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END-USER LICENCE AGREEMENT
This end-user licence agreement (this “EULA”) is a legal agreement between you (the “End-user” or “you”) and Solfar Studios ehf. of Laugavegur 3, 101 Reykjavik, Iceland (“Solfar” or “we/us”) for the beta version software provided under this EULA (the “Software”).
We license the use of the Software to you on the basis of this EULA. We do not sell the Software to you. We remain the owners of the Software at all times.
IMPORTANT NOTICE:
AGREED TERMS
1. General
1.1 The terms of this EULA apply to the Software or any of the services accessible through the Software (the “Services”), including any updates or supplements to the Software, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Software or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by making a notification thereof.
1.3 From time to time updates to the Software may be issued. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the Software and accepted any new terms.
1.4 The terms of our privacy policy from time to time, available at (the “Privacy Policy”) are incorporated into this EULA. Additionally, by using the Software, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Software may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1.5 By using the Software, you consent to us collecting and using technical information about the devices used and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.6 The Software or any Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2. Grant and scope of licence
In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the Software in accordance with the terms contained in this EULA and the Privacy Policy. We reserve all other rights.
3. Licence Restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the Software except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
(c) not to make alterations to, or modifications of, the whole or any part of the Software, or permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:
(together the “Licence Restrictions”).
4. Acceptable Use Restrictions
You must:
(a) not use the Software or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Software, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the Software or any Service (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software or any Service;
(d) not use the Software or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service,
(together “Acceptable Use Restrictions”).
5. Intellectual Property Rights
5.1 You acknowledge that all intellectual property rights in the Software anywhere in the world belong to us or our licensors, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the Software in source-code form.
6. No Warranties
THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, SOLFAR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT SOLFAR OR ITS DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLFAR PROVIDES THIS SOFTWARE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOLFAR, ITS DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
NEITHER SOLFAR NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF SOLFAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. Solfar shall have no obligation to provide technical support, maintenance, updates or other support for the Software.
7. Limitation of Liability
7.1 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described meet your requirements.
7.2 We only supply the Software for domestic and private use. You agree not to use the Software for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the Licence Fee.
8. Termination
8.1 We may terminate this EULA immediately by written notice to you:
8.2 On termination for any reason:
9. Communication Between Us
9.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by prepaid post to Solfar Studios ehf. at Laugavegur 3, 101 Reykjavik, Iceland or by email at . We will confirm receipt of this by contacting you in writing, normally by e-mail.
9.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the Software.
10. Events Outside Our Control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (an “Event Outside Our Control”).
10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
11. Other Important Terms
11.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
11.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
11.3 This EULA is governed by Icelandic law. You and we both agree that the courts of Iceland will have exclusive jurisdiction. Notwithstanding the foregoing, we will have the right to issue proceedings against you in any other competent jurisdiction.
This end-user licence agreement (this “EULA”) is a legal agreement between you (the “End-user” or “you”) and Solfar Studios ehf. of Laugavegur 3, 101 Reykjavik, Iceland (“Solfar” or “we/us”) for the beta version software provided under this EULA (the “Software”).
We license the use of the Software to you on the basis of this EULA. We do not sell the Software to you. We remain the owners of the Software at all times.
IMPORTANT NOTICE:
- BY DOWNLOADING OR STREAMING THE SOFTWARE YOU AGREE TO THE TERMS OF THIS EULA WHICH WILL BIND YOU. THE TERMS OF THIS EULA INCLUDE, IN PARTICULAR, THE PRIVACY POLICY DEFINED IN PARAGRAPH 1.4, NO WARRANTIES IN PARAGRAPH 6 AND LIMITATIONS ON LIABILITY IN PARAGRAPH 7.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, WE WILL NOT LICENSE THE SOFTWARE TO YOU AND YOU MUST STOP THE DOWNLOADING OR STREAMING PROCESS NOW. IN THIS CASE THE DOWNLOADING OR STREAMING PROCESS WILL TERMINATE.
- You should print a copy of this EULA for future reference.
AGREED TERMS
1. General
1.1 The terms of this EULA apply to the Software or any of the services accessible through the Software (the “Services”), including any updates or supplements to the Software, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the Software or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by making a notification thereof.
1.3 From time to time updates to the Software may be issued. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the Software and accepted any new terms.
1.4 The terms of our privacy policy from time to time, available at (the “Privacy Policy”) are incorporated into this EULA. Additionally, by using the Software, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Software may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1.5 By using the Software, you consent to us collecting and using technical information about the devices used and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.6 The Software or any Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2. Grant and scope of licence
In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the Software in accordance with the terms contained in this EULA and the Privacy Policy. We reserve all other rights.
3. Licence Restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the Software except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software;
(c) not to make alterations to, or modifications of, the whole or any part of the Software, or permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program, and provided that the information obtained by you during such activities:
- (i) is used only for the purpose of achieving inter-operability of the Software with another software program;
- (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- (iii) is not used to create any software that is substantially similar to the Software; and
(together the “Licence Restrictions”).
4. Acceptable Use Restrictions
You must:
(a) not use the Software or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Software, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the Software or any Service (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software or any Service;
(d) not use the Software or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service,
(together “Acceptable Use Restrictions”).
5. Intellectual Property Rights
5.1 You acknowledge that all intellectual property rights in the Software anywhere in the world belong to us or our licensors, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the Software in source-code form.
6. No Warranties
THIS SOFTWARE AND ACCOMPANYING DOCUMENTATION (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, SOLFAR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT SOLFAR OR ITS DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOLFAR PROVIDES THIS SOFTWARE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOLFAR, ITS DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
NEITHER SOLFAR NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT EVEN IF SOLFAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to you. Solfar shall have no obligation to provide technical support, maintenance, updates or other support for the Software.
7. Limitation of Liability
7.1 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described meet your requirements.
7.2 We only supply the Software for domestic and private use. You agree not to use the Software for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the Licence Fee.
8. Termination
8.1 We may terminate this EULA immediately by written notice to you:
- (a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
- (b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
8.2 On termination for any reason:
- (a) all rights granted to you under this EULA shall cease;
- (b) you must immediately cease all activities authorised by this EULA, including your use of any Services; and
- (c) you must immediately delete or remove the Software from all devices, and immediately destroy all copies of the Software then in your possession, custody or control and certify to us that you have done so.
9. Communication Between Us
9.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by prepaid post to Solfar Studios ehf. at Laugavegur 3, 101 Reykjavik, Iceland or by email at . We will confirm receipt of this by contacting you in writing, normally by e-mail.
9.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the Software.
10. Events Outside Our Control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (an “Event Outside Our Control”).
10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
- (a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
- (b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
11. Other Important Terms
11.1 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
11.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
11.3 This EULA is governed by Icelandic law. You and we both agree that the courts of Iceland will have exclusive jurisdiction. Notwithstanding the foregoing, we will have the right to issue proceedings against you in any other competent jurisdiction.