END USER LICENSE AGREEMENT
THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT
BETWEEN BLUE METEORITE LTD ("BLUE METEORITE") AND YOU (“YOU”) REGARDING
THE SOFTWARE THAT YOU ARE ACCESSING, USING, DOWNLOADING, INSTALLING
AND/OR COPYING, INCLUDING ANY ACCOMPANYING MANUAL, DOCUMENTATION OR
OTHER RELATED MATERIAL PROVIDED BY BLUE METEORITE AS PART OF THE
SOFTWARE, OR IN CONNECTION THEREWITH (COLLECTIVELY, THE "SOFTWARE").
BY USING AND DOWNLOADING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU
UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT
AGREE, YOU SHALL NOT CONTINUE TO ACCESS, USE, DOWNLOAD, INSTALL AND/OR
COPY THE SOFTWARE.
1. LICENSE GRANT AND RESTRICTIONS.
1.1 License Grant. Blue Meteorite hereby grants you a non-exclusive, non-transferable, worldwide, and perpetual license to display and use the Software on a compatible electronic device.
1.2 Restrictions. You shall not: (i) decompile, disassemble or reverse engineer the Software or
otherwise attempt to gain access to its source code, except to the extent that such restrictions are expressly
prohibited by law; (ii) copy, offer for public display, translate, adapt, modify or otherwise alter the Software, or create derivative works thereof, except to the extent that such restrictions are expressly prohibited
by law; (iii) rent, lease, loan, sublicense or distribute the Software, or offer it on a timeshare, service bureau, outsourced or other for charge (or free) basis; (iv) use the Software to infringe the copyrights or other
intellectual property rights of others in any way; (v) remove, circumvent, disable, damage or otherwise
interfere with security-related or limiting features of the Software; and/or (vi) modify or delete the copyright and other proprietary rights notices on or in the Software; (vii) incorporate, embed, combine merge or
bundle the Software with any other hardware or software (except to the extent strictly necessary to use the
Software in accordance with its intended purpose and these terms (viii) directly or indirectly permit any
third party to any of the above.
1.3 Additional Restrictions for Trial Versions. If the Software was provided to you for trial use
for a limited period of time and/or number of uses, you agree not to use the Software beyond the expiration
or termination of the trial period. You acknowledge and agree that the Software may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer or
device after deletion of the Software to prevent you from installing another copy of the Software and repeating the trial.
2. TERMINATION. This EULA is effective until terminated. You may terminate this EULA
at any time by discontinuing use of the Software, uninstalling the Software and permanently destroying all
copies of the Software in your possession or control. Blue Meteorite may terminate this EULA if you
breach any of its terms or conditions and fail to do remedy the breach within 14 days of a written notice.
Upon termination of this EULA, you agree to immediately uninstall the Software and permanently destroy
all copies of the Software, to the extent practicable.
3. SOFTWARE OWNERSHIP. The Software is the copyrighted proprietary material of Blue
Meteorite and/or its third-party licensors and is subject to copyright protection under copyright law and
international copyright treaties, as well as other intellectual property laws and treaties. Blue Meteorite
and/or its third-party licensors retain all right, title, and interest in the Software (and any copies thereof),
including patents, copyrights, trademark, trade secrets and other intellectual property rights applicable
thereto, and specifically reserve all rights not expressly granted under this EULA. This EULA and the
access, use, download, installation and/or copying of the Software by you constitutes a license only and is
not a sale of the Software or any copy thereof.
4. CONFIDENTIALITY. You acknowledge that the Software contains proprietary and confidential information of Blue Meteorite and/or Blue Meteorite’s licensors (collectively, “Confidential Information.”) You shall not disclose, provide or otherwise make available to any third parties any such Confidential Information.
5. NO WARRANTIES BY BLUE METEORITE.
5.1 Disclaimer of Warranty. EXCEPT AS SPECIFICALLY PROVIDED HEREIN BLUE
METEORITE MAKES NO WARRANTIES PERTAINING TO THE SOFTWARE, WHICH IS BEING
PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT, OR WARRANTIES THAT THE SOFTWARE WILL BE ERROR-FREE,
SECURE OR VIRUS-FREE, ARE HEREBY EXPRESSLY DISCLAIMED.
