EVALUATION AGREEMENT

The software and related documentation that you are about to access (the "Software") is offered by Enea AB or any of its affiliated companies (“Enea”), having its principal place of business at Jan Stenbecks Torg 17, 164 26 Kista, Sweden, for your use in accordance with the terms and conditions below.

By klicking the "ACCEPT TERMS AND CONDITIONS" box during the download, installation or activation of the Software, you represent that you have read, understood and agree to be bound by the terms and conditions of this Enea, Non-Commercial Evaluation Agreement (this "License"). If you do not accept these terms and conditions then you are not granted a license and are not authorized to access, download, install or use the Software.

1 Definitions

"Evaluator" (or "you") means the individual who or entity that accepted and agreed to be bound by the terms and conditions of this License.

"Software" means the software products, including associated documentation, made available to you for download from this website and which are licensed to you by Enea pursuant to this License.

2 Right and title to the Software

Except to the extent otherwise is provided under any open source licenses, as referred to under section 3 below, the following applies.

Title and all rights of ownership to the Software and all copies of all or any part thereof, are and remain with Enea Software AB, hereinafter referred to as ”Enea”, and/or other parties, hereinafter referred to as ”Other Owners”, to whom Enea has obligations to protect such title and ownership rights, and

The Licensed Programs are comprised of Enea´s and the Other Owner´s trade secrets and proprietary information, whether or not any portion thereof is or may be copyrighted or patented.

3 Open source Software
Certain Software or components thereof are available from Enea under the terms of various open source licenses (the “Open Source Software”), which licenses apply instead of the terms under sections 4 – 10 below. The copyright holders of the Open Source Software and the licenses to which the Open Source Software is subject are listed in the open source license terms list (the “Open Source Terms List), included in the Software installation media, and/or in the source code files. The Open Source Software licenses listed in the Open Source Terms List and/or in the source code files are hereby incorporated into this License by reference. Please contact Enea at info@enea.com if you require access to the Open Source Terms List prior to accepting this evaluation agreement.

You are solely responsible for ensuring that the Open Source Software is not used outside of any limits stated and that you comply with the terms and conditions of the Open Source Software licenses. Updated Open Source Terms Lists may be issued for each new version of the Software. You are solely responsible for reviewing and complying with new versions if you adopt Software updates.

4 License
Subject to the terms and conditions of the Evaluation Agreement, Enea hereby grants to you a personal, non-exclusive and non-transferable licence to internally use the Software for the purpose of evaluating the Software and determining the suitability of the Software for use in or in connection with your own software and/or hardware products (“Purpose”).

FOR CLARIFICATION AND AVOIDANCE OF ANT DOUBT, THIS LICENSE DOES NOT AUTHORIZE YOU TO USE THE SOFTWARE FOR COMMERCIAL PURPOSES.

5 Prohibited use

You may not and will not authorize others to:

  • Decompile, disassemble, decrypt, extract, unbundle, translate, or otherwise attempt or assist others to reverse engineer any part of the Software except as permitted by an open source license applying to a specific part of the Software, or except to the extent that Enea is expressly precluded by mandatory law from prohibiting these activities. Except for published source code files that are expressly identified by Enea as open source software, the Software IS NOT OPEN SOURCE;
  • Alter, remove, or cover any trademark, logo, proprietary or licensing notices, labels, or marks in or on any part of the Software;
  • Alter or modify the Software;
  • Sub-license, assign or otherwise transfer the Software to any third party;
  • Make copies of the Software, except one copy for internal back-up purposes; or
  • Reveal any benchmark results obtained with the Software to any other individual or third party other than Enea employees, without prior written approval from Enea.

6 Site and Contact Person
Registration form include site and contact person information for this evaluation agreement.

7 Evaluation Period
The Evaluation Period ends after 30 days.

You acknowledge and agree that you must cease all use of the Software and that any and all copies of the Software that you have in your possession must be destroyed immediately upon expiration of the Evaluation Period.

8 Confidentiality and Security
You acknowledge and agree that the Software constitutes confidential information.

You agree to (i) use the Software only as necessary to achieve the Purpose; to (ii) maintain Software in secure premises to prevent any unauthorized person from obtaining any part thereof and (iii) protect the Software by using the same degree of care as you use to protect your own confidential information of like nature, but no less than reasonable care, to prevent the unauthorized dissemination or publication and unauthorized use of the Software. In the event you are required to disclose the Software in connection with any legal, judicial or administrative proceedings or government investigation or otherwise required by law, then you will promptly notify Enea and allow a reasonable time for Enea to seek a protective or other court or administrative order from the appropriate court or government agency. Thereafter, the Software may be disclosed to the extent required by law and subject to any protective order or other court or administrative order which may then apply.

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9 Disclaimer of warranty and limitation of liability
THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES THAT THE SOFTWARE IS FREE FROM DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ENEA, OR ITS AFFILIATES, OR THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS, OR LICENSORS (COLLECTIVELY "ENEA AND ITS REPRESENTATIVES") BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF OR RELATING TO ANY USE OR INABILITY TO USE SOFTWARE, EVEN IF ENEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF ENEA AND ITS REPRESENTATIVES FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED ONE HUNDRED (100) EURO. THIS SECTION WILL SURVIVE TERMINATION.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMER OF WARRANTY AND THE LIMITATIONS OF LIABILITY PROVIDED UNDER THIS SECTION 9 CONSTITUTE AN ESSENTIAL PART OF THIS EVALUATION AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

10 Governing law and disputes

This Evaluation Agreement and any licenses granted hereunder shall be governed by, interpreted and construed in accordance with the laws of Sweden, without regard to the conflicts of laws provisions thereof.

Any dispute, controversy or claim arising out of or in connection with this Evaluation Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce.

The seat of arbitration shall be Stockholm, Sweden.

The language of the arbitration shall be English.