End-User License Agreement for Linortek Software and Documentation
This End-User License Agreement (“EULA”) is a legal agreement between YOU (an individual or single entity) and Linor Technology, Inc. (“Linortek” or “we” or “us”) that governs your use of the software and documentation (“Software”) embedded in or associated with the Fargo, Koda, Netbell and IoTMeter series of products (“Linortek Products”).
This EULA governs your access and use of the Software. This EULA gives you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this EULA will not apply to the extent prohibited or limited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of this EULA may not apply to you.
By installing, accessing, copying and/or using the Software or documentation you are agreeing to be bound by the terms and conditions of this EULA on behalf of yourself or the entity that you represent in connection with such installation, access, copying and/or use. You represent and warrant that (i) you have the right, authority, and capacity to accept and agree to the terms of this EULA on behalf of yourself or the entity you represent (ii) you are of sufficient legal age in your jurisdiction of residence, (iii) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you not listed on any U.S. Government list of prohibited or restricted parties.
If you do not wish to be bound by the terms of this EULA you may not install, access, copy or use the Software in any way (whether or not pre-installed on a device you have purchased).
1. Permitted Use of Software/ Software License.
Subject to the terms of this EULA, Linortek grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable right and license to (a) download, install and execute one copy of the Software, in executable object code form only, solely on the Linortek Product that you own or control and to (b) use the Software solely in connection with the Linortek Product in accordance with its intended use as described on the Linortek website (each of 1(a) and 1(b) a “Permitted Use” and collectively “Permitted Uses”).
2. Restrictions on Your Use of the Software.
You agree not to, and not to permit others to, use the Software for any purpose other than the Permitted Uses described in Section 1 above. This means, among other things, you may not:
(a) edit, alter, modify, adapt, translate, make derivative works of, disassemble, reverse engineer or reverse compile any part of the Software (except to the extent applicable laws specially prohibit such restriction for interoperability purposes, in which case you agree to first contact Linortek and provide Linortek an opportunity to create such changes as are needed for interoperability purposes);
(b) license, assign, distribute, transmit, sell, rent, host, outsource, disclose or otherwise use the Software for any commercial purpose or make Software available to any third party;
(c) allow any third party to use the Software on behalf of or for the benefit of any third party;
(d) use any portion of the Software on any device or computer other than the Linortek Product that you own or control;
(e) use the Software in any way that breaches any applicable local, national or international law; or
(f) remove or alter any labels, symbols, legends or proprietary notices, including but not limited to any copyright, trademark, logo in the Software. You may not disclose the results of any performance or functional evaluation of any of the Software to any third party without the prior written consent of Linortek for each such release.
Linortek may from time to time develop updates, upgrades, patches, bug fixes and other modifications (“Updates”) to improve the performance of the Software. Except as otherwise provided on the Linortek website, these Updates will be provided to you free of charge. These Updates may be automatically installed without notice to you. By using the Software, you also consent to automatic Updates. If you do not agree to this you may not install, access, copy or use the Software in any way.
The Software is licensed to you and not sold. Linortek reserves all rights to the Software and any Updates not expressly granted herein. The Software and Linortek Products are protected by copyright, trademark and other intellectual property laws and treaties. Linortek and its licensors own the title, copyright, trademarks and other intellectual property rights in the Software. You are not granted any rights to Linortek’s trademarks or service marks. There are no implied licenses in this EULA.
This EULA is effective from the date you first use the Software and will continue for as long as you own the Linortek Product associated with it or until you or Linortek terminate this agreement under this section. You may terminate this EULA at any time upon written notice to Linortek at the address provided below. Linortek may terminate this EULA at any time if you fail to comply with any of the terms in this agreement. The license granted in this EULA terminates immediately when the agreement terminates. Upon termination, you must stop using the Linortek Product and the Software and you must delete all copies of the Software. The terms of Sections 2 – Restrictions on Your Use of the Software, will still remain in effect after the agreement terminates.
6. Warranty Disclaimer.
EXTENT PERMITTED BY APPLICABLE LAW, LINORTEK PROVIDES THE SOFTWARE “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LINORTEK DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SOFTWARE. LINORTEK MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU USE THE SOFTWARE AND THE LINORTEK PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND LINORTEK DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE AND LINORTEK PRODUCT.
7. Limitation of Liability.
Nothing in this EULA and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) LINORTEK BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR SOFTWARE, EVEN IF LINORTEK KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) LINORTEK’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO LINORTEK AND LINORTEK’S AUTHORISED DISTRIBUTOR OR SALES REPRESENTATIVE FOR THE PRODUCTS OR SERVICES AT ISSUE IN THE PRIOR 6 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. LINORTEK DISCLAIMS ALL LIABILITY OF ANY KIND OF LINORTEK’S LICENSORS AND SUPPLIERS.
8. Compliance with Export Laws.
You acknowledge that the Software and related technology are subject to U.S. export control laws U.S. export jurisdiction and may be subject to export or import regulations in other countries. You agree to strictly comply with all applicable international and national laws and regulations that apply to the Software, including the U.S. Export Administration Regulations as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. You acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Software and related technology, as may be required. You will indemnify and hold Linortek harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section.
You may not assign any of your rights or obligations under this EULA, and any attempt to assign will be void and without effect.
Linortek may provide any notice to you related to this EULA using the email and address that you provided when you registered with Linortek.
To be effective, any and all waivers by Linortek hereunder must be in writing and signed by an authorized Linortek representative. Any other failure of Linortek to enforce any term hereunder will not be deemed a waiver.
Any provision of this EULA that is found to be unenforceable will be edited and interpreted to accomplish the objectives of that provision to the greatest extent possible under applicable law and all remaining provisions will remain in full force and effect.
13. Governing Law; Venue.
You agree that this EULA, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to this EULA, will be governed by the laws of the state of North Carolina, U.S.A., without regard to conflicts of laws principles, provided that if you reside in a country that will not apply U.S. law to disputes related to these terms, then the laws of your country will apply. You also agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply. You agree that regardless of any statute or law to the contrary, any cause of action against us arising out of or related to the Linortek website, the Software or the Linortek Products must commence within one (1) year after the cause of action accrues or such cause of action shall be permanently barred. Any action or proceeding relating to this EULA must be brought in a federal or state court located in Raleigh, North Carolina and each party irrevocably submits to the jurisdiction and venue of any such court in any such claim or dispute, except that Linortek may seek injunctive relief in any court having jurisdiction to protect its intellectual property.
To print a copy of this agreement, please click HERE.