END-USER LICENSE AGREEMENT FOR SOFTWARE [EULA]
Biosan End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Biosan for the Biosan software product(s) which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE").
By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Biosan, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE is licensed as follows:
(a) Installation and Use.
Biosan grants you the right to install and use one copy of the SOFTWARE on a single computer running a validly licensed copy of the operating system for which the SOFTWARE was designed [Windows 10 and newer].
(b) Backup Copies.
You may also make copies of the SOFTWARE as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE.
(b) Distribution.
You may not distribute registered copies of the SOFTWARE to third parties. Evaluation versions available for download from Biosan's websites may be freely distributed.
(c) Prohibition on Reverse Engineering, Decompilation and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE.
(d) Rental.
You may not rent, lease or lend SOFTWARE.
(e) Support Services.
Biosan may provide you with support services related to the SOFTWARE ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE. Namely, EULA, interpretation of it, any claim or disputes arising out of EULA shall be governed by the law of Republic of Latvia.
3. TERMINATION
Without prejudice to any other rights, Biosan 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 in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the SOFTWARE and any copies thereof are owned by Biosan or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE 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 Biosan.
5. NO WARRANTIES
Biosan expressly disclaims any warranty for the SOFTWARE. The SOFTWARE is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Biosan does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE. Biosan makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Biosan further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. COMPLIANCE WITH GENERAL DATA PROTECTION REGULATION OF EU [GDPR]
Use of SOFTWARE does not require the creation of an account [channel] to work; SOFTWARE not require, collect or in any way process user’s personal data. During its operation, SOFTWARE also no sending any of user data (including, but not limited to information from equipment SOFTWARE is installed) without user’s control. Biosan may get expressly limited scope of technical data as user IP address.
7. LIMITATION OF LIABILITY
In no event shall Biosan be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE, even if Biosan has been advised of the possibility of such damages. In no event will Biosan be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Biosan shall have no liability with respect to the content of the SOFTWARE or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
