback or ideas from the Licensee, Lablock acquires all IPR to any such changes, developments or adaptations as well as to any such input, feedback or ideas.

3.2 No modifications: The Licensee may not copy or modify the Software in any way not authorized by LabLock. This prohibition includes adapting, translating, decompiling, reverse engineering, disassembling, or attempting to derive the source code from the Software.

3.3 Right to grant License: The software is owned and copyrighted by JAKO-Solutions. Your license confers no title or ownership in the software and should not be construed as a sale of any right in the software.

3.4 Limited Warranty: License grant. JAKO-Solutions grants you a license to use one copy of this software on any one system for as many licenses as Licensee purchase. "Use" means storing, loading, installing, executing, or displaying the software. You may not modify the software or disable any licensing or control features of the software except as an intended part of the software's programming features. When you first obtain a copy of the software, you are granted an evaluation period negotiated with JAKO-Solutions, after which time you must pay for the software according to the terms discussed in the software's documentation, or you must remove the software from your system. This license is not transferable to any other system, or to another organization or individual. You are expected to use the software on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the software will perform to your satisfaction; therefore, you understand and agree that there is no refund policy for any purchase of the software.

3.5 Malicious code: JAKO-Solutions warrants that it has used reasonable efforts to ensure that the Software does not contain any malicious code such as worms, viruses, Trojan horses, protect codes, data destruct keys or similar codes intended to access, modify, delete, damage, deactivate or disable the Software or the Licensee’s other systems. The Licensee’s sole remedy for Lablock’s breach of this warranty is that JAKO-Solutions shall take action to investigate, identify and remove such malicious code from the Software.

3.6 No other warranties. JAKO-Solutions does not warrant that the software is error free. JAKO-Solutions disclaims all other warranties with respect to the software, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement of third-party rights. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.

3.7 Disclaimer of warranties: The limited warranties in this section are the only warranties granted by JAKO-Solutions to the Licensee. Lablock MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, NEITHER UNDER THIS EULA NOR IN SEPARATE AGREEMENTS. Lablock EXPLICITLY DISCLAIMS ALL WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. Lablock DOES NOT WARRANT THAT THE SOFTWARE – IN WHOLE OR IN PART – WILL BE ERROR FREE, OPERATE WITHOUT INTERRUPTION OR MEET THE LICENSEE’S REQUIREMENTS.

4 TERM AND TERMINATION

4.1 Term: The License is unlimited in time. However, Lablock may terminate the License with immediate effect if the Licensee violates this EULA.

4.2 Termination effect: Upon termination, the Licensee shall immediately stop using the Software and destroy all copies.

5 SUPPORT

5.1 Updates: Lablock may from time to time provide updates, bug fixes and patches to the Software, but Lablock shall be under no obligation to provide specific updates or to provide updates at specific intervals. Lablock shall not be obliged to provide other support services, except as agreed between Lablock and the Licensee.

5.2 Right to grant License: The software is owned and copyrighted by JAKO-Solutions. Your license confers no title or ownership in the software and should not be construed as a sale of any right in the software.

5.3 Limited Warranty: License grant. JAKO-Solutions grants you a license to use one copy of this software on any one system for as many licenses as Licensee purchase. "Use" means storing, loading, installing, executing, or displaying the software. You may not modify the software or disable any licensing or control features of the software except as an intended part of the software's programming features. When you first obtain a copy of the software, you are granted an evaluation period negotiated with JAKO-Solutions, after which time you must pay for the software according to the terms discussed in the software's documentation, or you must remove the software from your system. This license is not transferable to any other system, or to another organization or individual. You are expected to use the software on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" approach is the ultimate guarantee that the software will perform to your satisfaction; therefore, you understand and agree that there is no refund policy for any purchase of the software.

5.4 Malicious code: JAKO-Solutions warrants that it has used reasonable efforts to ensure that the Software does not contain any malicious code such as worms, viruses, Trojan horses, protect codes, data destruct keys or similar codes intended to access, modify, delete, damage, deactivate or disable the Software or the Licensee’s other systems. The Licensee’s sole remedy for LabLock’s breach of this warranty is that JAKO-Solutions shall take action to investigate, identify and remove such malicious code from the Software.

5.5 No other warranties. JAKO-Solutions does not warrant that the software is error free. JAKO-Solutions disclaims all other warranties with respect to the software, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement of third-party rights. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.

5.6 Disclaimer of warranties: The limited warranties in this section are the only warranties granted by JAKO-Solutions to the Licensee. Lablock MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE, NEITHER UNDER THIS EULA NOR IN SEPARATE AGREEMENTS. Lablock EXPLICITLY DISCLAIMS ALL WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. Lablock DOES NOT WARRANT THAT THE SOFTWARE – IN WHOLE OR IN PART – WILL BE ERROR FREE, OPERATE WITHOUT INTERRUPTION OR MEET THE LICENSEE’S REQUIREMENTS.

6 TERM AND TERMINATION

6.1 Term: The License is unlimited in time. However, Lablock may terminate the License with immediate effect if the Licensee violates this EULA.

6.2 Termination effect: Upon termination, the Licensee shall immediately stop using the Software and destroy all copies.

7 LIABILITY

7.1 Indirect losses: LabLock is not liable for any indirect or consequential damages, including damages for lost profits, loss of data, or business interruptions.

7.2 Software misuse. This software should never be installed, or used, without the PC administrator's consent. This software is designed for use when any required consents have been obtained. JAKO-Solution declines all responsibility concerning any illicit usage.

7.3 Liability cap: No liability for consequential damages. In no event shall JAKO-Solutions be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of the software, even if JAKO-Solutions has been advised of the possibility of such damages. In no event will JAKO-Solutions liability for any claim, whether in contract, tort, or any other theory of liability, exceed the license fee paid by you, if any.

8 PREVAILING AGREEMENT AND SEVERABILITY

8.1 Terms & Conditions: To the extent that this EULA is in conflict with JAKO-Solutions’s general terms and conditions, JAKO-Solutions’s general terms and conditions shall prevail.

8.2 Severability: If a court or other competent authority finds any provision of this EULA, or a portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.