THE SOLE WARRANTIES MADE BY BLUE METEORITE IN CONNECTION WITH THE
SOFTWARE ARE THAT:
(A) IT WILL WORK SUBSTANTIALLY IN THE MANNER DESCRIBED IN THE SOFTWARE
DOCUMENTATION FOR A PERIOD OF 30 DAYS FROM THE FIRST DAY THE SOFTWARE IS
FIRST INSTALLED; AND
(B) IT DOES NOT INFRINGE THE IP OF ANY PERSON.
YOUR SOLE REMEDY FOR ANY BREACH OF THE WARRANTIES IS THAT WE MUST, AT OUR
OPTION, EITHER:
(A) MODIFY THE SOFTWARE; OR
(B) REPLACE THE SOFTWARE WITH SOFTWARE OF SUBSTANTIALLY SIMILAR
FUNCTIONALITY,
SO AS TO CORRECT ANY DEFECT OR TO RENDER ITS USE NON INFRINGING (AS THE CASE
MAY BE) PROVIDED THAT THE IDENTIFIED DEFECT OR INFRINGEMENT HAS NOT BEEN
CAUSED BY:
(I) ANY MODIFICATION, VARIATION OR ADDITION TO THE SOFTWARE NOT PERFORMED
BY US;
(II) INCORRECT USE, ABUSE OR CORRUPTION OF THE SOFTWARE; OR
(III) THE USE OF THE SOFTWARE WITH OTHER SOFTWARE OR ON EQUIPMENT WITH
WHICH IT IS INCOMPATIBLE.
YOU MUST PROVIDE SUFFICIENT INFORMATION ABOUT ANY DEFECT TO ENABLE US TO
REPRODUCE IT ON OUR SYSTEMS.
5.2 No Right to Receive Support or Updates. In no event shall Blue Meteorite be obligated to
provide, or otherwise be responsible for providing, support, training, maintenance, upgrades, enhancements, error corrections or any other modifications or changes to the Software. However, you may enter
into a Fresh subscription agreement with your local distributor for Valo Intranet license maintenance
.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL BLUE METEORITE’S TOTAL
AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION
ARISING OUT OF OR RELATING TO THIS EULA AND/OR YOUR USE OF THE SOFTWARE
EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR TWENTY U.S. DOLLARS
($20.00), WHICHEVER IS GREATER. IN NO EVENT WILL BLUE METEORITE BE LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS,
LOSS OF DATA, PRIVACY, NEGLIGENCE OR OTHER DUTY OF CARE), EVEN IF BLUE
METEORITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of warranties and limitations
of liability set forth above are fundamental elements of the basis of the agreement between you and Blue
Meteorite. You understand and agree that Blue Meteorite would not be able to economically or reasonably
provide the Software to you without these limitations. HOWEVER, SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OF
INDIRECT DAMAGES AS SET FORTH IN SECTIONS 5 AND 6 ABOVE, SO THE ABOVE
EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Blue Meteorite,
including its affiliates, if any, and their respective employees, officers, directors, agents, successors and
assigns from any claims, losses, damages and liabilities, including attorneys' fees, arising out of your violation of this EULA and/or your use or misuse of the Software.
9. EXPORT CONTROL. The Software may be subject to export restrictions imposed by governments of any of the countries in which Blue Meteorite or operate. You will comply with and any such
import and export laws, as applicable.
10. GOVERNING LAW AND VENUE.
10.1 Governing Law. This EULA will be governed by and construed in accordance with the
laws of Finland. The Parties submit to and submit to the personal jurisdiction of Finnish courts.
10.2 English Language. The governing language of this EULA is English. The parties confirm
their express wish that this Agreement and all related agreements, documents and notices be drawn up in
the English language.
11. MISCELLANEOUS. This is the entire agreement between you and Blue Meteorite relating
to the subject matter herein and replaces any and all previous representations, agreements, understandings
or communications, whether written or oral. This EULA may not be modified except in writing, signed by
both parties. If an arbitrator or a court of competent jurisdiction declares any provision of this EULA to be
void or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render it valid, enforceable and consistent with the original intent underlying such provision, and such invalidity or unenforceability will not affect any other provision of this EULA.
12. NOTICES; HOW TO CONTACT BLUE METEORITE. The Software is made available to
you by Blue Meteorite Ltd.
ADDRESS: Verkkosaarenkatu 5, FI-00580 Helsinki, Finland
PHONE: +358 20 790 7700
EMAIL: info@meteoriitti.com