Inductive AS Software license 1.5 of 2018-12-17
THE SOFTWARE – Terms and conditions
1.1. Preamble: This Agreement, signed when downloading or purchasing software by Inductive AS [hereinafter: Effective Date] governs the relationship between you, an individual, or your company, a Business Entity, (hereinafter: Licensee) and Inductive AS whose principal place of business is Enebakkveien 117, 0680 Oslo, Norway, Norway (Hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using software by Inductive AS (hereinafter: The Software) created and owned by Licensor, as detailed herein.
1.2. License Grant: Licensor hereby grants Licensee a Non-assignable & non-transferable, Commercial, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
1.2.1. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
1.2.2. Commercial: Only the Licensee may use Software.
1.3. Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee :
1.3.1. became insolvent or otherwise entered into any liquidation process; or
1.3.2. exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
1.3.3. Licensee was in breach of any of this license’s terms and conditions and such breach was not cured, immediately upon notification; or
1.3.4. Licensee in breach of any of the terms of clause 1.2 to this license; or
1.3.5. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
1.4. Payment: In consideration of the License granted under clause 1.2, Licensee shall pay Licensor a FEE, via Credit-Card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
1.5. Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.
1.6.1. Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
1.6.2. No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s Server[s] and Website[s].
1.6.3. Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development, website and server environment and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software’s incompatibility, performance, results and features, and warrants that he inspected the The Software.
1.7. No-Refunds: Licensee warrants that he inspected The Software according to clause 1.6.3 and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate or restitution for any reason whatsoever, even if The Software contains material flaws.
1.8. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor’s intellectual property rights or Licensor’s title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
1.9. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.
1.10. Royalties: The Licensor can use The Software in development and commercial projects in test and production. If The Software, or a derived version of it, is bundled in an open-source or effectively open-source product, the The Licensor must pay the Licensee the price of The Software at the Effective Date per lisence sold of The Licensor’s product.