End User License agreement for the Visual Components product family programs

This is a legal agreement between Licensee and Visual Components Oy ("VISUAL"). VISUAL is willing to license this software to Licensee only upon the condition that Licensee shall accept all of the terms and conditions contained in the following license agreement ("Agreement"). Please read the terms and conditions carefully as continuing with the setup procedure will indicate Licensee´s acceptance of all of the terms and conditions of the Agreement. If Licensee does not agree to the terms and conditions, VISUAL is unwilling to license the software to Licensee. Definitions "Software" shall be taken as referring to the application you are now installing with this setup procedure including files supplied in the software archive and to any and all copies, updates, modifications, functionally-equivalent derivatives, or any parts or portions thereof. "Licensee" shall be taken as referring to the person or business entity who has acquired this license to use the Software or for whom such license was acquired. Grant of License Upon acceptance of this Agreement, as evidenced by continuing with the setup procedure, VISUAL grants Licensee a non-transferable, non-exclusive, non-sub-licensable license to use one (1) copy of the enclosed Software on a single terminal connected to a single computer. Licensee may not network the Software, or otherwise use it on more than one (1) computer terminal at the same time. Use of 3DVideo is limited to visualising and communication of results of use of other VISUAL Software unless expressly allowed by VISUAL. Licensee is not allowed to change parameters or input data of a simulation model in 3DVideo or to create models that allow changing parameters or input data of a simulation model in 3DVideo. Copyright The Software and the accompanying documentation are protected by the copyright laws of Finland and international treaty provisions. The Software may not be reproduced in any form save for the sole purpose of making a backup copy for archival purposes. Licensee may neither reproduce the written documentation accompanying the Software. Other Restrictions Licensee may not use, copy, modify, or transfer the Software or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in this Agreement. Licensee shall not decompile, disassemble, or reverse engineer any of the Software or attempt to do so. Licensee shall not rent, lease, sub-license, or transfer the Software. Licensee shall not use the Software for purposes the Software is not intended to. Proprietary Rights Other than the license granted herein, VISUAL retains exclusive proprietary rights (including all rights, title, and interest) in the Software. Licensee shall not use VISUAL's name, trademarks, or any VISUAL designation in association with Licensee's application software. Termination This license is effective until terminated. Licensee may terminate it at any time by destroying all copies of the Software covered by this Agreement and all support files generated by the Software. It will also terminate, if Licensee fails to comply with any term or condition of this Agreement. Licensee agrees that upon such termination to destroy this Software, including all copies, functionally-equivalent derivatives, and all portions and modifications thereof in any form. Warranties: Disclaimers THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH LICENSEE. SHOULD THE SOFTWARE PROVE TO BE DEFECTIVE, LICENSEE (NOT VISUAL) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. VISUAL does not warrant that the functions contained in this Software will meet Licensee´s requirements or that the operation of this Software will be uninterrupted or error-free. However, VISUAL does warrant the data medium, on which the Software is furnished, shall be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to Licensee. Remedies: Limitations Licensee's sole and exclusive remedy against VISUAL shall be, at VISUAL's sole discretion: a. The replacement of any data medium not meeting VISUAL's "Limited Warranty" above and which is returned to VISUAL; or b. If VISUAL is unable to deliver a replacement data medium, which is free of defects in materials or workmanship, Licensee may terminate this Agreement by returning this Software and money paid by Licensee be refunded. IN NO EVENT WILL VISUAL BE LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE EVEN IF VISUAL OR ITS AUTHORIZED REPRESENTATIVE(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT SHALL VISUAL'S LIABILITY EXCEED AMOUNTS PAID TO VISUAL BY LICENSEE UNDER THIS AGREEMENT. Other terms Licensee may not sub-license, assign or otherwise transfer this license or Software except as expressly provided in this Agreement. Any attempt to otherwise sub-license, assign, or transfer any of the rights, duties or obligations hereunder is expressly prohibited and will terminate this Agreement. By continuing the setup procedure, Licensee acknowledges that Licensee has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Licensee further agrees that this is the complete and exclusive statement of the Agreement between Licensee and VISUAL, which supersedes any proposal or prior agreement, whether oral or written, and any other communications between Licensee and VISUAL relating to the subject matter of this Agreement. This Agreement shall be governed by the laws of Finland excluding its choice of law provisions.