SteornLab

SteornLab Hall Probe License

Installation

Please read this software license agreement ("License") carefully before making use of the SteornLab software ("Software"). Use of the Software is an acknowledgement by You that You have read and understood this License and are agreeing to be bound by its terms and conditions. If You do not or can not agree to the terms and conditions of this License, You should not use the Software and instead promptly return it, along with all accompanying documentation and packaging to the place of purchase. If the Software was downloaded, click the "I Do Not Accept the License Agreement" button. Where You acquired this Software as part of a hardware and software package ("Package"), You must return the entire Package. For returns/refund information please refer to Steorn's Terms and Conditions.

Grant of License

The Software and its accompanying documentation, whether supplied electronically, on disk, or any other media are licensed by Steorn, not sold, to You for use in accordance with the terms of this License only. Steorn reserves all rights not expressly granted to You under this License. Steorn and/or its licensors (where applicable) reserve title to the Software and all intellectual property rights contained therein. You agree to only use the Software in compliance with all applicable laws and statues in the jurisdiction(s) in which You use the Software. This License will apply to any Software upgrades which Steorn may make available from time to time, unless any such upgrade is accompanied by a separate License which will then govern.

Subject to the terms and conditions of this License, Steorn grants You a nonexclusive license to install and use (whether on the computer's temporary or permanent memory) one copy of the Software on one computer at a time in conjunction with the SteornLab product you have purchased. This License does not permit the installation of the Software on more than one computer at a time and it may not be made available on a network where more than one computer may use it at a time. The Software is owned by Steorn and/or its licensors, is protected by applicable copyright laws and must therefore be treated as copyrighted material. You may make one copy of the Software for backup purposes, provided that such backup includes all copyright and other notices as are supplied with the Software.

Except as expressly permitted by this License or applicable law, You may not reverse engineer, disassemble, decompile, copy, modify or create derivatives of the Software in whole or in part. You may not amend, modify or supplement the Software with any additional code. You may not sell, distribute, rent, sub-license, lease or otherwise transfer the Software to another party, except upon a permanent transfer of the accompanying Product. The permanent transfer must include all Software, documentation, packaging and accompanying media and the recipient must review and agree to be bound by this License. You may not keep any copy of the Software following such a transfer.

The Software is not to be used in any environment where its failure could lead to death or personal injury and/or severe environmental damage.

Limited Warranty; Remedy

Steorn warrants that the Software's performance will substantially conform to its accompanying specifications and the media on which the Software is supplied to be free from defects in material and workmanship under normal use for a period of ninety (90) days from the date of purchase. The warranty shall be void if any fault in the Software and/or media is a result of misuse, misapplication or accidental damage. This limited warranty is non-transferable. This warranty gives you specific legal rights and you may have other rights dependant on your jurisdiction.

Your exclusive remedy for any breach of warranty shall be, at Steorn's option, to (a) repair or replace the Software or media, provided that the Software or media is returned to Steorn or its authorised representative or (b) refund the price paid. In both cases all accompanying sales documentation must be provided to Steorn. Replacement Software or media are warranted for the longer of thirty (30) days or the remainder of the original warranty period.

Disclaimer of Warranties

Steorn provides the Software on an "as is" basis, and You use the Software at Your sole risk. Save for the limited warranty provided above, Steorn makes no warranty that the Software will meet Your requirements; nor that the operation of the Software will be uninterrupted, timely, secure, accurate, error free, or that defects in the Software will be corrected. Steorn expressly disclaims all warranties of any kind insofar as is permissible by law, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, of satisfactory quality, of fitness for a particular purpose, of quiet enjoyment and non-infringement of third party rights. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights, so the above limitations may not apply to you, in which case any warranty is limited to the minimum warranty period allowed by applicable law.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL STEORN OR ANY OF ITS LICENSORS BE LIABLE FOR DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF DATA, OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE ANY STEORN PRODUCT OR SERVICE WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF STEORN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Steorn's total liability to You for all damages (other than as may not be disclaimed under applicable law) under this License exceed the price paid by You for use of the Software.

Export Control

You are advised that product, which may include technology and software, is subject to EU and US export control laws and laws of the country where it is delivered or used. Under these laws, product may not, directly or indirectly, be exported, sold, downloaded, leased or transferred to restricted end users or countries or for restricted end uses. You agree to familiarise yourself with, and abide by, these laws.

Governing Law, Severability

This License shall be governed by the laws of Ireland. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect.

The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.

Termination

This License is effective until terminated. It shall terminate automatically should You fail to comply with any term(s) of this License. In the event of termination, regardless of the reason, You will immediately cease any and all use of the Software and destroy any copies of the Software in Your possession or control.

Entire Agreement; Variations

This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License merges and supersedes any and all other prior agreements, discussions, negotiations, and communications among the parties. The parties acknowledge and expressly represent and warrant that they have relied solely upon their own judgment, together with advice of counsel where and as deemed necessary by the respective party, when deciding whether to enter into this License. Each party further agrees, acknowledges, and expressly warrants that no information, statement, promise, representation, warranty, condition, inducement, or agreement of any kind, whether oral or written, made by or on behalf of any other party shall be, or has been, relied upon by it unless specifically contained and incorporated herein. This license may not be released, discharged, supplemented, amended, varied or modified except by an instrument in writing signed by a duly authorised representative of each party.

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