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Multi Tenant Operator End User License Agreement

Last revision date: 12 December 2022

IMPORTANT: THIS SOFTWARE END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT ("Agreement") BETWEEN YOU (THE CUSTOMER, EITHER AS AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AS AN ENTITY) AND Stakater AB OR ITS SUBSIDUARY ("COMPANY"). READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING MULTI TENANT OPERATOR ("SOFTWARE"). IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.

In order to use the Software under this Agreement, you must receive a license key at the time of purchase, in accordance with the scope of use and other terms specified and as set forth in Section 1 of this Agreement.

1. License Grant

  • 1.1 General Use. This Agreement grants you a non-exclusive, non-transferable, limited license to the use rights for the Software, subject to the terms and conditions in this Agreement. The Software is licensed, not sold.

  • 1.2 Electronic Delivery. All Software and license documentation shall be delivered by electronic means unless otherwise specified on the applicable invoice or at the time of purchase. Software shall be deemed delivered when it is made available for download for you by the Company ("Delivery").

2. Modifications

  • 2.1 No Modifications may be created of the original Software. "Modification" means:

    • (a) Any addition to or deletion from the contents of a file included in the original Software

    • (b) Any new file that contains any part of the original Software

3. Restricted Uses

  • 3.1 You shall not (and shall not allow any third party to):

    • (a) reverse engineer the Software or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Software by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions);

    • (b) distribute, sell, sub-license, rent, lease or use the Software for time sharing, hosting, service provider or like purposes, except as expressly permitted under this Agreement;

    • (c) redistribute the Software;

    • (d) remove any product identification, proprietary, copyright or other notices contained in the Software;

    • (e) modify any part of the Software, create a derivative work of any part of the Software (except as permitted in Section 4), or incorporate the Software, except to the extent expressly authorized in writing by the Company;

    • (f) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software;

    • (g) utilize any equipment, device, software, or other means designed to circumvent or remove any form of Source URL or copy protection used by the Company in connection with the Software, or use the Software together with any authorization code, Source URL, serial number, or other copy protection device not supplied by the Company;

    • (h) use the Software to develop a product which is competitive with any of the Company's product offerings;

    • (i) use unauthorized Source URLs or license key(s) or distribute or publish Source URLs or license key(s), except as may be expressly permitted by the Company in writing. If your unique license is ever published, the Company reserves the right to terminate your access without notice.

  • 3.2 Under no circumstances may you use the Software as part of a product or service that provides similar functionality to the Software itself.

4. Ownership

  • 4.1 Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, the Company and its suppliers have and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Software and all copies, modifications and derivative works thereof (including any changes which incorporate any of your ideas, feedback or suggestions). You acknowledge that you are obtaining only a limited license right to the Software, and that irrespective of any use of the words "purchase", "sale" or like terms hereunder no ownership rights are being conveyed to you under this Agreement or otherwise.

5. Fees and Payment

  • 5.1 The Software license fees will be due and payable in full as set forth in the applicable invoice or at the time of purchase. You shall be responsible for all taxes, with-holdings, duties and levies arising from the order (excluding taxes based on the net income of the Company).

6. Support, Maintenance and Services

  • 6.1 Subject to the terms and conditions of this Agreement, as set forth in your invoice, and as set forth on the Multi Tenant Operator support page, support and maintenance services may be included with the purchase of your license subscription.

7. Disclaimer of Warranties

  • 7.1 The Software is provided "as is", with all faults, defects and errors, and without warranty of any kind. The Company does not warrant that the Software will be free of bugs, errors, or other defects, and the Company shall have no liability of any kind for the use of or inability to use the Software, the Software content or any associated service, and you acknowledge that it is not technically practicable for the Company to do so.

  • 7.2 To the maximum extent permitted by applicable law, the Company disclaims all warranties, express, implied, arising by law or otherwise, regarding the Software, the Software content and their respective performance or suitability for your intended use, including without limitation any implied warranty of merchantability, fitness for a particular purpose.

8. Limitation of Liability

  • 8.1 In no event will the Company be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages or liabilities whatsoever arising from or relating to the Software, the Software content or this Agreement, whether based on contract, tort (including negligence), strict liability or other theory, even if the Company has been advised of the possibility of such damages.

  • 8.2 In no event will the Company's liability exceed the Software license price as indicated in the invoice. The existence of more than one claim will not enlarge or extend this limit.

9. Remedies

  • 9.1 Your exclusive remedy and the Company's entire liability for breach of this Agreement shall be limited, at the Company's sole and exclusive discretion, to:

    • (a) replacement of any defective software or documentation; or

    • (b) refund of the license fee paid to the Company

10. Acknowledgements

  • 10.1 Consent to the Use of Data. You agree that the Company and its affiliates may collect and use technical information gathered as part of the product support services. The Company may use this information solely to improve products and services and will not disclose this information in a form that personally identifies individuals or organizations.

  • 10.2 Government End Users. If the Software and related documentation are supplied to or purchased by or on behalf of a Government, then the Software is deemed to be "commercial software" as that term is used in the acquisition regulation system.

11. Third Party Software

  • 11.1 Examples included in Software may provide links to third party libraries or code (collectively "Third Party Software") to implement various functions. Third Party Software does not comprise part of the Software. In some cases, access to Third Party Software may be included along with the Software delivery as a convenience for demonstration purposes. Licensee acknowledges:

    • (1) That some part of Third Party Software may require additional licensing of copyright and patents from the owners of such, and

    • (2) That distribution of any of the Software referencing or including any portion of a Third Party Software may require appropriate licensing from such third parties

12. Miscellaneous

  • 12.1 Entire Agreement. This Agreement sets forth our entire agreement with respect to the Software and the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements whether written or oral.

  • 12.2 Amendment. The Company reserves the right, in its sole discretion, to amend this Agreement from time. Amendments are managed as described in General Provisions.

  • 12.3 Assignment. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of The Company and any attempted assignment without such consent shall be void.

  • 12.4 Export Compliance. You agree to comply with all applicable laws and regulations, including laws, regulations, orders or other restrictions on export, re-export or redistribution of software.

  • 12.5 Indemnification. You agree to defend, indemnify, and hold harmless the Company from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of your use of the Software or breach of this Agreement.

  • 12.6 Attorneys' Fees and Costs. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys' fees and costs in connection with such action.

  • 12.7 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect.

  • 12.8 Waiver. Failure or neglect by either party to enforce at any time any of the provisions of this license Agreement shall not be construed or deemed to be a waiver of that party's rights under this Agreement.

  • 12.9 Audit. The Company may, at its expense, appoint its own personnel or an independent third party to audit the numbers of installations of the Software in use by you. Any such audit shall be conducted upon thirty (30) days prior notice, during regular business hours and shall not unreasonably interfere with your business activities.

  • 12.10 Headings. The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs.

13. Contact Information

  • 13.1 If you have any questions about this EULA, or if you want to contact the Company for any reason, please direct correspondence to sales@stakater.com.

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